Fisheries Management (General) Regulation 2019



Part 1 Preliminary
1   Name of Regulation
This Regulation is the Fisheries Management (General) Regulation 2019.
2   Commencement
This Regulation commences on 1 September 2019 and is required to be published on the NSW legislation website.
Note—
This Regulation replaces the Fisheries Management (General) Regulation 2010, which is repealed on 1 September 2019 by section 10 (2) of the Subordinate Legislation Act 1989.
3   Definitions
(1)  In this Regulation—
backed up waters, in relation to a dam or impoundment, means water that has flowed into the dam or impoundment from another waterway and has ceased flowing.
certificate of survey means a certificate of survey in force under the National law (within the meaning of the Marine Safety Act 1998).
charter fishing boat has the same meaning as in Part 4A of the Act.
commercial fishing boat activity has the same meaning as in section 107 of the Act.
declared commercial fishing boat activity—see clause 115.
endorsement means an endorsement on a commercial fishing licence that authorises a person to take fish for sale in a restricted fishery or to take fish in a share management fishery.
Note—
An endorsement includes any endorsement given in the form of a document that is separate from the commercial fishing licence of a person, under an arrangement referred to in section 68 (8C), 70 (6) or 112 (5) of the Act.
estuarine waters means waters ordinarily subject to tidal influence (other than ocean waters).
fisheries official means a fisheries officer or an officer of the Department.
fishing authority has the same meaning as in Division 4C of Part 2 of the Act.
fishing business card has the same meaning as in Division 3 of Part 11.
fishing business transfer rules means the provisions of Part 10.
high water mark means the mean line between approximate high water at spring tide and neap tide.
inland restricted fishery means the restricted fishery declared under Division 3 of Part 9.
inland waters means waters not subject to tidal influence.
licensed fishing boat means a fishing boat authorised under a fishing boat licence to be used for declared commercial fishing boat activities.
Lord Howe Island waters means the waters within 3 nautical miles of—
(a)  the high water mark on Lord Howe Island, or
(b)  Balls Pyramid.
measured length of a boat means the length determined in accordance with clause 124.
ocean waters means waters east of the natural coast line of New South Wales.
protected fish means fish declared by this Regulation to be protected fish for the purposes of section 19 of the Act.
recognised fishing ground means an area identified as a recognised fishing ground in accordance with clause 94.
restricted species of fish means any species of fish referred to in Table 1 or Table 2 in clause 6.
sea urchin and turban shell restricted fishery means the restricted fishery declared under Division 1 of Part 9.
southern fish trawl endorsement means an endorsement that authorises the taking of fish for sale in the southern fish trawl restricted fishery.
southern fish trawl restricted fishery means the restricted fishery declared under Division 2 of Part 9.
Supporting Plan means the Fisheries Management Supporting Plan set out in the Appendix to the Fisheries Management (Supporting Plan) Regulation 2006.
tributary of a body of water includes a creek, stream, gully, bay, lake, lagoon and inlet of that body of water.
use, in relation to any fishing gear, includes set or lift the fishing gear (whether or not the fishing gear is baited).
Note—
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.
(2)  In this Regulation, the natural coast line is defined by a line drawn along the high water mark of the sea, except as follows—
(a)  where an estuary meets the coast—the natural coast line is defined as follows—
(i)  if an estuary has two breakwalls at the confluence with the South Pacific Ocean, by a line drawn across the easternmost extremity of both break walls,
(ii)  if an estuary has only 1 breakwall, by a line drawn from the easternmost extremity of the breakwall to the northern or southern extremity of the high water mark on the opposite bank,
(iii)  if an estuary enters the South Pacific Ocean and there are no defined points available, by a line drawn across the entrance between the easternmost extremity of the drying points on each bank,
(b)  in relation to the following waters, the natural coast line is defined as follows—
(i)  Port Stephens—by a line drawn between the southern extremity of Yacaaba Point to the Northern extremity of Tomaree Point,
(ii)  Broken Bay—by a line drawn from the southern extremity of Box Head to the northern extremity of Barrenjoey Head,
(iii)  Port Jackson—by a line drawn from the southern extremity of North Head to the northern extremity of South Head,
(iv)  Botany Bay—by a line drawn from Endeavour Light to the northern extremity of Sutherland Point,
(v)  Port Hacking—by a line drawn from the southernmost extremity of Hungry Point to the northernmost extremity of Cabbage Tree or Pulpit Point,
(vi)  Jervis Bay—by a line drawn from the southeastern point of Point Perpendicular to the southeastern point of Bowen Island then to the northeastern point of Governor Head,
(vii)  Wagonga River—by a line drawn northwest across the entrance from the northernmost extremity of Wagonga Head,
(viii)  Batemans Bay—by a line drawn from the southwestern extremity of Square Point to the northernmost extremity of Observation Point.
(3)  A reference in this Regulation to any of the following fisheries is a reference to the share management fishery of that name as described in Schedule 1 to the Act—
(a)  abalone fishery,
(b)  estuary general fishery,
(c)  estuary prawn trawl fishery,
(d)  lobster fishery,
(e)  ocean hauling fishery,
(f)  ocean trap and line fishery,
(g)  ocean trawl fishery.
(4)  A reference in this Regulation to being convicted of an offence includes a reference to being found guilty of the offence.
(5)  A reference in this Regulation to the regulations is a reference to this Regulation and any other regulations made under the Act.
(6)  A reference in this Regulation to a distance upstream or downstream in particular waters is to be read as a reference to the distance as measured along an imaginary line drawn through the centre of those waters.
(7)  In this Regulation, longitude and latitude coordinates are in WGS84 datum, unless otherwise provided.
(8)  Notes included in this Regulation do not form part of this Regulation.
cl 3: Am 2021 (482), Sch 1[1].
4   Definitions of fish species
(1)  In this Regulation (unless otherwise defined)—
abalone means fish of the species Haliotis rubra rubra.
carp means all species of carp, including goldfish and any other species of finfish not indigenous to inland waters of New South Wales, such as redfin (Perca fluviatilis).
freshwater shrimp means fish of the group Caridea.
pipi means fish of the species Donax deltoides.
prawn means fish of the family Penaeidae and Macrobrachium spp.
rock lobster means eastern rock lobster (Sagmariasus verreauxi), southern rock lobster (Jasus edwardsii) and tropical rock lobster (Panulirus spp. except Panulirus cygnus).
saltwater nipper means fish of the genus Callianassa and Alpheus spp.
sea urchin means fish of the class Echinoidea.
shellfish means fish of the classes Gastropoda and Bivalvia.
trout means brook trout (Salvelinus fontinalis), brown trout (Salmo trutta) and rainbow trout (Oncorhynchus mykiss).
turban shell means fish of the family Turbinidae.
turban snail means fish of the species Lunella torquata and Turbo militaris.
yabby means fish of the species Cherax.
(2)  A reference in this Regulation to the common name of a species of fish does not limit the scientific description of that species of fish. If there is any inconsistency between the common name and the scientific description of the species, the scientific description of the species prevails.
Note—
The common name of a species of fish is generally the standard name for the fish as specified in the Australian Standard AS 5300—2019, Australian Fish Names Standard published on 24 June 2019.
5   The share management plan for a fishery prevails over this Regulation
This Regulation is subject to section 62 of the Act.
Note—
Section 62 of the Act provides that if a provision of a share management plan is inconsistent with any other regulation under the Act, the share management plan prevails (unless the provision of the regulation is expressed to have effect despite the share management plan).
Part 2 Prohibited size fish, bag limits, protected fish and protected waters
Note—
Part 7A of the Act deals with the conservation of threatened species of fish and includes prohibitions on the taking of certain species of fish.
Division 1 Prohibited size fish
6   Prohibited size fish
(1)  For the purposes of section 15 (1) of the Act, a fish is a prohibited size fish if—
(a)  in the case of a fish of a species specified in Table 1—the measurement or weight of the fish is less than the minimum measurement or weight specified for that species of fish, or
(b)  in the case of a fish of a species specified in Table 2—the measurement of the fish is more than the maximum measurement specified for that species of fish.
(2)  For a species that has both a minimum measurement and a minimum weight, the fish is not a prohibited size fish if either the measurement or the weight exceeds the minimum.
(3)  For the purposes of section 15 (2) of the Act, the method of determining the measurement of any class of fish is as follows—
(a)  except as provided by this subclause—the overall length of the fish is to be measured from the point of the snout to the tip of the tail,
(b)  in the case of abalone—the diameter of the shell is to be measured along its longest axis,
(c)  in the case of balmain bug—the width of the carapace is to be measured at its widest point from spike to spike (whether or not damaged),
(d)  in the case of crab (other than spanner crab)—the length of the crab is to be measured along the body from the notch between the most protruding frontal teeth to the centre of the posterior margin of the carapace,
(e)  in the case of spanner crab—the length of the spanner crab is to be measured along the body from the base of the orbital notch to the centre of the posterior margin of the carapace,
(f)  in the case of Murray crayfish or other spiny crayfish—the length of the carapace of the crayfish is to be measured along the straight line from the posterior margin of the orbit (eye) socket to the centre of the posterior margin of the carapace,
(g)  in the case of rock lobster—the length of the carapace of the rock lobster is to be measured along the straight line from the point of union of the second antennae to the centre of the posterior margin of the carapace (ignoring any hairs attached to the carapace),
(h)  in the case of turban snail—the diameter of the shell is to be measured along its longest axis.
(4)  If a fish is frozen, refrigerated or chilled, the size of the fish is to be determined as so frozen, refrigerated or chilled.
Table 1 Prohibited size fish (minimum measurements)
Common name
Species
Minimum measurement
Marine and estuarine fish
Rock Blackfish
Girella elevata
30 cm
Black Bream, Southern Bream
Acanthopagrus butcheri
25 cm
Yellowfin Bream
Acanthopagrus australis
25 cm
Dusky Flathead, Common Flathead
Platycephalus fuscus
36 cm
Bluespotted Flathead, Sand Flathead
Platycephalus caeruleopunctatus
33 cm
Tiger Flathead
Platycephalus richardsoni
33 cm
Flounder
Bothidae spp. and Pleuronectidae spp.
25 cm
Eastern Blue Groper, Blue Groper, Brown Groper, Red Groper
Achoerodus viridis
30 cm
Luderick
Girella tricuspidata
27 cm
Spanish Mackerel
Scomberomorus commerson
75 cm
Spotted Mackerel
Scomberomorus munroi
60 cm
Mahi Mahi, Dolphinfish
Coryphaena hippurus
60 cm
Jackass Morwong
Nemadactylus macropterus
30 cm
Red Morwong, Sea Carp
Cheilodactylus fuscus
30 cm
Grey Morwong, Rubberlip Morwong
Nemadactylus douglasii
30 cm
Sea Mullet, Bully Mullet
Mugil cephalus
30 cm
Mulloway
Argyrosomus japonicus
45 cm
Pearl Perch
Glaucosoma scapulare
30 cm
School Shark
Galeorhinus galeus
91 cm
Snapper
Chrysophrys auratus
30 cm
Tailor
Pomatomus saltatrix
30 cm
Tarwhine
Rhabdosargus sarba
20 cm
Teraglin
Atractoscion aequidens
38 cm
Silver Trevally
Pseudocaranx georgianus
30 cm
Sand Whiting, Silver Whiting
Sillago ciliata
27 cm
Yellowtail Kingfish
Seriola lalandi
65 cm
Marine and estuarine invertebrates
Blacklip Abalone, Abalone
Haliotis rubra rubra
11.7 cm
Balmain Bug
Ibacus peronii, ibacus chacei
10 cm
Blue Swimmer Crab, Sand Crab
Portunus armatus
6.5 cm in the case of a holder of an endorsement in a share management fishery or the southern fish trawl restricted fishery
6 cm in any other case
Giant Mud Crab, Black Crab, Mangrove Crab
Scylla serrata
8.5 cm
Spanner Crab
Ranina ranina
9.3 cm
Eastern Rock Lobster
Sagmariasus verreauxi
10.4 cm
Southern Rock Lobster (male)
Jasus edwardsii
11 cm
Southern Rock Lobster (female)
Jasus edwardsii
10.5 cm
Rough Turban Shell, Sydney Turban Snail
Lunella torquata
7.5 cm
Military Turban Shell, Military Turban Snail
Turbo militaris
7.5 cm
Freshwater and estuarine fish
Freshwater Catfish, Eel-tailed Catfish
Tandanus tandanus
30 cm
Murray Cod
Maccullochella peelii
55 cm
Longfin Eel
Anguilla reinhardtii
58 cm
Southern Shortfin Eel
Anguilla australis
30 cm
Golden Perch, Yellow Belly Perch
Macquaria ambigua
30 cm
Silver Perch
Bidyanus bidyanus
25 cm
Atlantic Salmon
Salmo salar
25 cm
Brook Trout
Salvelinus fontinalis
25 cm
Brown Trout
Salmo trutta
25 cm
Rainbow Trout
Oncorhynchus mykiss
25 cm
Freshwater and estuarine invertebrates
Spiny Crayfish, Eastern Freshwater Crayfish (other than Murray Crayfish)
Euastacus spp. (other than Euastacus armatus)
9 cm
Murray Crayfish
Euastacus armatus
10 cm
Minimum weight
Longfin Eel
Anguilla reinhardtii
500 grams
Table 2 Prohibited size fish (maximum measurements)
Common name
Species
Maximum measurement
Eastern Rock Lobster
Sagmariasus verreauxi
18 cm
Murray Cod
Maccullochella peelii
75 cm
Murray Crayfish
Euastacus armatus
12 cm
7   Defence—taking of mullet for bait
For the purposes of section 21 (1) (d) of the Act, it is a defence to a prosecution for an offence under section 16 (1) of the Act (relating to possession of prohibited size fish) if the person charged satisfies the court that—
(a)  the prohibited size fish concerned are mullet (Mugil cephalus), and
(b)  the fish do not exceed 15 cm in measurement, and
(c)  the fish have been lawfully taken by a person other than a commercial fisher, and
(d)  the fish are live bait, and
(e)  the person charged with the offence is in possession of no more than 20 of the prohibited size fish.
Division 2 Bag limits
8   Bag limits—taking of fish
For the purposes of section 17 (1) of the Act, Part 1 of Schedule 1 specifies the daily limit that applies to a particular species of fish and Part 2 of Schedule 1 specifies the daily limit that applies to a particular species of fish when taken from particular waters.
9   Bag limits—possession of fish
(1)  For the purposes of section 17B (1) (a) of the Act, Part 1 of Schedule 1 specifies the possession limit that applies to a particular species of fish when the person in possession of that species of fish is in or on or adjacent to any waters or is transporting or storing the fish.
(2)  For the purposes of section 17B (1) (a) of the Act, Part 2 of Schedule 1 specifies the possession limit that applies to a particular species of fish when the person in possession of that species of fish is in or on or adjacent to particular waters or is transporting or storing the fish otherwise than while in or on or adjacent to waters.
(3)  If different possession limits are specified for a species of fish in relation to different waters, the possession limit that applies when a person in possession of that species of fish is transporting or storing the fish otherwise than while in or on or adjacent to waters is the lower or lowest of the possession limits specified for that species of fish.
(4)  It is a defence to a prosecution for an offence against section 18 (2) of the Act that is constituted by transporting or storing fish, otherwise than while in or on or adjacent to waters, in a quantity that exceeds the possession limit of the fish, if the person charged satisfies the court that—
(a)  the fish were taken from the waters specified in Part 2 of Schedule 1 for the particular species, and
(b)  the quantity of fish in the person’s possession did not exceed the possession limit for the fish that would have applied if the person had been in or on or adjacent to the particular waters from which they were taken.
10   General bag limit
(1)  For any species of marine or estuarine fish (including marine or estuarine invertebrates and tunicates) not specified in Schedule 1—
(a)  the daily limit of fish of that species is 20, and
(b)  the possession limit of fish of that species (when the person in possession is in or on or adjacent to any waters or is transporting or storing the fish) is 20.
(2)  For any species of native freshwater fish (other than invertebrates) not included in Schedule 1—
(a)  the daily limit of fish of that species is 10, and
(b)  the possession limit of fish of that species is 10, when the person in possession is in or on or adjacent to any waters or is transporting or storing the fish.
11   Application of bag limits to commercial fishers
(1)  A daily limit specified in Schedule 1 or this Division does not apply in respect of fish taken by a commercial fisher for sale.
(2)  A possession limit specified in Schedule 1 or this Division does not apply in respect of fish in the possession of a commercial fisher for sale.
(3)  However, those daily limits and possession limits do apply in respect of fish taken by, or in the possession of, a commercial fisher otherwise than for sale.
(4)  Despite subclauses (1)–(3), the daily bag limits and possession limits specified in Schedule 1 or this Division do apply in respect of fish taken by, or in the possession of, a commercial fisher (whether or not the fish are taken or in possession for sale) if the fish were taken in Lord Howe Island waters by use of a boat and at the time that the fish were taken—
(a)  the boat was being used as a charter fishing boat, or
(b)  there were four or more persons on the boat (including any commercial fisher).
(5)  Subclause (4) is subject to the exemption for fish taken for use as bait in charter fishing operations set out in clause 12.
12   Application of bag limits to charter fishing boat operations
(1)  A daily limit or possession limit specified in Schedule 1 or this Division does not apply in relation to any charter fishing exempt fish that is in the possession of the master of a boat that is a licensed charter fishing boat, or an exempt charter fishing boat, if the fish were taken while on board the boat for use as bait in guided recreational charter fishing, and the fish are not taken or in possession for sale.
(2)  In this clause—
charter fishing exempt fish means any of the following species of fish—
(a)  Engraulis australis (Australian anchovy),
(b)  family Hemiramphidae (garfish) other than Hyporhamphus australis (eastern sea garfish),
(c)  family Atherinidae (hardyhead, silverfish),
(d)  Herklotsichthys castelnaui (southern herring),
(e)  Scomber australasicus (blue mackerel, slimy mackerel),
(f)  Etrumeus teres (maray, round herring),
(g)  Sardinops sagax (Australian sardine, pilchard),
(h)  Spratelloides robustus (blue sprat, bluebait),
(i)  Hyperlophus vittatus (sandy sprat, whitebait),
(j)  Trachurus spp. (yellowtail, jack mackerel).
exempt charter fishing boat means a charter fishing boat used for guided recreational charter fishing principally in Lord Howe Island waters in respect of which a licence under Part 4A of the Act is not required.
guided recreational charter fishing means guided recreational charter fishing within the meaning of Part 12.
licensed charter fishing boat means a charter fishing boat licensed under Part 4A of the Act.
cl 12: Am 2019 No 14, Sch 2.9[1].
13   Possession limits do not apply to fish lawfully taken for sale
(1)  It is lawful for a commercial fisher to be in possession of fish in excess of a possession limit specified in Schedule 1 or this Division if the commercial fisher lawfully took the fish for sale.
(2)  It is lawful for a person to be in possession of fish in excess of a possession limit specified in Schedule 1 or this Division if the person purchased or otherwise acquired the fish from another person whose possession of the fish was lawful (whether as a result of subclause (1) or as a result of 1 or more applications of this subclause).
(3)  It is a defence to a prosecution for an offence against section 18 of the Act constituted by being in possession of fish in excess of a possession limit specified in Schedule 1 or this Division if the person charged satisfies the court that—
(a)  the person charged purchased or otherwise acquired the fish from another person, and
(b)  the other person’s possession of the fish was lawful or that there were no reasonable grounds to suspect that the other person’s possession of the fish was unlawful.
Division 3 Protected fish
14   Protected fish
(1)  For the purposes of section 19 (1) of the Act, the species of fish specified in Table 1 are protected fish.
(2)  For the purposes of section 19 (4) of the Act, the possession of the protected fish specified in Table 2 is prohibited absolutely.
Table 1 Protected fish
Common name
Species
Marine and estuarine species
Ballina Angelfish
Chaetodontoplus ballinae
Blue Drummer, Bluefish
Girella cyanea
Eastern Blue Devil, Bleekers Devil Fish
Paraplesiops bleekeri
Elegant Wrasse
Anampses elegans
Goldspotted Rockcod, Estuary Cod
Epinephelus coioides
Ghostpipefish
Family Solenostomidae
Queensland Groper, Giant Queensland Groper
Epinephelus lanceolatus
Sandtiger Shark, Herbsts Nurse Shark
Odontaspis ferox
Pipefish, Pipehorse, Seadragon, Seahorse
Family Syngnathidae
Seamoth
Family Pegasidae
Freshwater species
Isopod
Crenoicus harrisoni
Table 2 Protected fish—possession prohibited absolutely
Common name
Species
Marine and estuarine species
Ballina Angelfish
Chaetodontoplus ballinae
Blue Drummer, Bluefish
Girella cyanea
Eastern Blue Devil, Bleekers Devil Fish
Paraplesiops bleekeri
Elegant Wrasse
Anampses elegans
Ghostpipefish
Family Solenostomidae
Sandtiger Shark, Herbsts Nurse Shark
Odontaspis ferox
Pipefish, Pipehorse, Seadragon, Seahorse
Family Syngnathidae
Seamoth
Family Pegasidae
Freshwater species
Isopod
Crenoicus harrisoni
cl 14: Am 2021 (482), Sch 1[2].
15   Fish protected from commercial fishing
(1)  For the purposes of section 20 (1) of the Act, the species of fish specified in Table 1 are protected absolutely from all commercial fishing.
(2)  For the purposes of section 20 (4) of the Act, the sale of any species of fish specified in Table 2 is prohibited absolutely.
Table 1 Fish protected absolutely from all commercial fishing
Common name
Species
Marine and estuarine species
Eastern Blue Groper, Blue Groper, Brown Groper, Red Groper
Achoerodus viridis
Black Marlin
Makaira indica
Blue Marlin
Makaira nigricans
Striped Marlin
Tetrapturus audax
Freshwater species
Atlantic Salmon
Salmo salar
Australian Bass
Macquaria novemaculeata
Freshwater Catfish, Eel-tailed Catfish
Tandanus tandanus
Estuary Perch
Macquaria colonorum
Freshwater Crayfish
Genera Euastacus and Cherax except common yabby Cherax destructor
Golden Perch, Yellow Belly Perch
Macquaria ambigua
Murray Cod
Maccullochella peelii
Brook Trout
Salvelinus fontinalis
Brown Trout
Salmo trutta
Rainbow Trout
Oncorhynchus mykiss
Table 2 Fish protected absolutely from sale
Common name
Species
Marine and estuarine species
Black Marlin
Makaira indica
Blue Marlin
Makaira nigricans
Striped Marlin
Tetrapturus audax
Freshwater species
Atlantic Salmon
Salmo salar
Australian Bass
Macquaria novemaculeata
Freshwater Catfish, Eel-tailed Catfish
Tandanus tandanus
Estuary Perch
Macquaria colonorum
Freshwater Crayfish
Genera Euastacus and Cherax except common yabby Cherax destructor
Brook Trout
Salvelinus fontinalis
Brown Trout
Salmo trutta
Rainbow Trout
Oncorhynchus mykiss
16   Defence—blue drummer taken from Lord Howe Island waters
(1)  For the purposes of section 21 (1) (d) of the Act, it is a defence to a prosecution for an offence under section 19 (2) or (3) of the Act (relating to the taking or possession of blue drummer) if the person charged satisfies the court that—
(a)  the blue drummer were taken from Lord Howe Island waters, and
(b)  the person’s possession of the fish would, but for the fish being protected fish, be lawful.
(2)  In this clause, blue drummer means fish of the species Girella cyanea, commonly known as blue drummer or bluefish.
17   Defence—aquarium fish
For the purposes of section 21 (1) (d) of the Act, it is a defence to a prosecution for an offence under section 19 (3) of the Act (relating to the possession of protected fish) if the person charged satisfies the court that—
(a)  the fish are of the family Pegasidae, Solenostomidae or Syngnathidae, commonly known as seamoths, ghostpipefish, pipefish, pipehorses, seadragons and seahorses, and
(b)  the fish are being kept in an aquarium for exhibition or are in the person’s possession for the purposes of sale in the aquarium industry, and
(c)  the fish were lawfully cultivated in or lawfully taken from waters to which this Act does not apply.
Division 4 Fish and waters protected from commercial and recreational fishing
18   Fish and waters protected from commercial fishing
(1)  For the purposes of section 20 (2) of the Act, Schedule 2 specifies the particular waters in which all commercial fishing, or a particular class of commercial fishing, is prohibited.
(2)  For the purposes of section 20 (2) of the Act, commercial fishing other than the following commercial fishing activities is prohibited in all ocean and estuarine waters—
(a)  a fishing activity referred to in Schedule 1 to the Act,
(b)  the taking of sea urchin or turban shell,
(c)  the use of an otter trawl net (fish) or danish seine trawl net (fish) to take fish (other than prawns) from ocean waters that are not more than 3 nautical miles from the natural coast line and are south of a line drawn due east from Barrenjoey Headland,
(d)  the taking of fish from Lord Howe Island waters.
(3)  For the purposes of section 20 (2) of the Act, any commercial fishing activity other than the taking of yabbies or carp is prohibited in all inland waters.
19   Fish and waters protected from recreational fishing
(1)  For the purposes of section 20A (2) of the Act, Schedule 3 specifies the particular waters in which the taking of a particular species of fish by a particular method is prohibited and the period during which it is prohibited.
(2)  This clause does not apply in respect of a commercial fisher taking fish for sale as authorised under the Act.
Division 5 Miscellaneous
20   Part does not authorise action contrary to prohibitions or other controls
(1)  Nothing in this Part affects any prohibition or conditions imposed by or under the Act or the Marine Estate Management Act 2014 with respect to the taking of fish.
(2)  In particular, a provision of this Part that specifies a minimum measurement, daily limit or possession limit in respect of any species of fish is not to be construed as authorising any of the following—
(a)  the taking of fish in waters that are closed to fishing by virtue of a notification in force under section 8 of the Act,
(b)  the taking for sale of any fish that are protected from commercial fishing under section 20 (1) of the Act,
(c)  the taking for sale of fish from any area protected from commercial fishing,
(d)  the taking of fish protected from recreational fishing,
(e)  the taking of fish from any area protected from recreational fishing,
(f)  the taking of fish in contravention of any provision of, or any instrument or notification under, the Marine Estate Management Act 2014.
Part 3 Fishing gear
Note—
Under section 24 of the Act it is an offence for a person to use a net or trap for taking 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. Section 25 of the Act also makes it an offence for a person to be in possession of any fishing gear in, on or adjacent to any waters if the use by that person of that fishing gear for taking fish from those waters is, at that time, prohibited by or under the Act.
Division 1 Preliminary
21   Fishing gear cannot be used in contravention of other restrictions
(1)  A provision of this Part that declares the use of a net or other fishing gear to be lawful, or to be lawful in specified circumstances, does not affect any prohibition or conditions imposed by or under the Act or the Marine Estate Management Act 2014 with respect to the taking of fish.
(2)  In particular, nothing in this Part is to be construed as authorising the use, in any circumstances, of a net or other fishing gear for any of the following—
(a)  the taking of fish in waters that are closed to fishing by virtue of a notification in force under section 8 of the Act,
(b)  the taking of fish that are prohibited size fish or protected fish,
(c)  the taking for sale of fish protected from commercial fishing under section 20 (1) of the Act,
(d)  the taking for sale of fish from any area protected from commercial fishing,
(e)  the taking of fish protected from recreational fishing,
(f)  the taking of fish from any area protected from recreational fishing,
(g)  the taking of fish in contravention of any provision of, or any instrument or notification under, the Marine Estate Management Act 2014,
(h)  the taking of fish in contravention of a condition of a commercial fishing licence or an endorsement on a commercial fishing licence.
22   Lawful use of fishing gear
(1)  For the purposes of this Part, a person who holds a commercial fishing licence that does not authorise the person to take fish for sale in a restricted fishery or a share management fishery is to be treated, in respect of that fishery, as a person who is not a commercial fisher.
(2)  Accordingly, despite the other provisions of this Part, it is unlawful for such a person to use a net or other fishing gear for taking any fish in that restricted fishery or share management fishery if the use of that net or gear for taking those fish would, if the person were not a commercial fisher, be unlawful.
23   Use of certain fishing gear prohibited in vicinity of Fish Rock
(1)  A person must not take, by means of a spear, spear gun or similar device, any fish from Fish Rock waters other than fish of the following species—
(a)  family Carangidae (trevally, kingfish, rainbow runner),
(b)  family Scombridae (mackerel, wahoo),
(c)  family Istiophoridae (marlin, sailfish),
(d)  Rachycentron canadum (cobia),
(e)  Pomatomus saltatrix (tailor),
(f)  Coryphaena hippurus (mahi mahi, dolphinfish),
(g)  Arripis trutta (eastern Australian salmon).
Maximum penalty—100 penalty units.
(2)  In this clause, Fish Rock waters means all waters within 200 metres of the mean high water mark of Fish Rock at 30°56.325′S, 153°06.052′E.
cl 23: Am 2019 No 14, Sch 2.9[2].
24   Beach safety meshing nets
(1)  It is lawful for an officer of the Department or a person acting on behalf of the Secretary to use a beach safety meshing net if the net is used for the purposes of shark meshing activities and complies with the following conditions—
(a)  the net is used only as a sunk net and no part of the net (excluding buoys) is on the surface of the water,
(b)  the floatline and leadline consist of synthetic rope of 150 metres in length and at least 8 mm in diameter and have a breaking strain of at least 900 kg,
(c)  approved net floats are attached to the floatline at intervals of not more than 5 metres,
(d)  the netting twine is continuous synthetic filament with a breaking strain of at least 60 kg,
(e)  the mesh size is 60 cm and the number of meshes is not less than 12 meshes deep so that the net is approximately 6 metres high when set,
(f)  both ends of the net are marked on the surface of the water by a buoy that—
(i)  is moored so as to be positioned above the end of the net, and
(ii)  measures at least 200 mm in all dimensions, and
(iii)  displays “SHARK NET” in clearly visible letters.
(2)  To measure the mesh size, the net is to be soaked in water for a period of not less than 5 minutes, then stretched out and the distance between the inside edges of the knots measured using a steel rule that is certified in accordance with the National Measurement Act 1960 of the Commonwealth or in a manner approved by the Secretary.
(3)  In this clause, approved net float means a float that is at least 10 cm in diameter and at least 5 cm in thickness or a float of equivalent buoyancy approved by the Secretary.
Division 2 Lawful commercial nets
25   Nets used in share management fisheries
(1)  A net specified in the Table to this clause may lawfully be used to take fish in the waters of the share management fishery specified for the net.
(2)  The description of the net, and its use, in relation to the waters of a share management fishery, must comply with the requirements prescribed by the share management plan for the fishery concerned (including any requirements of the Supporting Plan that apply to the fishery).
Table
Net
Share management fishery
Bait net
Estuary general
Danish seine trawl net (fish)
Ocean trawl
Dip or scoop net (prawns)
Estuary general
Flathead net
Estuary general
Garfish net (bullringing)
Estuary general
Garfish net (hauling)
Estuary general
 
Ocean hauling
Hand-hauled prawn net
Estuary general
Hauling net (general purpose)
Estuary general
 
Ocean hauling
Landing net
Estuary general
 
Estuary prawn trawl
 
Ocean hauling
 
Ocean trap and line
 
Ocean trawl
 
Lobster
Meshing net
Estuary general
Otter trawl net (fish)
Ocean trawl
Otter trawl net (prawns)
Ocean trawl
 
Estuary prawn trawl
Pilchard, anchovy and bait net (hauling)
Estuary general
 
Ocean hauling
Prawn net (hauling)
Estuary general
Prawn net (set pocket)
Estuary general
Prawn running net
Estuary general
Purse seine net
Ocean hauling
Push or scissors net
Estuary general
Seine net (prawns)
Estuary general
Spanner crab net
Ocean trap and line
Trumpeter whiting net (hauling)
Estuary general
Note—
Some of these nets may also be used in restricted fisheries and by recreational fishers. Different requirements (including different net specifications) apply when the nets are used in different fisheries and by recreational fishers.
26   Otter trawl net (fish)—southern fish trawl restricted fishery
(1)  It is lawful for the holder of a southern fish trawl endorsement in the southern fish trawl restricted fishery to use an otter trawl net for taking fish (other than prawns, abalone and rock lobster) in the waters specified in the Table to this clause if the net complies with the description as set out in that Table and the following conditions are complied with—
(a)  the net is used only by the method of bottom trawling,
(b)  no rope, string, wire, cord, netting or other material is fixed to the codend of the net, or to any meshes within 25 meshes of the codend, except as permitted by subclause (2),
(c)  the mesh of the net is constructed of single twine mesh with a diameter of not more than 6 mm, except as permitted by subclause (3),
(d)  any rubber discs or rollers (also known as bobbin gear) that are fitted to the net do not exceed 100 mm in diameter,
(e)  the mesh of the codend of the net (or the part of the net capable of being used as a codend) does not exceed 100 meshes in circumference (except as permitted by subclause (3)) and, in any case, does not exceed the number of meshes in circumference of that part of the net immediately forward of the codend (or part of the net capable of being used as a codend),
(f)  the net is fitted with a bycatch reduction device of a kind approved by the Secretary and that device is fitted in accordance with any specifications issued by the Secretary and published in the Gazette.
(2)  An otter trawl net may have attached to it any of the following—
(a)  a frill of netting material (skirt), if it is attached to the net not more than 5 meshes from the last row of meshes of the codend,
(b)  a draw or closing string that may be inserted either directly into the end of the codend or by means of a secondary string,
(c)  a single length of rope, for the purpose of splitting the catch and lifting the codend, but only if the rope is not fitted in any manner so as to reduce the lateral openings of the meshes or the mesh size of the meshes to less than required by this clause.
(3)  The mesh of the codend of the net (or the part of the net capable of being used as a codend) may be more than 100 meshes but not more than 200 meshes in circumference, and may be constructed of double twine mesh with a maximum twine diameter of 5 mm, while the net is being used in waters designated as ‘trawl whiting grounds’ as approved by the Secretary and published in the Gazette.
(4)  For the purposes of this Regulation or any other instrument under the Act, a net described in this clause may be referred to as an otter trawl net (fish) or an otter trawl net (fish)—southern fish trawl restricted fishery.
(5)  In this clause, codend of a net means the piece of netting that forms the posterior most part of the net where the catch accumulates.
Table
Waters—Ocean waters that are not more than 3 nautical miles from the natural coast line and are south of a line drawn due east of Barrenjoey Head.
Description of net—Mesh not less than 90 mm throughout; sweeps (including bridles) not exceeding 274 metres (150 fathom) between the point of attachment to the otter board and the first hanging of the net; no more than 1 line of ground chain with links of not more than 16 mm in diameter; total length of net (length of head line between end net hangings) not exceeding 60 metres.
27   Danish seine trawl net (fish)—southern fish trawl restricted fishery
(1)  It is lawful for the holder of a southern fish trawl endorsement in the southern fish trawl restricted fishery to use a danish seine trawl net for taking fish (other than prawns, abalone and rock lobster) 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 net is used only by the method of danish seining.
(2)  For the purposes of this Regulation or any other instrument under the Act, a net described in this clause may be referred to as a danish seine trawl net (fish) or a danish seine trawl net (fish)—southern fish trawl restricted fishery.
Table
Waters—Ocean waters that are not more than 3 nautical miles from the natural coast line and are south of a line drawn due east of Barrenjoey Head.
Description of net—Mesh not less than 83 mm throughout.
Division 3 Lawful recreational nets
28   Application of Division
Subject to anything to the contrary in this Division, the nets described in this Division may be lawfully used by any person (whether or not a commercial fisher).
29   Spanner crab net
(1)  It is lawful for a person to use a net for taking spanner crabs in the waters specified in the Table to this clause if the net complies with the description as set out in that Table and the following conditions are complied with—
(a)  the net is used only as a hand implement and only by the method of lowering the net into the water and then drawing the net vertically to the surface,
(b)  a person does not use more than 1 spanner crab net at any one time,
(c)  the net is not used unless its position is indicated by a buoy that—
(i)  is moored so as to be positioned above the net, and
(ii)  measures not less than 100 mm in all dimensions, and
(iii)  has a height above the water of not less than 50 mm, and
(iv)  has a weight of not less than 50 grams suspended not less than 1 metre under the buoy so that no rope is floating on the surface of the water, and
(v)  displays the letters “SN” and the initial of the first name, surname, year of birth and residential postcode of the person using the net, in clearly visible letters that are not less than 15 mm in height and are of a colour that contrasts with that of the buoy.
(2)  This clause does not apply to or in respect of the holder of an endorsement in the ocean trap and line fishery when taking fish for sale in that fishery.
Note—
See the Fisheries Management (Ocean Trap and Line Share Management Plan) Regulation 2006 in relation to the use of spanner crab nets in the ocean trap and line fishery.
(3)  For the purposes of this Regulation or any other instrument under the Act, a net described in this clause may be referred to as a spanner crab net.
Table
Waters—Ocean waters north of Korogoro Point (Hat Head).
Description of net: netting attached to a rigid rectangular frame not exceeding 1.6 metres in length and 1 metre in width; netting not capable of extending more than 0.1 metre beneath the frame when the frame is suspended in a horizontal position; no more than 2 layers of netting.
30   Hoop or lift net
(1)  It is lawful for a person to use a hoop or lift net for taking fish (other than rock lobster or restricted species of fish) in the waters specified in the Table to this clause if the net complies with the description as set out in that Table and the following conditions are complied with—
(a)  the net is used only as a hand implement and only by the method of lowering the net into the water and then drawing the net vertically to the surface,
(b)  a person uses no more than—
(i)  4 nets at any one time when fishing in estuarine waters only, and
(ii)  5 nets at any one time when fishing in inland waters only (including any open pyramid lift nets),
(c)  the net is not used unless its position is indicated by a buoy that—
(i)  is moored so as to be positioned above the net, and
(ii)  measures not less than 100 mm in all dimensions, and
(iii)  has a height above the water of not less than 50 mm, and
(iv)  is moored so that no rope is floating on the surface of the water, and
(v)  in the case of a net used by a person other than a commercial fisher—displays the letters “HN”, and the initial of the first name, surname, year of birth and residential postcode of the person using the net, in clearly visible letters that are not less than 15 mm in height and are of a colour that contrasts with that of the buoy, and
(vi)  in the case of a net used by a commercial fisher in inland waters—displays the letters “HN”, the name of the commercial fisher using the net and the registration number of the fisher’s commercial fishing licence, in clearly visible letters that are not less than 15 mm in height and are of a colour that contrasts with that of the buoy,
(d)  in the case of the use of a hoop or lift net in inland waters by a person other than a commercial fisher—the net is not left set for more than 24 hours.
(2)  For the purposes of this Regulation or any other instrument under the Act, a net described in this clause may be referred to as a hoop or lift net.
(3)  For the purposes of this clause, restricted species of fish does not include the following—
(a)  Portunus armatus (blue swimmer crab or sand crab),
(b)  Scylla serrata (giant mud crab, black crab or mangrove crab),
(c)  Euastacus spp. (spiny crayfish, eastern freshwater crayfish or Murray crayfish).
Table
Waters—Any waters (other than ocean waters).
Description of net—Net attached to not more than 2 hoops, rings or frames not exceeding 1.25 metres in their greatest diameter (or at their greatest diagonal); hoops, rings or frames not attached to each other by means of any rigid frame; total length from the centre of the plane of the hoop, ring or frame to the extremity of the net, or between the 2 hoops, rings or frames, not exceeding 1 metre; mesh not less than 13 mm.
31   Open pyramid lift net
(1)  It is lawful for a person to use an open pyramid lift net for taking yabbies or spiny crayfish in the waters set out in the Table to this clause if the net complies with the description as set out in that Table and the following conditions are complied with—
(a)  the net is used only as a hand implement and only by the method of lowering the net into the water and then drawing the net vertically to the surface,
(b)  a person uses no more than 5 nets at any one time (including any hoop or lift nets),
(c)  the net is not used unless its position is indicated by a buoy that—
(i)  is moored so as to be positioned above the net, and
(ii)  measures not less than 100 mm in all dimensions, and
(iii)  has a height above the water of not less than 50 mm, and
(iv)  is moored so that no rope is floating on the surface of the water, and
(v)  in the case of a net used by a person other than a commercial fisher—displays the letters “PN”, and the initial of the first name, surname, year of birth and residential postcode of the person using the net, in clearly visible letters that are not less than 15 mm in height and are of a colour that contrasts with that of the buoy, and
(vi)  in the case of a net used by a commercial fisher—displays the letters “PN”, the name of the commercial fisher using the net and the registration number of the fisher’s commercial fishing licence, in clearly visible letters that are not less than 15 mm in height and are of a colour that contrasts with that of the buoy,
(d)  in the case of a net used by a person other than a commercial fisher—the net is not left set for more than 24 hours.
(2)  It is also lawful to use an open pyramid lift net to take freshwater shrimp that are taken by the open pyramid lift net when it is being lawfully used for taking yabbies or spiny crayfish.
(3)  For the purposes of this Regulation or any other instrument under the Act, a net described in this clause may be referred to as an open pyramid lift net.
(4)  In this clause, spiny crayfish means fish of the species Euastacus, commonly known as spiny crayfish, eastern freshwater crayfish or Murray crayfish.
Table
Waters—Inland waters.
Description of net—consisting of a base not exceeding 600 mm by 600 mm; a horizontal opening at the top of the netting that is parallel to the base and not less than 200 mm in all dimensions; mesh height of not more than 150 mm; mesh not less than 13 mm nor more than 40 mm.
32   Hand-hauled prawn net
(1)  It is lawful for a person to use a hand-hauled net for taking prawns in the waters specified in the Table to this clause if the net complies with the description as set out in that Table and the following conditions are complied with—
(a)  the net is not staked or set, or joined or placed together with any other net,
(b)  the net is continuously and manually propelled and not used as a stationary net,
(c)  the net may be attached to up to 2 hauling lines that are not more than 2 metres in length each.
(2)  It is also lawful for a person to use a hand-hauled net to take other fish (other than restricted species of fish) that are taken by the net when it is being lawfully used for taking prawns.
(3)  This clause does not apply to or in respect of the holder of an endorsement in the estuary general fishery when taking fish for sale in that fishery.
Note—
See the Fisheries Management (Estuary General Share Management Plan) Regulation 2006 in relation to the use of hand-hauled prawn nets in the estuary general fishery.
(4)  For the purposes of this Regulation or any other instrument under the Act, a net described in this clause may be referred to as a hand-hauled prawn net.
Table
Waters—Any waters (other than inland waters).
Description of net—Total length not exceeding 6 metres; mesh throughout not less than 30 mm nor more than 36 mm.
33   Push or scissors net (prawns)
(1)  It is lawful for a person to use a push or scissors net for taking prawns in the waters specified in the Table to this clause if the net complies with the description as set out in that Table and the following conditions are complied with—
(a)  the net is used only as a hand implement and is not staked or set, or joined or placed together with any other net,
(b)  the net is continuously propelled and not used as a stationary net,
(c)  the net is operated only by 1 person without assistance from any other person,
(d)  a person uses only 1 net at any one time.
(2)  It is also lawful to use a push or scissors net to take other fish (other than restricted species of fish) that are taken by the net when it is being lawfully used for taking prawns.
(3)  This clause does not apply to or in respect of the holder of an endorsement in the estuary general fishery when taking fish for sale in that fishery.
Note—
See the Fisheries Management (Estuary General Share Management Plan) Regulation 2006 in relation to the use of push or scissors nets (prawns) in the estuary general fishery.
(4)  For the purposes of this Regulation or any other instrument under the Act, a net described in this clause may be referred to as a push or scissors net (prawns).
Table
Waters—Any waters (other than inland waters).
Description of net—Net attached to a scissors-type frame; length of lead or bottom line between the lower extremities of the poles not exceeding 2.75 metres; mesh not less than 30 mm nor more than 36 mm.
34   Dip or scoop net (prawns)
(1)  It is lawful for a person to use a dip or scoop net for taking prawns or any other fish in the waters specified in the Table to this clause if the net complies with the description as set out in that Table and the following conditions are complied with—
(a)  the net is used as a hand implement only and not staked or set, or joined or placed together with any other net,
(b)  a person uses only 1 net at any one time.
(2)  This clause does not apply to or in respect of the holder of an endorsement in the estuary general fishery when taking fish for sale in that fishery.
Note—
See the Fisheries Management (Estuary General Share Management Plan) Regulation 2006 in relation to the use of dip or scoop nets (prawns) in the estuary general fishery.
(3)  For the purposes of this Regulation or any other instrument under the Act, a net described in this clause may be referred to as a dip or scoop net (prawns).
Table
Waters—Any waters (other than inland waters).
Description of net—Net attached to a frame, hoop or ring not exceeding 0.6 metre in its greatest diameter, with a total length from the centre of the plane of the frame, hoop or ring to the extremity of the net not exceeding 1.25 metres; mesh not less than 20 mm.
35   Hand-hauled yabby net
(1)  It is lawful for a person to use a hand-hauled net for taking yabbies in the waters specified in the Table to this clause if the net complies with the description as set out in that Table and the following conditions are complied with—
(a)  the net is used as a hand implement only and not staked or set, or joined or placed together with any other net,
(b)  the net is continuously and manually propelled and not used as a stationary net,
(c)  the net is operated by 1 person only (with the assistance of no more than 1 other person).
(2)  For the purposes of this Regulation or any other instrument under the Act, a net described in this clause may be referred to as a hand-hauled yabby net.
Table
Waters—Inland waters, being ground tanks, bore drains or lagoons.
Description of net—Not exceeding 6 metres; mesh throughout not more than 40 mm; used with or without hauling lines or poles.
36   Landing net
(1)  It is lawful for a person to use a landing net for taking fish (other than prawns) in the waters set out in the Table to this clause if the net complies with the description as set out in that Table and the following conditions are complied with—
(a)  in the case of a net used by the holder of an endorsement in the southern fish trawl restricted fishery—the net is used only as an ancillary aid to another fishing method that it is lawful for the endorsement holder to use to take fish for sale in the waters concerned,
(b)  in any other case—the net is used only as an ancillary aid to a rod and line or handline.
(2)  This clause does not apply to or in respect of the holder of an endorsement in a share management fishery when taking fish for sale in that fishery.
Note—
See the Supporting Plan in relation to the use of landing nets in share management fisheries.
(3)  For the purposes of this Regulation or any other instrument under the Act, a net described in this clause may be referred to as a landing net.
Table
Waters—Any waters.
Description of net—Consisting of a hoop or ring that is attached to netting or other soft material.
Division 4 Lawful traps
37   Traps used in share management fisheries
(1)  A trap specified in the Table to this clause may lawfully be used to take fish in the waters of the share management fishery specified for the trap.
(2)  The description of the trap, and its use, in relation to the waters of a share management fishery, must comply with the requirements prescribed by the share management plan for the fishery concerned (including any requirements of the Supporting Plan that apply to the fishery).
Table
Trap
Share management fishery
Commercial crab trap
Estuary general
Commercial lobster trap
Lobster
Eel trap
Estuary general
Fish trap
Estuary general
 
Ocean trap and line
38   Recreational lobster trap
(1)  It is lawful for a person to use a trap for taking rock lobster in the waters specified in the Table to this clause if the trap complies with the description as set out in that Table and the following conditions are complied with—
(a)  the trap is not used unless its position is indicated by a buoy that—
(i)  is moored so as to be positioned above the trap, and
(ii)  measures not less than 100 mm in all dimensions, and
(iii)  has a height above the water of not less than 50 mm, and
(iv)  has a weight of not less than 50 grams suspended not less than 1 metre under the buoy so that no rope is floating on the surface of the water, and
(v)  displays the letters “LT” and the initial of the first name, surname, year of birth and residential postcode of the person using the trap, in clearly visible letters that are not less than 15 mm in height and are of a colour that contrasts with that of the buoy,
(b)  a person does not use more than 1 trap at any one time.
(2)  This clause does not apply to or in respect of a commercial fisher who is taking rock lobster for sale.
Note—
See the Fisheries Management (Lobster Share Management Plan) Regulation 2000 in relation to the use of lobster traps in the lobster fishery.
(3)  For the purposes of this Regulation or any other instrument under the Act, a trap referred to in this clause may be referred to as a recreational lobster trap.
Table
Waters—Any waters (other than inland waters and any waters more than 10 metres deep (contour)).
Description of trap—Consisting of a rectangular base or floor not exceeding 1.2 metres by 1.2 metres (or a circular base not exceeding 1.2 metres in diameter); has 1, 2 or 3 rectangular unobstructed escape gaps (constructed of rigid material) fitted in the trap with at least 1 escape gap being not less than 57 mm by 500 mm, 2 escape gaps each being not less than 57 mm by 250 mm or 3 escape gaps each being not less than 57 mm by 200 mm and so that no part of any escape gap is more than 12 cm above the floor of the trap.
39   Recreational crab trap
(1)  It is lawful for a person to use a trap for taking crabs in the waters specified in the Table to this clause if the trap complies with the description as set out in that Table and the following conditions are complied with—
(a)  the trap is not used unless its position is indicated by a buoy that—
(i)  is moored so as to be positioned above the trap, and
(ii)  measures not less than 100 mm in all dimensions, and
(iii)  has a height above the water of not less than 50 mm, and
(iv)  has a weight of not less than 50 grams suspended not less than 1 metre under the buoy so that no rope is floating on the surface of the water, and
(v)  displays the letters “CT” and the initial of the first name, surname, year of birth and residential postcode of the person using the trap, in clearly visible letters that are not less than 15 mm in height and are of a colour that contrasts with that of the buoy,
(b)  the trap is not used in such a manner as to impede the free passage of fish on either or any side of the trap or in such a manner that any 2 traps are closer than 3 metres apart,
(c)  a person does not use more than 2 traps at any one time,
(d)  the trap is not made of entanglement material.
(2)  This clause does not apply to or in respect of an endorsement holder in the estuary general fishery when taking fish for sale in that fishery.
Note—
See the Fisheries Management (Estuary General Share Management Plan) Regulation 2006 in relation to the use of crab traps in the estuary general fishery.
(3)  For the purposes of this Regulation or any other instrument under the Act, a trap referred to in this clause may be referred to as a recreational crab trap.
Table
Waters—Any waters (other than inland and ocean waters).
Description of trap—Not exceeding 1.2 metres in length, 1 metre in width and 0.5 metre in depth (or has a diameter not exceeding 1.6 metres at the top or bottom); consisting of mesh not less than 50 mm; having not more than 4 entrance funnels none of which are on the top of the trap (excluding any access doors for removing crabs from the trap or baiting the trap).
40   Bait trap
(1)  It is lawful for a person to use a trap for the taking of bait in the waters specified in the Table to this clause if the trap complies with the description as set out in that Table and the following conditions are complied with—
(a)  the trap is not used unless it is identified by a tag that—
(i)  is securely attached to a part of the trap that is at or above water level, and
(ii)  has dimensions of at least 80 mm by 45 mm, and
(iii)  displays the letters “BT” and the initial of the first name, surname, year of birth and residential postcode of the person using the trap, in clearly visible letters that are not less than 15 mm in height and are of a colour that contrasts with that of the tag,
(b)  a person (other than a commercial fisher) does not use more than 1 trap at any one time.
(2)  For the purposes of this Regulation or any other instrument under the Act, a trap referred to in this clause may be referred to as a bait trap.
Table
Waters—Any waters (other than inland waters).
Description of trap—Not exceeding 450 mm in length and 350 mm in diameter with any entrance funnel not exceeding 60 mm in diameter.
41   Yabby trap
(1)  It is lawful for a person to use a trap for taking yabbies in the waters specified in the Table to this clause if the trap complies with the description as set out in that Table and the following conditions are complied with—
(a)  the trap is not used unless its position is indicated by a buoy or tag,
(b)  if the trap’s position is indicated by a buoy, the buoy must—
(i)  be moored so as to be positioned above the trap, and
(ii)  measure not less than 100 mm in all dimensions, and
(iii)  have a height above the water of not less than 50 mm, and
(iv)  be moored so that no rope is floating on the surface of the water,
(c)  if the trap’s position is indicated by a tag, the tag must—
(i)  be securely attached to a part of the trap that is at or above water level, and
(ii)  be at least 80 mm by 45 mm in size,
(d)  if the trap is not being used to take fish for sale, the buoy or tag must display the letters “YT” and the initial of the first name, surname, year of birth and residential postcode of the person using the trap, in clearly visible letters that are not less than 15 mm in height and are of a colour that contrasts with that of the buoy or tag,
(e)  if the trap is being used to take fish for sale, the buoy or tag must display the letters “YT”, the name of the commercial fisher using the trap and the registration number of the fisher’s commercial fishing licence, in clearly visible letters that are not less than 15 mm in height and are of a colour that contrasts with that of the buoy or tag,
(f)  the maximum number of traps that can be used at any time is—
(i)  if the trap is not being used to take fish for sale—5 traps (none of which may be left set for more than 24 hours), or
(ii)  if the trap is being used in inland waters to take fish for sale—100 traps.
(2)  It is lawful for a person to use a yabby trap to take freshwater shrimp that are taken by the yabby trap when it is being lawfully used to take yabbies.
(3)  For the purposes of this Regulation or any other instrument under the Act, a trap referred to in this clause may be referred to as a yabby trap.
Table
Waters—Inland waters, other than the following—
(a)  public water land east of the Newell Highway,
(b)  the Murray River from the Newell Highway at Tocumwal downstream to the Echuca road bridge,
(c)  the Edward River from the Murray River at Picnic Point downstream to Stevens Weir,
(d)  the Murrumbidgee River from Narrandera to the Darlington Point road bridge.
Description of trap—Not exceeding 1 metre in length, 0.6 metre in width and 0.3 metre in depth; constructed of netting or mesh (not being rigid mesh, such as metal or hard plastic) not less than 13 mm along the longest diagonal; has entrance funnel or funnels containing a rigid ring with a maximum internal diameter of 90 mm permanently affixed at some point along the funnel or funnels.
42   Shrimp trap
(1)  It is lawful for a person to use a trap for taking freshwater shrimp in the waters specified in the Table to this clause if the trap complies with the description as set out in that Table and the following conditions are complied with—
(a)  the trap is not used unless it is identified by a tag that—
(i)  is securely attached to a part of the trap that is at or above water level, and
(ii)  has dimensions of at least 80 mm by 45 mm, and
(iii)  displays the letters “ST” and the initial of the first name, surname, year of birth and residential postcode of the person using the trap, in clearly visible letters that are not less than 15 mm in height and are of a colour that contrasts with that of the tag,
(b)  a person does not use more than 1 trap at any one time,
(c)  a person does not leave the trap set for more than 24 hours.
(2)  It is lawful for a person to use a shrimp trap to take yabbies that are taken by the shrimp trap when it is being lawfully used to take freshwater shrimp.
(3)  For the purposes of this Regulation or any other instrument under the Act, a trap referred to in this clause may be referred to as a shrimp trap.
Table
Waters—Inland waters.
Description of trap—Not exceeding 0.6 metre in length, 0.5 metre in width and 0.5 metre in depth; constructed of netting or mesh not greater than 13 mm along the longest diagonal; has entrance funnels that are not more than 35 mm in width at the narrowest point measured on any axis.
Division 5 Hand held lines and drift lines
43   Hand held lines
(1)  A person must not for the purpose of taking fish in any waters (other than inland waters)—
(a)  use more than 4 hand held lines, or
(b)  use any hand held line with more than 3 single hooks or 3 gangs of hooks attached or with more than 3 treble hooks attached to a lure, or
(c)  use any hand held line with a gang of hooks that comprises more than 5 single hooks attached.
Maximum penalty—100 penalty units.
(2)  Subclause (1) (b) does not apply to a person who, for the purpose of taking fish in any ocean waters or estuarine waters, uses not more than 1 hand held line with not more than 6 single hooks attached, if—
(a)  a lure is fixed to each single hook, and
(b)  the line, when being used for the purpose of taking fish, is not left unattended and is used only by the method of jigging.
(3)  A person who is taking fish from any waters (other than inland waters) using a hand held line must not leave that line unattended unless that person identifies that line by attaching to a part of that line, which is at or above water level, a tag that—
(a)  has dimensions of at least 80 mm by 25 mm, and
(b)  clearly displays in capital letters—
(i)  the person’s name, and
(ii)  the person’s residential address or boat registration number.
Maximum penalty—50 penalty units.
(4)  A person must not for the purpose of taking fish (other than Atlantic salmon or trout) in any inland waters—
(a)  use more than 2 hand held lines, or
(b)  use any line with more than—
(i)  2 single hooks attached, or
(ii)  2 lures attached and 3 hooks attached to each lure.
Maximum penalty—100 penalty units.
(5)  A person who is taking fish from any inland waters using a hand held line must not leave that line unattended unless that person remains within 50 metres of the hand held line while it is unattended and the hand held line is within that person’s line of sight.
Maximum penalty—50 penalty units.
(6)  This clause does not apply in respect of the holder of an endorsement in any of the following fisheries, when the holder is taking fish for sale in that fishery—
(a)  estuary general share management fishery,
(b)  ocean trap and line share management fishery.
Note—
The share management plans for the above fisheries set out the relevant restrictions on use of lines.
(7)  In this clause—
gang of hooks means a group of single hooks, each of which is attached to, and in direct contact with, at least 1 other of those hooks.
hand held line means a rod and line or handline.
hook includes a single hook, double hook or treble hook.
44   Drift lines
(1)  A commercial fisher must not, for the purpose of taking fish in any inland waters, use a drift line.
Maximum penalty—100 penalty units.
(2)  A person (other than a commercial fisher) must not, for the purpose of taking fish in any waters, use a drift line.
Maximum penalty—100 penalty units.
(3)  In this clause, drift line means a line that is attached to a float, buoy or similar device, not being a float, buoy or device that is—
(a)  held in the hand or attached to fishing gear held in the hand, or
(b)  secured in any other manner that prevents it from drifting or floating freely.
Division 6 Other restrictions on use of fishing gear
45   Taking of rock lobster
(1)  A person must not take rock lobster by any method other than by hand picking (whether or not while wearing a glove).
Maximum penalty—25 penalty units.
(2)  This clause does not apply to a person who uses a trap for taking rock lobster if the use of the trap by that person for that purpose is, but for this clause, lawful.
46   Taking of saltwater nippers, worms, pipis etc
(1)  A person must not take any saltwater nippers, squirt worms, blood worms, beachworms, pipis or any other intertidal invertebrate from a rock platform by any method other than by use of a single blade knife with a blade longer than it is wide, or from any other place by any method other than by use of—
(a)  a pump or similar device having a barrel or cylinder with a diameter of not more than 85 mm, or
(b)  a tube or cylinder (whether or not fitted with a cap at one end) with a length of not more than 250 mm and a diameter of not more than 85 mm, or
(c)  a single blade knife with a blade longer than it is wide, or
(d)  a spade or fork (except in a seagrass bed, mangrove or saltmarsh area or for the taking of pipis), or
(e)  pliers.
Maximum penalty—25 penalty units.
(2)  This clause does not prevent a person from taking any fish by the method of hand picking (whether or not while wearing a glove).
47   Taking of shellfish by means of a dredge or similar device
A person must not take shellfish by means of a dredge or similar device.
Maximum penalty—100 penalty units.
48   Taking of Atlantic salmon or trout
(1)  A person must not take Atlantic salmon or trout from any waters (other than from the backed up waters of a dam or an impoundment) by any method other than by the use of a single rod and line with not more than—
(a)  2 single hooks attached, or
(b)  2 lures attached and 3 hooks attached to each lure.
Maximum penalty—50 penalty units.
(2)  A person must not take Atlantic salmon or trout from the backed up waters of a dam or an impoundment by any method other than by the use of not more than 2 rods and lines, each with not more than—
(a)  2 single hooks attached, or
(b)  3 lures attached and 3 hooks attached to each lure.
Maximum penalty—50 penalty units.
(3)  A person must not use a light for the purpose of taking Atlantic salmon or trout.
Maximum penalty—50 penalty units.
(4)  It is not an offence under this clause for a person to use a landing net as an auxiliary to the taking of Atlantic salmon or trout after the salmon or trout has been hooked.
(5)  In this clause, hook includes a single hook, double hook or treble hook.
49   Taking of groper
(1)  A person must not take groper in any waters by any method other than by the use of a rod and line or a handline.
Maximum penalty—100 penalty units.
(2)  In this clause, groper means any fish of the species Achoerodus viridis, commonly known as eastern blue groper, blue groper, brown groper or red groper.
50   Jagging or foul hooking of fish
(1)  A person must not take fish by the method of jagging.
Maximum penalty—25 penalty units.
(2)  A person must not use a gaff for the purpose of taking fish from any inland waters.
Maximum penalty—25 penalty units.
(3)  In this clause, jagging means the use of any device or instrument that is intended to hook fish otherwise than through the mouth.
51   Scuba diving
(1)  A person must not, while using any apparatus capable of supplying air to facilitate breathing underwater, take fish by any method.
Maximum penalty—100 penalty units.
(2)  This clause does not apply to a person who takes—
(a)  for the purpose of sale—abalone, sea urchin or turban shell in compliance with the requirements of the Act and this Regulation and, in the case of abalone, the Fisheries Management (Abalone Share Management Plan) Regulation 2000, or
(b)  any fish while using a snorkel, or
(c)  scallops (family Pectinidae), or
(d)  sea urchin.
52   Spear guns and bowfishing equipment—the Act, s 23
(1)  A person must not—
(a)  use a spear gun in inland waters for the purpose of taking fish, or
(b)  use a spear gun for the purpose of taking fish in any of the waters described in Schedule 4, or
(c)  use a spear gun aided by lights in any waters for the purpose of taking fish.
Maximum penalty—50 penalty units.
(2)  A person must not take any fish in any waters by means of a spear gun that is fitted with an explosive device.
Maximum penalty—100 penalty units.
(3)  A person must not take fish in any waters using a bow and arrow, except as provided by subclause (4).
Maximum penalty—50 penalty units.
(4)  A person may take carp from inland waters using bowfishing equipment if the person takes the carp—
(a)  during the period commencing 30 minutes before sunrise and ending 30 minutes before sunset, and
(b)  without the aid of lights, and
(c)  at least 100 metres from another person, other than persons in the company of the person taking carp, and
(d)  at least 100 metres from a boat ramp, dwelling, camping ground, picnic area or another vessel, and
(e)  at least 500 metres from a caravan park.
(5)  In this clause—
bowfishing equipment means—
(a)  a hand held bow with a reel of no more than 30 metres of fishing line, and
(b)  an arrow with barbs and without feathers.
carp means fish of the species Cyprinus carpio or Carassius auratus and does not include goldfish or any other species of finfish not indigenous to inland waters of New South Wales, such as redfin (Perca fluviatilis).
spear gun includes a spear or similar device.
cl 52: Am 2021 (505), Sch 1[1] [2].
53   Firearms
(1)  A person must not take any fish in any waters by means of a firearm.
Maximum penalty—50 penalty units.
(2)  It is not an offence under this clause for a commercial fisher to use a firearm to kill or attempt to kill shark or other fish lawfully taken by means of fishing gear (other than a firearm).
(3)  In this clause, firearm does not include a spear gun.
Division 7 Miscellaneous
54   Joining of nets
(1)  For the purposes of this Part, it is unlawful for a person to use in any waters 2 or more nets joined together for the purpose of taking fish.
(2)  For the purposes of this Part, it is unlawful for a person to use in any waters 2 or more nets for the purpose of taking fish, being nets that are joined or placed together side by side (either on the cork line or otherwise) in such a manner that the effective mesh or meshes of those combined nets are reduced to a size less than the minimum mesh or meshes described as lawful under this Part.
55   Illegally reducing mesh size or lateral mesh openings of nets
(1)  For the purposes of this Part, it is unlawful for a person to use a net in which any meshes (or any bars) are wholly or partly covered or twisted in any manner—
(a)  so as to reduce the mesh size of the meshes to less than that specified under this Part as lawful, or
(b)  so as to reduce the size of the lateral mesh openings in the net.
(2)  For the purposes of this Part, it is unlawful for a person to use a net in which any string, rope, wire, cord, netting or other material is fixed to any meshes or placed around the net in any manner—
(a)  so as to reduce the mesh size of the meshes to less than that specified under this Part as lawful, or
(b)  so as to reduce the size of the lateral mesh openings in the net.
56   Illegally reducing mesh size or lateral mesh openings of traps
(1)  For the purposes of this Part, it is unlawful for a person to use a trap in which any meshes are wholly or partly covered in any manner—
(a)  so as to reduce the mesh size of the meshes to less than that specified under this Part as lawful, or
(b)  so as to reduce the size of the lateral mesh openings in the trap.
(2)  For the purposes of this Part, it is unlawful for a person to use a trap in which any string, rope, wire, cord, netting or other material is fixed to any meshes or placed around the trap in any manner—
(a)  so as to reduce the mesh size of the meshes to less than that specified under this Part as lawful, or
(b)  so as to reduce the size of the lateral mesh openings in the trap.
57   Monofilament and certain multi-strand nets prohibited
For the purposes of this Part, it is unlawful for a person to use a net any mesh of which is constructed of synthetic material that comprises less than 7 strands.
58   Method of dragging or drawing nets
For the purposes of this Part, it is unlawful for a person to drag or draw ashore any net containing fish in such a way or to such a distance from the water as to prevent prohibited size fish from escaping through the meshes or by the wings of the net into the water, or to allow such prohibited size fish to remain on the shore.
59   Identification of set nets and traps
(1)  A person must not, in or on any waters, place or set any net or trap, or use any set net or trap, unless the net or trap is identified in accordance with any requirements relating to identification of nets or traps in this Regulation.
Maximum penalty—50 penalty units.
(2)  In this clause, set net means any net set in any waters for the purpose of taking fish that is left unattended.
60   Measuring length and mesh size of nets
(1)  For the purposes of testing or determining the length of a net, the net must be measured along the cork line or head line of the net from the first hanging to the last hanging.
(2)  For the purposes of testing or determining the mesh size of a net that is described in this Part as being lawful (other than a net specified in the Table to this clause or a beach safety meshing net), a prescribed measuring device must be used in the manner required by this clause.
(3)  A prescribed measuring device is a device verified in the manner determined by the Secretary that complies with the following description—
(a)  it consists of a fixed member (in the form of a metal cylinder) in which is fitted a sliding member weighing 225 grams,
(b)  both members have attached a fixed knife edge,
(c)  when in use, the device is suspended from, or held by, the metal clip at the top of the fixed member,
(d)  a scale and a point is marked on both members.
(4)  A prescribed measuring device must be used in the following manner—
(a)  the net (the mesh size of which is to be measured) must be soaked in water for a period of not less than 5 minutes, after which both knife edges must be inserted in a mesh of the net, so that the mesh is supported by the knife edge of the fixed member at a knot while the knife edge of the sliding member is supported by the mesh at the knot diagonally opposite,
(b)  the mesh being measured, when suspended as above, must hang in a plane parallel to the body of the device,
(c)  the size of the mesh must then, without any unnecessary delay, be determined as the distance between the inside edges of the knots, as read from the scale on the sliding member, at a point indicated by a mark on the fixed member.
(5)  For the purposes of testing or determining the mesh size of a net specified in the Table to this clause, a prescribed measuring device must be used in the manner required by this clause except that—
(a)  the weight specified in relation to that net in that Table must be attached to the sliding member, and
(b)  the net (the mesh size of which is to be measured) must be soaked in water for a period of not less than 10 minutes.
(6)  In testing or determining the mesh size of a knotless net (being a net in which the mesh is formed by the fusion or interweaving of two or more threads of the netting material) or square mesh (whether or not knotless) the same method must apply, except that the knife edges of the members must be inserted in a mesh at diagonally opposite corners and the measurements taken from the inside of those corners.
(7)  The mesh size specified in respect of a lawful net in this Part is taken to be the mesh size determined by the use of a prescribed measuring device in the manner required by this clause.
Table
Nets
Weight attached
Hand-hauled prawn net
1,585 grams
Push or scissors net
1,585 grams
Otter trawl net (fish)
2,945 grams
Danish seine trawl net (fish)
2,945 grams
61   Restrictions on the sale of commercial nets
(1)  A person must not sell a commercial net to another person unless the person is satisfied that the other person—
(a)  is the holder of a commercial fishing licence, or
(b)  is the holder of a permit under this clause.
Maximum penalty—100 penalty units.
(2)  A person who sells a commercial net to another person must make a record of the sale containing the following information—
(a)  the date of the sale,
(b)  a description of the net sold (including any registration number),
(c)  the licence or permit number of the person to whom the net was sold.
Maximum penalty—100 penalty units.
(3)  A person who sells a commercial net to another person must retain the record referred to in subclause (2) for 5 years after the net was sold and must, during that 5-year period, produce the record when requested to do so by a fisheries officer.
Maximum penalty—100 penalty units.
(4)  The Secretary may, on application, issue a permit to a person authorising the person to buy commercial nets.
(5)  A person who is engaged in the business of selling commercial nets to commercial fishers is entitled to a permit under this clause.
(6)  For the purpose of this clause—
(a)  a net is a commercial net unless it is a net that may be lawfully used by a person who is not a commercial fisher in all waters or in any particular waters, and
(b)  a reference to a person is a reference to a person within New South Wales.
Part 4 Priorities in the use of fishing gear
Note—
This Part sets out the rights of priority between commercial fishers and recreational fishers on recognised fishing grounds and the rights of priority between commercial fishers in inland waters. Rights of priority between commercial fishers in share management fisheries are set out in the share management plans for the fisheries. Rights of priority between commercial fishers on recognised fishing grounds are set out in the Supporting Plan.
62   Offence of fishing contrary to rights of priority
A person must not attempt to take fish contrary to the rights of priority determined by this Part after being directed not to do so—
(a)  by a fisheries officer, or
(b)  by another fisher (who is using or intending to use a net or other fishing gear in accordance with this Part).
Maximum penalty—50 penalty units.
63   Commercial fishers must use fishing gear in accordance with this Part
A commercial fisher must not use a net or other fishing gear in a manner that is contrary to the provisions of this Part.
Maximum penalty—50 penalty units.
64   Priority between commercial fishers and recreational fishers on recognised fishing grounds
A commercial fisher who is taking or who intends to take fish on a recognised fishing ground, by the method for which the area concerned is a recognised fishing ground, has priority over any other person who is taking or intends to take fish on the recognised fishing ground by any other method.
65   Priority between commercial fishers using nets in inland waters
The rights of priority in the setting of nets in inland waters between commercial fishers working on the same recognised fishing ground are determined as follows—
(a)  the first turn belongs to the commercial fisher who, with lawful nets, first arrives at the point on the bank from which it is intended that those nets are to be set,
(b)  the next turn is to belong to the commercial fisher who next so arrives, and so on,
(c)  during a commercial fisher’s turn, the fisher is to have the exclusive right of setting nets in so much of the inland waters as equals, in metres measured from the point referred to in paragraph (a), the product of the number of nets the fisher is using or intends to use and 100, subject to the following—
(i)  the point from which that measurement is made must be not less than 100 metres from any net set by and belonging to any other commercial fisher,
(ii)  the maximum length of the inland waters to which any fisher is entitled in accordance with this clause is 1,600 metres,
(iii)  no fisher is to be entitled to set any net within 100 metres of any net set by any other commercial fisher in accordance with this clause,
(d)  a turn must not exceed 24 hours at the expiration of which the nets must, if another commercial fisher is waiting that fisher’s turn with lawful nets ready to set, be removed from the water on to the bank,
(e)  no commercial fisher is to have a second turn until all the other commercial fishers on the fishing ground with lawful nets have had their first turn.
Part 5 Recreational fishing fees
66   Amount of recreational fishing fees
For the purposes of section 34E (2) of the Act, the recreational fishing fees payable under Division 4A of Part 2 of the Act are specified in Schedule 6.
67   Receipts for fishing fee payments
(1)  For the purposes of paragraph (c) of the definition of official receipt in section 34A of the Act, a receipt card issued to a person following payment of a fishing fee by the person over the telephone or by electronic means is evidence of payment of a fishing fee.
(2)  The Secretary may issue a replacement receipt for an official receipt issued under section 34G of the Act if satisfied that the original receipt is lost, damaged or destroyed.
(3)  The fee for a replacement receipt is the amount specified in Schedule 6.
68   Exempt bodies of water
(1)  For the purposes of section 34C (2) (g) of the Act, the following bodies of water are exempt—
(a)  a body of water comprising the backed up waters of a dam or impoundment located on private land if the surface area of the body of water (at full capacity) does not exceed 2 hectares,
(b)  the waters of Lake Hume, being all waters (and land covered by water when the lake is at full capacity) in the Murray River arm of Lake Hume, from the weir wall upstream to the point where Seven Mile Creek enters the Murray River on the northern bank of the Murray River, and in the Mitta Mitta River arm of Lake Hume, from the weir wall upstream to the Murray Valley Highway Bridge situated east of Tallangatta.
(2)  For the purposes of this clause, a body of water is located on private land if the land on which it is located is not public water land.
69   Exempt fishers
(1)  For the purposes of section 34C (2) (h) of the Act, the following recreational fishers are exempt from paying a recreational fishing fee—
(a)  a fisher who holds a current pensioner concession card,
(b)  a fisher who is of or over the age of 18 years of age and is only assisting a fisher under 18 years of age to take fish by means of a single dip or scoop net (prawns),
(c)  a fisher who is engaged in bait gathering, shore-based fishing or other activities ancillary to guided recreational charter fishing (within the meaning of Part 12), if—
(i)  a fishing fee exemption certificate under section 34I (3) (b) of the Act is already held in respect of the charter fishing boat, and
(ii)  the fisher is in the immediate vicinity of the charter fishing boat.
(2)  It is a condition of an exemption referred to in subclause (1) (a) that, if required to do so by a fisheries officer, a person who claims such an exemption must produce the person’s current pensioner concession card immediately or within the period specified by the officer and at the place specified by the officer.
(3)  In this clause, pensioner concession card means a card known as a “pensioner concession card” and issued by Centrelink or the Commonwealth Department of Veterans’ Affairs, or any other card approved by the Minister as being equivalent to that card.
70   Reductions in fishing fee for fishing in far north
(1)  For the purposes of section 34F of the Act, the amount of the fishing fee payable by a recreational fisher for a far north fishing activity is 50% of the fee otherwise payable.
(2)  For the purposes of this Part, far north fishing activity means fishing—
(a)  in the tidal waters of the Tweed River, upstream from a line joining the eastern extremities of the Tweed River Breakwaters to—
(i)  Bray Park Weir on the Tweed River, and
(ii)  Boat Harbour Bridge, Numinbah Road, on the Rous River, and
(iii)  Bilambil Road Bridge on Duroby Creek, and
(iv)  Bilambil Road Bridge on Bilambil Creek, and
(v)  Robinson Road Bridge on Cobaki Creek, or
(b)  from the Tweed River Breakwaters, or
(c)  from the rocks and beach north of the Tweed River Breakwaters to the Queensland border, or
(d)  from the rocks and beach south of the Tweed River Breakwaters to the lighthouse at Fingal Head.
71   Fishing fee exemption certificates may be issued to certain owners and lessees of private land
(1)  For the purposes of section 34I (3) (c) of the Act, the class of persons consisting of owners or lessees of private land on which there is a body of water comprising the backed up waters of a dam or impoundment is prescribed as a class of persons to whom a fishing fee exemption certificate may be issued.
(2)  For the purposes of this clause, a body of water is located on private land if the land on which it is located is not public water land.
72   Fishing fee exemption certificates
(1)  For the purposes of section 34I (4) of the Act, a fishing fee exemption certificate is to be in the form approved by the Minister and may be issued subject to such conditions as the Minister considers appropriate.
(2)  An exemption certificate has effect for 1 year, or for a longer or shorter period as determined by the Minister in a particular case.
(3)  The fee for an exemption certificate is the amount specified in Schedule 6.
(4)  Any fee for an exemption certificate under section 34I (3) (a) or (b) of the Act is reduced by 50% if the activities to which the certificate relates are far north fishing activities (and not any other fishing activities).
(5)  If the Minister issues an exemption certificate under section 34I (3) (a) or (b) of the Act for a period that is longer or shorter than 1 year, the fee for the certificate is to be varied in proportion to the amount by which the period for which the certificate is issued differs from 1 year.
(6)  The fee for an exemption certificate must be paid before the certificate is issued.
73   Amendment and cancellation of exemption certificates
(1)  The Minister may amend or cancel a fishing fee exemption certificate at any time by notice in writing to the holder of the certificate.
(2)  Without limiting subclause (1), the Minister may amend or cancel a fishing fee exemption certificate on the application of the holder of the certificate.
(3)  The fee payable in respect of an amendment of an exemption certificate under subclause (2) is—
(a)  the application fee specified in Schedule 6, and
(b)  a supplementary fee equivalent to the amount (if any) by which the fee payable for an exemption certificate in the form of the amended certificate exceeds the sum of all fees that had been paid for the certificate before the application was made.
Part 6 General fisheries management
Division 1 Interference with fishing activities and set fishing gear
74   Interference with fishing activities
A person must not, after being directed to cease doing so by a fisheries officer, drive, ride or use a boat, surfboard, water ski, aquaplane or similar equipment—
(a)  in any waters on a recognised fishing ground in such a manner and in such proximity to the ground as is likely to cause the dispersal of schooling fish, or fish travelling in a school or shoal, or
(b)  in any waters in a manner that unreasonably interferes with the operations of a commercial fisher lawfully fishing in those waters or waiting to carry on lawful fishing in those waters.
Maximum penalty—50 penalty units.
75   Interference with set fishing gear
(1)  A person must not, without reasonable excuse, interfere with any set fishing gear.
Maximum penalty—50 penalty units.
(2)  This clause does not apply to a fisheries officer, the person who owns the fishing gear or any other person acting in accordance with this Regulation.
76   Lawful interference with set fishing gear
(1)  Any commercial fisher may, for the purpose of using a net on any recognised fishing ground, remove any unattended fishing gear that has been so set as to obstruct the use of the fisher’s net.
(2)  A fisher who so removes set fishing gear is not, if the fisher exercises reasonable care in the removal, liable for any damage to the fishing gear occasioned by such removal.
(3)  This clause does not allow a commercial fisher to remove a net that has been lawfully set in the waters concerned.
77   Intentionally disturbing fish
A person must not, without reasonable excuse, intentionally disturb fish in the vicinity of a commercial fisher using a net or other fishing gear on a recognised fishing ground.
Maximum penalty—50 penalty units.
78   Interference with commercial fisher using line
(1)  A commercial fisher who is lawfully using a line (other than a drift line) in any waters for the purpose of taking fish may require any person intending to fish in those waters (in such close proximity to the fisher as gives the fisher reasonable cause to apprehend that fish in the fisher’s vicinity will be frightened or that the fisher’s line will be fouled) to move to another position on those waters (not more than 50 metres distant) that the fisher indicates.
(2)  A person must not, without reasonable excuse, refuse or neglect to comply with such a requirement.
Maximum penalty—25 penalty units.
(3)  In this clause—
drift line means a line that is attached to a float, buoy or similar device, not being a float, buoy or device that is—
(a)  held in the hand or attached to fishing gear held in the hand, or
(b)  secured in any other manner that prevents it from drifting or floating freely.
Division 2 Use of explosives, electrical devices and other dangerous substances
79   Dynamite and explosive substances
(1)  A person must not use dynamite or any other explosive substance to take or destroy fish in any waters.
Maximum penalty—100 penalty units.
(2)  A person must not explode any dynamite or other explosive substance in any waters.
Maximum penalty—100 penalty units.
(3)  It is a defence to a prosecution for an offence under subclause (2) if the person charged satisfies the court that the acts constituting the alleged offence were done—
(a)  in pursuance of a permit issued by the Secretary, and
(b)  in accordance with the conditions of the permit.
80   Permit to use explosives
(1)  An application for a permit to use dynamite or any other explosive substance in any waters is to be made in writing to the Secretary in the form approved by the Secretary.
(2)  A permit may extend to—
(a)  explosives generally or to a particular explosive specified in the permit, or
(b)  waters generally or to the particular waters specified in the permit.
(3)  A permit remains in force, unless sooner cancelled or suspended by the Secretary, until the expiration of the period specified in the permit.
(4)  A permit is subject to such conditions as are attached to the permit by the Secretary.
(5)  The fee for a permit under this clause, or for the renewal of such a permit, is the amount specified in Schedule 6.
81   Use of electrical devices prohibited in all waters
(1)  A person must not use an electrical device for the purpose of taking fish in any waters.
Maximum penalty—100 penalty units.
(2)  It is a defence to a prosecution for an offence under this clause if the person charged satisfies the court that the acts constituting the alleged offence were done—
(a)  in pursuance of a permit issued by the Secretary, and
(b)  in accordance with the conditions of the permit.
82   Permit to use electrical devices
(1)  An application for a permit to use an electrical device in any waters is to be made in writing to the Secretary in the form approved by the Secretary.
(2)  A permit may extend to—
(a)  electrical devices generally or to a particular device specified in the permit, or
(b)  waters generally or to the particular waters specified in the permit.
(3)  A permit remains in force, unless sooner cancelled or suspended by the Secretary, until the expiration of the period specified in the permit.
(4)  A permit is subject to such conditions as are attached to the permit by the Secretary.
(5)  The fee for a permit under this clause, or for the renewal of such a permit, is the amount specified in Schedule 6.
83   Use of chemical substances
(1)  A person must not use a chemical substance for the purpose of taking, disturbing, injuring or otherwise harming fish in any waters.
Maximum penalty—100 penalty units.
(2)  It is a defence to a prosecution for an offence under this clause if the person charged satisfies the court that the acts constituting the alleged offence were—
(a)  authorised by a permit issued by the Australian Pesticides and Veterinary Medicines Authority for the purposes of the control or eradication of pest fish, or
(b)  authorised under an aquaculture permit, or
(c)  authorised under an approval granted under section 37 of the Act for research or scientific purposes, or
(d)  a routine activity done for the purpose of cleaning a boat or keeping the boat free from barnacles or other fouling organisms.
(3)  In this clause, a chemical substance is a substance or a mixture of substances that has the effect of stunning, disturbing, sedating or killing fish.
Division 3 Restrictions relating to certain fish species and activities
84   Prohibited lures and baits
(1)  A person must not take any fish from any waters with a lure or bait that is—
(a)  a live bird, or
(b)  a live mammal.
Maximum penalty—50 penalty units.
(2)  A person must not take any fish from inland waters with a lure or bait that is—
(a)  a live finfish, or
(b)  any fish or any part of a fish not native to the waters of New South Wales (other than dead carp), or
(c)  trout or salmon roe or any product containing trout or salmon roe.
Maximum penalty—50 penalty units.
(3)  A person must not take Atlantic salmon or trout with any lure or bait other than—
(a)  natural flies or insects, or their larvae, or
(b)  worms, freshwater shrimps, yabbies or mussels, or
(c)  artificial lures or baits, or
(d)  plant matter.
Maximum penalty—50 penalty units.
(4)  A person fishing in inland waters must, on the demand of a fisheries officer, produce to that officer the lure or bait being used by that person.
Maximum penalty—50 penalty units.
(5)  In this clause, carp means fish of the species Cyprinus carpio or Carassius auratus.
85   Taking of octopus from rock platforms
(1)  A person must not take any octopus from any rock platform in ocean waters or the waters of Port Jackson.
Maximum penalty—25 penalty units.
(2)  In this clause, Port Jackson includes the Parramatta and Lane Cove Rivers and Middle Harbour and the waters of Port Jackson up to a line drawn between the easternmost point of Outer North Head and the easternmost point of South Head.
86   Taking of pipis for use as bait only
(1)  A person must not take pipis except for use as bait.
Maximum penalty—100 penalty units.
(2)  A person must not take pipis unless the person is in the authorised area for the taking of pipis.
Maximum penalty—100 penalty units.
(3)  A person must not remove pipis from the authorised area for the taking of pipis.
Maximum penalty—100 penalty units.
(4)  This clause does not apply—
(a)  in respect of the taking of, or removal of, pipis by a person who is a commercial fisher authorised to take them under the Act, or
(b)  in respect of the removal of pipis by any other person if the pipis were taken by a commercial fisher and were purchased or otherwise acquired by the person.
(5)  In this clause, authorised area for the taking of pipis means the area within 50 metres of the mean high water mark of a beach.
87   Shucking of intertidal invertebrates
(1)  A person must not shuck any intertidal invertebrate (other than abalone, rock lobster or turban snail), or have such a shucked intertidal invertebrate in the person’s possession, in or on or adjacent to any waters except for immediate bait use.
Maximum penalty—25 penalty units.
(2)  A person must not shuck rock lobster or turban snail, or have shucked rock lobster or turban snail in the person’s possession, in or on or adjacent to any waters.
Maximum penalty—25 penalty units.
88   Shucking of abalone
(1)  A person (other than a commercial fisher authorised to shuck abalone under the Fisheries Management (Abalone Share Management Plan) Regulation 2000) must not shuck abalone, or have shucked abalone in the person’s possession, in or on or adjacent to any waters.
Maximum penalty—50 penalty units.
(2)  A person in possession of shucked abalone does not commit an offence against this clause as a result of that possession if the person establishes that the abalone were shucked at—
(a)  a place approved for the purpose by the Secretary, or
(b)  premises registered under the regulations made under the Export Control Act 1982 of the Commonwealth for the preparation of abalone for export.
89   Mutilation of fish
(1)  A person must not mutilate any restricted species of fish in or on or adjacent to any waters in any manner other than by gutting or by removing the gills or scales.
Maximum penalty—50 penalty units.
(2)  A person (other than a commercial fisher) does not commit an offence under subclause (1) if the person establishes that the person mutilated the fish—
(a)  in the course of preparing the fish for immediate consumption, or
(b)  in the course of preparing the fish for immediate use as bait, or
(c)  in the course of authorised charter fishing operations, or
(d)  at a place that is a fish cleaning facility or other place specifically provided or ordinarily used for the cleaning of fish, being a place that is not in or on any waters, or
(e)  in accordance with a permit issued by the Secretary.
(3)  A person must not have in the person’s possession in or on or adjacent to any waters any restricted species of fish that has been mutilated in any manner other than by gutting or by removing the gills or scales.
Maximum penalty—50 penalty units.
(4)  A person (other than a commercial fisher) does not commit an offence under subclause (3) if the person establishes that the fish was mutilated in accordance with subclause (2).
(5)  A person must not deliver or consign for sale any restricted species of fish that has been mutilated in any manner other than by gutting or by removing the gills or scales.
Maximum penalty—50 penalty units.
(6)  This clause does not apply to the delivery or consignment for sale of fish propagated, hatched or reared by the holder of an aquaculture permit under the authority of that permit or of any other fish that have already been lawfully sold.
(7)  For the purposes of this clause, a person mutilates fish in the course of authorised charter fishing operations if—
(a)  the person is the master or a crew member of a charter fishing boat, and
(b)  the person mutilates the fish by filleting or sectioning the fish, and
(c)  the person mutilates the fish while on board the charter fishing boat and in the presence of the person who took the fish, and
(d)  the charter fishing boat is moored at its usual berth or at the place where passengers of the boat usually embark or disembark the boat.
90   Removal and possession of certain parts of sharks permitted
(1)  A person does not commit an offence against section 20B (1) (a) of the Act in relation to a species of shark listed in the Table to this subclause if the person—
(a)  removes only its belly flaps, with ventral fins attached, and
(b)  does not remove any other fin from the shark, and
(c)  remains in possession of the remainder of the shark while on board the boat.
Table
Common name
Species
Gulper Shark
Family Centrophoridae
Dogfish
Family Squalidae
Catshark
Family Scyliorhinidae
School Shark
Galeorhinus galeus
Gummy Shark
Mustelus antarcticus
(2)  A person does not commit an offence against section 20B (1) (c) of the Act in relation to any shark (other than a school shark) if the person—
(a)  cuts the shark across the body and vertically from the top of the body through the carcass into portions (known as barrels), and
(b)  does not remove any fin from any portion of the shark, and
(c)  remains in possession of all portions of the shark while on board the boat.
(3)  A person does not commit an offence against section 20B (1) (c) of the Act in relation to any shark (other than a school shark) if the person—
(a)  remains in possession of the shark (either whole or without the head, gills or gut or other internal organs) while on board the boat, and
(b)  does not remove any fin of the shark.
(4)  A person does not commit an offence against section 20B (1) (c) of the Act in relation to a school shark if the person—
(a)  remains in possession of the shark (either whole or without the gills or gut or other internal organs) while on board the boat, and
(b)  does not remove the head or any fin of the shark.
91   Crayfish, rock lobsters, shovel-nosed lobsters and crabs carrying ova
(1)  A person must not take or sell or have in the person’s possession a crayfish, shovel-nosed lobster, rock lobster or crab, carrying ova externally.
Maximum penalty—50 penalty units.
(2)  A person must not have in the person’s possession a crayfish, shovel-nosed lobster, rock lobster or crab, from which spawn or ova have been deliberately removed.
Maximum penalty—50 penalty units.
(3)  In this clause—
crayfish means fish of the genera Euastacus and Cherax.
shovel-nosed lobster includes all species of bugs.
Division 4 Tagging and labelling fish for sale
92   Eastern rock lobster not to be sold unless tag attached
(1)  A person must not sell a whole eastern rock lobster, or the tail of an eastern rock lobster, that does not have a tag attached to it in such a manner that the tag cannot be removed without being broken.
Maximum penalty—100 penalty units in the case of a corporation or 50 penalty units in any other case.
(2)  A person does not commit an offence under this clause unless the rock lobster concerned was taken in the waters of, or adjacent to, New South Wales.
(3)  In this clause—
eastern rock lobster means rock lobster of the species Sagmariasus verreauxi.
tag means a tag issued by the Secretary for attachment to eastern rock lobsters taken for sale.
whole eastern rock lobster includes an eastern rock lobster that has had parts (other than the abdomen of the rock lobster) removed.
Note—
The Fisheries Management (Lobster Share Management Plan) Regulation 2000 requires commercial fishers to tag eastern rock lobsters taken for sale.
93   Labelling of abalone
(1)  A person must not sell abalone unless the immediate packaging of the abalone is marked or labelled with the following information—
(a)  the date on which the abalone was packaged,
(b)  the number and total net weight in kilograms of abalone,
(c)  the name of the commercial fisher who took the abalone or the name and address of the person on whose behalf the abalone was packaged,
(d)  the unique identifying number allocated to the sale for the purposes of fish records under Division 2 of Part 11 or the seller’s registered fish receiver’s registration number.
Maximum penalty—100 penalty units.
(2)  A person must not remove, deface, damage or destroy any immediate packaging of abalone (or label attached to the packaging) that contains the information required to be included on the packaging by this clause.
Maximum penalty—20 penalty units.
(3)  Subclause (2) does not prevent a person from removing or destroying the packaging or a label from abalone at a place where the abalone is to be cooked, dried or eaten, immediately before it is cooked, dried or eaten.
Division 5 Miscellaneous
94   Identification of recognised fishing grounds
(1)  For the purposes of section 39 (4) of the Act, a recognised fishing ground is an area identified as a recognised fishing ground by being marked as such on a map (an RFG map) approved by the Minister and published in the Gazette.
(2)  An RFG map is to identify any 1 or more areas that, in the opinion of the Minister, is an area of the sea or other public water land used historically for net fishing and that is used regularly or intermittently for net fishing by commercial fishers.
(3)  An RFG map is to identify the method of net fishing for which the area is a recognised fishing ground.
(4)  Section 284 (2) of the Act (which specifies the way in which the public is to be given an opportunity to make submissions on certain matters) applies in respect of a draft RFG map in the same way as it applies in respect of the matters specified in section 284 (1) of the Act.
(5)  Before taking the action required by section 284 (2) of the Act in relation to a draft RFG map, the Minister must—
(a)  provide a copy of the draft map to the Recreational Fishing NSW Advisory Council, and
(b)  invite that Council to make recommendations about the draft map within such time (being not less than 30 days from the date on which the copy of the draft map is provided to the Council) as the Minister may specify in the invitation, and
(c)  take any such recommendations into consideration when finalising the draft map for public exhibition under section 284 (2) of the Act.
(6)  Each RFG map is to be deposited at the head office of the Department and at an office of the Department located in the region of the relevant recognised fishing ground.
(7)  The Minister may alter or replace an RFG map from time to time by publishing an amended or replacement RFG map in the Gazette. However, the consultations required by subclauses (4) and (5) must be undertaken in relation to such an alteration or replacement unless, in the case of an alteration, the Minister is of the opinion that the alteration is of a minor nature.
95   Person must not assist a commercial fisher
(1)  A person must not assist a commercial fisher to take fish in contravention of a share management plan.
Maximum penalty—100 penalty units.
(2)  A person assists a commercial fisher to take fish in contravention of a share management plan if the person provides any assistance, or does any other thing, that results in the commercial fisher contravening a provision of the share management plan that relates to taking fish with the assistance of another person.
(3)  A person may be proceeded against and convicted under this clause whether or not—
(a)  the commercial fisher has been proceeded against or convicted for an offence constituted by taking fish with the assistance of another person in contravention of a share management plan, and
(b)  another person has been proceeded against and convicted under this clause in respect of conduct arising from the same circumstances.
96   Prohibition on transfer of fish from one boat to another
(1)  A person must not transfer any fish that has been taken by a recreational fisher while on board a boat from that boat to another boat when either boat is not secured to the shore, a mooring, a wharf or a marina berth.
Maximum penalty—100 penalty units.
(2)  This clause does not apply to any of the following species of bait—
(a)  Engraulis australis (Australian anchovy),
(b)  Herklotsichthys castelnaui (southern herring),
(c)  Etrumeus teres (maray, round herring),
(d)  Sardinops sagax (Australian sardine, pilchard),
(e)  Spratelloides robustus (blue sprat, bluebait),
(f)  Hyperlophus vittatus (sandy sprat, whitebait),
(g)  Scomber australasicus (blue mackerel, slimy mackerel),
(h)  Trachurus spp. (yellowtail, jack mackerel),
(i)  family Hemiramphidae (garfish),
(j)  family Atherinidae (hardyhead, silverfish),
(k)  all species of squid,
(l)  all species of cuttlefish.
97   Fee for permits under section 37 of Act
For the purposes of section 37AA (2) of the Act, the application fee for a section 37 permit with respect to the following matters is the amount specified in Schedule 6—
(a)  a marine park declared under the Marine Estate Management Act 2014,
(b)  a permit to take and possess fish or marine vegetation for research purposes under section 37 (1) (a) of the Act,
(c)  a permit to take and possess fish or marine vegetation for aquarium collection purposes under section 37 (1) (c) of the Act,
(d)  a permit for a purpose approved by the Minister under section 37 (1) (f) of the Act.
98   Contravention of condition of approval under section 37 of Act
A person who contravenes a condition of an approval granted under section 37 of the Act is guilty of an offence.
Maximum penalty—100 penalty units.
98A   Permit required to gather marine vegetation for commercial purposes
(1)  A person must not gather marine vegetation for a commercial purpose from any area of public water land except under the authority of a permit issued by the Minister under this clause.
Maximum penalty—50 penalty units.
(2)  A permit applies to the gathering of marine vegetation only in the area specified in the permit.
(3)  A permit is not required for the gathering of marine vegetation in accordance with an aquaculture permit or a permit under Part 7 of the Act.
(4)  A permit may apply to marine vegetation generally or to a particular class of marine vegetation specified in the permit.
(5)  An application for a permit, or the renewal of a permit, is to be made in writing to the Minister in the form approved by the Minister and must be accompanied by the fee specified in Schedule 6.
(6)  If a person duly makes an application for a permit, the Minister may issue, or may refuse to issue, a permit.
(7)  A permit remains in force, unless sooner cancelled or suspended by the Minister, until the expiration of the period specified in the permit.
(8)  A permit is subject to the following conditions and any further conditions attached to the permit by the Minister—
(a)  marine vegetation must not be gathered from any area if commercial fishing is taking place in the area unless, at the time the commercial fishing commenced in that area, marine vegetation was being gathered from the area in accordance with the permit,
(b)  marine vegetation must not be gathered from any land that is held under any title granted by the Crown,
(c)  marine vegetation must not be gathered from any marked navigation channel,
(d)  marine vegetation must not be gathered from any area in which a public work is being carried out.
(9)  The Minister may, from time to time, by notice given to the permit holder, vary the further conditions of a permit.
(10)  Any permit issued under clause 63 of the Fisheries Management (Aquaculture) Regulation 2017 and in force immediately before the commencement of this clause is taken to have been issued under this clause.
(11)  In this clause, gather includes collect.
cl 98A: Ins 2020 No 30, Sch 1.19[1].
Part 7 Share management fisheries
99   Persons prohibited from holding shares
(1)  For the purposes of section 49 (2) of the Act, the following persons and bodies are prohibited from holding shares in a share management fishery—
(a)  a foreign person or a foreign-owned body,
(b)  a subsidiary (within the meaning of the Corporations Act 2001 of the Commonwealth) of a foreign person or of a foreign-owned body.
(2)  In addition, a person is prohibited from holding shares in a share management fishery if the Minister is satisfied that the person is holding the shares on behalf of, or for the benefit of, a person who is prohibited by this clause from holding shares in a share management fishery.
(3)  Shares in a share management fishery may not be issued by the Minister to a person who is prohibited by this clause from holding shares or be recorded in the Share Register.
(4)  The Minister is to cancel any shares held by a person prohibited by this clause from holding shares. However, the Minister may allow the person to dispose of the shares in accordance with Part 3 of the Act.
(5)  In this clause—
foreign person means a person other than—
(a)  an individual ordinarily resident in Australia (within the meaning of the Foreign Acquisitions and Takeovers Act 1975 of the Commonwealth), or
(b)  a company or an exempt body (within the meaning of the Corporations Act 2001 of the Commonwealth).
foreign-owned body means a body corporate that has a substantial foreign ownership.
(6)  For the purposes of this clause, a body corporate has a substantial foreign ownership if the Minister is satisfied that more than 20% of its total paid-up share capital is held by foreign persons or (if it does not have a share capital) that foreign persons are in a position to control more than 20% of the voting power in the body.
(7)  For the purposes of this clause, the Minister may have regard to any relevant provisions of the Corporations Act 2001 of the Commonwealth for the purposes of determining whether a person has an interest in shares or voting power in a body corporate.
100   Determination of catch history
(1)  For the purposes of section 51 (4) of the Act, the following documents are prescribed—
(a)  a verified record of a commercial fishers’ co-operative,
(b)  a verified record relating to the income tax liability of a commercial fisher,
(c)  a verified record of any fish processing company (whether a wholesaler or retailer).
(2)  In this clause, a reference to a verified record is a reference to an original record, or a copy of a record, audited by a registered company auditor (within the meaning of the Corporations Act 2001 of the Commonwealth) or that forms part of a record audited by a registered company auditor.
101   Fee for special endorsements to take fish in share management fishery
For the purposes of section 70 (5) of the Act, the fee payable for an endorsement to which section 70 of the Act applies (being an endorsement that authorises the taking of fish for sale in a share management fishery even though the commercial fisher is not entitled to an endorsement under Part 3 of the Act) is the amount specified in Schedule 6.
102   Transfers and other dealings in shares
(1)  For the purposes of section 71 (5) of the Act, before the commencement of the share management plan for a fishery, section 71 of the Act applies to allow the transfer, assignment or transmission of the shares of a person (the shareholder) in the fishery only if—
(a)  all of the shares of the shareholder that are components of the same fishing business (whether or not those shares are shares in the same fishery) are transferred, assigned or transmitted to 1 person (the transferee), and
(b)  the transferee becomes the owner of that fishing business (and all its components).
(2)  For the purposes of section 54 (3) of the Act, an acquisition of shares by a dealing that is allowed under subclause (1) is declared to be an authorised acquisition.
(3)  Nothing in this clause authorises the mortgaging of shares in a share management fishery before the commencement of the share management plan for the fishery.
Note—
Under section 54 (3) of the Act, a holder of shares in a limited access fishery is not entitled to have the licence endorsed to take fish in the limited access fishery (or to nominate another person to do so) if all the shares held by the person were acquired by dealings after the initial issue of shares in the fishery, unless the acquisition is declared by the regulations to be an authorised acquisition.
103   Forfeiture of shares for failure to pay certain contributions
(1)  For the purposes of section 75 (4) (b) of the Act, the Minister may order that the shares (or any of the shares) of a shareholder in a share management fishery be forfeited if the shareholder has failed to pay a community contribution or other amount due under Part 3 of the Act. However, the Minister is to order the forfeiture only of the number of shares that will be required, in the opinion of the Minister, to recover the amount due.
(2)  The Minister is not to order forfeiture of shares unless the Minister is satisfied that all reasonable steps have been taken to recover the amount due or the shareholder’s whereabouts are unknown.
(3)  Following the sale of the forfeited shares, any part of the purchase price remaining after deduction of the amount of the community contribution or other amount due and the expenses reasonably incurred in connection with the sale is to be paid to the shareholder.
104   Fee for registration of dealings in shares
(1)  For the purposes of section 91B (2) (d) of the Act, the fee in respect of an application for registration of the following transactions is the amount specified in Schedule 6—
(a)  a transaction that purports to have the effect of transferring, assigning or transmitting a share,
(b)  any other transaction that purports to have the effect of mortgaging or otherwise creating an interest in a share.
(2)  This clause does not apply in respect of a share management fishery if the share management plan for the fishery prescribes a different fee in respect of an application.
105   Fee for inspection of Share Register and registered documents
For the purposes of section 97 (1) of the Act, the fees for the following matters are specified in Schedule 6—
(a)  the inspection of an entry in the Share Register that is conducted with the assistance of an officer of the Department,
(b)  the inspection of a copy of a document retained by the Secretary under section 91B of the Act.
106   Information not required to be made available for inspection
For the purposes of section 97 (3) of the Act, information that discloses any contact details of a party or witness to a dealing (within the meaning of Division 10 of Part 3 of the Act), including any home, business or postal address, any personal or business email address or any home, business or mobile telephone number, is excluded from section 97 of the Act.
Part 8 Licences for commercial fishing and boats
Division 1 Commercial fishing licences
107   Who may hold commercial fishing licence
For the purposes of section 103 (2) (c) of the Act, the following individuals are authorised to hold a commercial fishing licence—
(a)  an individual who is the owner of a fishing business the components of which include an endorsement that authorises the taking of fish for sale in a restricted fishery or who is duly nominated to take fish on behalf of the owner of such a fishing business,
(b)  an individual who the owner of a fishing business proposes to nominate (under section 69 of the Act in respect of a share management fishery or under Division 4 of Part 9 of this Regulation in respect of a restricted fishery) to take fish on behalf of the owner and who does not already hold a Class 1 commercial fishing licence,
(c)  an individual who applies for a permit, or who is authorised under an order, under section 37 of the Act in relation to a commercial fishing activity and who does not already hold a Class 1 commercial fishing licence,
(d)  an individual who satisfies the Minister that the individual requires a commercial fishing licence in order to work as a crew member for a person who holds a commercial fishing licence that authorises the person to take fish in a share management fishery or restricted fishery.
Note—
Section 103 (2) (a) of the Act provides that a shareholder in a share management fishery, or an individual who is duly nominated by a shareholder, is authorised to hold a commercial fishing licence.
108   Class of commercial fishing licences
(1)  For the purposes of section 104 (5) of the Act, Class 1 is prescribed as a class of commercial fishing licence.
(2)  A Class 1 commercial fishing licence is a licence issued to an individual eligible for a licence under section 103 (2) (a) or (b) of the Act or under clause 107.
109   Fee for application for issue of Class 1 commercial fishing licence
(1)  The fee for an application for the issue of a Class 1 commercial fishing licence is the amount specified in Schedule 6.
(2)  If the licence is issued to have effect for a period of less than 12 months commencing on a date other than 1 July, the fee for an application is the prescribed proportion of the amount specified in Schedule 6.
(3)  If the licence is issued to have effect for a period exceeding 12 months commencing on a date other than 1 July, the fee for an application is total of the amount specified in Schedule 6 for a Class 1 commercial fishing licence and the prescribed proportion of that amount.
(4)  If an amount calculated under this clause includes a fraction of a dollar, the amount is to be rounded down to the nearest whole dollar.
(5)  In this clause—
prescribed proportion means—
(a)  100%—for a licence commencing after 1 July but before 1 October, and
(b)  75%—for a licence commencing on or after 1 October but before 1 January (in the following year), and
(c)  50%—for a licence commencing on or after 1 January but before 1 April, and
(d)  25%—for a licence commencing on or after 1 April but before 1 July.
110   Grounds for refusal to issue commercial fishing licence to otherwise eligible applicant
For the purposes of section 104 (3) of the Act, the Minister is authorised to refuse to issue a commercial fishing licence to an eligible applicant if—
(a)  the applicant has been convicted of an offence under the Act or the regulations or an offence relating to commercial fishing operations under the law of the Commonwealth, another State, a Territory or New Zealand, or
(b)  the applicant has been convicted of an offence relating to the theft of fish, fishing gear or a boat or intentional damage to fishing gear or a boat, or
(c)  the applicant has been convicted of an offence under the Marine Estate Management Act 2014 or the regulations made under that Act, or
(d)  the applicant has been convicted of an offence relating to an assault on a fisheries official, or
(e)  the applicant has not paid any fee or contribution due and payable in connection with a commercial fishing licence, or
(f)  the Minister is satisfied that the applicant has not demonstrated the capacity or qualifications necessary to enable the individual to successfully engage in commercial fishing operations, or
(g)  the applicant has made a statement in connection with the application for the licence that is, in the opinion of the Minister, false or misleading in a material particular, or
(h)  the applicant has previously held a commercial fishing licence that has been cancelled or holds a commercial fishing licence that is currently suspended, or
(i)  the applicant has been required to forfeit any shares in a share management fishery under the Act.
111   Conditions of commercial fishing licence
(1)  For the purposes of section 104 (4) (a) of the Act, the following conditions are prescribed—
(a)  the holder of the licence must not engage any person as a crew member unless the holder is satisfied that the person has the necessary skills, experience or capacity to participate successfully in fishing operations authorised by the licence,
(b)  the holder of the licence must not use any unlicensed crew member on a boat being used by the licensee to take fish, unless the boat is being used as follows—
(i)  to take abalone in the abalone share management fishery in accordance with paragraph (c),
(ii)  to take yabbies or carp in the inland restricted fishery in accordance with paragraph (d),
(iii)  to take sea urchin or turban shell in the sea urchin and turban shell restricted fishery in accordance with paragraph (e),
(c)  the holder of the licence, being a licence that is endorsed under the Act for the taking of abalone in the abalone share management fishery, must not use any unlicensed crew member on a boat being used by the licence holder for the taking of abalone from the fishery, unless the crew member is assisting the licence holder in the operation of the boat or other fishing equipment and is not taking abalone from the fishery on the licence holder’s behalf,
(d)  the holder of the licence must not use any unlicensed crew member on a boat being used by the licence holder to take yabbies or carp in the inland restricted fishery unless—
(i)  if the boat is being used to take yabbies, the licence holder is using no more than 1 unlicensed crew member to assist in that purpose and the licence holder is authorised to take yabbies in the inland restricted fishery under a class A endorsement in the fishery, or
(ii)  if the boat is being used to take carp, the licence holder is authorised to take carp in the inland restricted fishery under a class A, class B or class D endorsement in the fishery,
(e)  the holder of the licence, being a licence that is endorsed under the Act for the taking of sea urchin or turban shell (or both) in the sea urchin and turban shell restricted fishery, must not use any unlicensed crew member on a boat being used by the licence holder for the taking of sea urchin or turban shell from the fishery unless the crew member is assisting the licence holder in the operation of the boat or other fishing equipment and is not taking sea urchin or turban shell from the fishery on the licence holder’s behalf,
(f)  the holder of the licence must co-operate with, and provide any assistance reasonably required by, a fisheries officer or other person exercising functions conferred by the Act or the regulations,
(g)  the holder of the licence must take all reasonable steps to ensure that all members of the crew, while assisting the holder of the licence to take fish, co-operate with, and provide any assistance reasonably required by, a fisheries officer or other person exercising functions conferred by the Act or the regulations.
(2)  In this clause, a reference to an unlicensed crew member is a reference to a crew member who is not the holder of a commercial fishing licence.
Note—
Additional licence conditions apply to endorsement holders in restricted fisheries (see Part 9) or share management fisheries (see the share management plans for those fisheries).
112   Renewal of commercial fishing licence
(1)  The holder of a commercial fishing licence may apply in writing to the Minister for the renewal of the licence.
(2)  The fee for an application for the renewal of a Class 1 commercial fishing licence is the amount specified in Schedule 6.
(3)  The Minister may refuse to renew the licence if—
(a)  the applicant has been convicted of an offence under the Act or the regulations or an offence relating to commercial fishing operations under the law of the Commonwealth, another State, a Territory or New Zealand, or
(b)  the applicant has been convicted of an offence relating to the theft of fish, fishing gear or a boat or intentional damage to fishing gear or a boat, or
(c)  the applicant has been convicted of an offence relating to an assault on a fisheries official, or
(d)  the applicant has, in the opinion of the Minister, contravened a condition of the licence or of an endorsement on that licence or of an approval granted under section 37 of the Act, or
(e)  the application for renewal of the licence is received by the Minister after the expiry date of the licence, or
(f)  the applicant has made a statement in connection with the application for renewal of the licence that is, in the opinion of the Minister, false or misleading in a material particular, or
(g)  the applicant has been convicted of an offence under the Marine Estate Management Act 2014 or the regulations made under that Act, or
(h)  the applicant has been required to forfeit any shares in a share management fishery under the Act, or
(i)  the applicant is not authorised, by or under section 103 (2) of the Act, to hold a commercial fishing licence, or
(j)  the applicant has not paid any fee or contribution due and payable in connection with the renewal of the licence.
(4)  The Minister may renew a licence for a period of 1 year or such other period as is specified in the licence.
(5)  If an application is duly made for renewal of a commercial fishing licence and is received by the Minister before the expiration of the period in which it remains in force, and the licence is not renewed before the expiration of that period, the licence—
(a)  is taken to continue in force until the licence is renewed or the application for renewal is refused, and
(b)  may be renewed despite the fact that, but for this subclause, the licence would have expired.
(6)  An application for renewal of a commercial fishing licence received by the Minister after the expiry date of the licence may be treated as an application for the issue of a commercial fishing licence, and in such a case the fee payable in respect of the application is the fee for the application for the issue of a commercial fishing licence under clause 109.
113   Grounds for suspension or cancellation of licence
For the purposes of section 104 (4) (e) of the Act, the Minister may cancel or suspend a commercial fishing licence if—
(a)  the holder of the licence has been convicted of an offence under the Act or the regulations or an offence relating to commercial fishing operations under the law of the Commonwealth, another State, a Territory or New Zealand, or
(b)  the holder of the licence has been convicted of an offence relating to the theft of fish, fishing gear or a boat or intentional damage to fishing gear or a boat, or
(c)  the holder of the licence has been convicted of an offence relating to an assault on a fisheries official, or
(d)  the holder of the licence has, in the opinion of the Minister, contravened a condition of the licence or of an endorsement on that licence or of an approval granted under section 37 of the Act, or
(e)  the holder of the licence has not paid any fee or contribution due and payable in connection with the licence, or
(f)  the holder of the licence made a statement in connection with the holder’s application for the issue or renewal of the licence that is, in the opinion of the Minister, false or misleading in a material particular, or
(g)  the holder of the licence is not authorised, by or under section 103 (2) of the Act, to hold a commercial fishing licence, or
(h)  the holder of the licence has requested in writing to the Minister that the licence be cancelled or suspended, or
(i)  the holder of the licence has been convicted of an offence under the Marine Estate Management Act 2014 or the regulations made under that Act.
114   Unlicensed crew members must not sell fish
(1)  A person who is a member of a crew of a licensed fishing boat and who is unlicensed must not sell any fish taken by the person while working under the supervision of a holder of a licence.
Maximum penalty—100 penalty units.
(2)  This clause does not apply to an unlicensed person who is—
(a)  the owner of the fishing business in connection with which the fish were taken, or
(b)  the employer of the licence holder under whose supervision the fish were taken.
(3)  For the purposes of this clause, a person is unlicensed if the person does not hold a commercial fishing licence.
Division 2 Fishing boat licences
115   Declared commercial fishing boat activities
For the purposes of section 107 (2) of the Act, the following are commercial fishing boat activities for which a fishing boat licence is required (declared commercial fishing boat activities)—
(a)  taking abalone for sale in the abalone fishery under an endorsement,
(b)  taking lobster for sale in the lobster fishery under an endorsement,
(c)  taking fish for sale in the ocean trawl fishery under an inshore prawn endorsement, an offshore prawn endorsement or a fish northern zone endorsement using a boat that has a measured length exceeding 20 metres,
(d)  taking fish for sale in the ocean trawl fishery under a deepwater prawn endorsement,
(e)  taking fish for sale in the ocean trap and line fishery under an endorsement,
(f)  taking fish for sale in the estuary general fishery under an endorsement using a boat that has a measured length exceeding 10 metres,
(g)  taking fish for sale in the estuary prawn trawl fishery under an endorsement using a boat that has a measured length exceeding 10 metres,
(h)  taking fish for sale in the ocean hauling fishery under a garfish net (hauling) endorsement or a pilchard, anchovy and bait net (hauling) endorsement using a boat that has a measured length exceeding 20 metres,
(i)  taking fish for sale in the ocean hauling fishery under a purse seine net endorsement,
(j)  taking fish for sale in a restricted fishery under an endorsement,
(k)  landing fish in New South Wales that were taken from other waters (after the boat departed from a port in New South Wales).
Note—
It is a condition of an endorsement in some share management fisheries that the endorsement holder does not use a boat to take fish in the fishery if the boat exceeds a specified length unless exempted from that requirement under the share management plan for the fishery.
116   Fee for application for issue of fishing boat licence
(1)  The fee for an application for the issue of a fishing boat licence is the amount specified in Schedule 6, based on the maximum boat length specified on the licence rounded to the nearest centimetre (and an amount of 5 millimetres is to be rounded up).
(2)  If the licence is issued to have effect for a period of less than 12 months commencing on a date other than 1 July, the fee for an application is the prescribed proportion of the amount specified in Schedule 6.
(3)  If the licence is issued to have effect for a period exceeding 12 months commencing on a date other than 1 July, the fee for an application is total of the amount specified in Schedule 6 and the prescribed proportion of that amount.
(4)  If an amount calculated under this clause includes a fraction of a dollar, the amount is to be rounded down to the nearest whole dollar.
(5)  In this clause—
prescribed proportion means—
(a)  100%—for a licence commencing after 1 July but before 1 October, and
(b)  75%—for a licence commencing on or after 1 October but before 1 January (in the following year), and
(c)  50%—for a licence commencing on or after 1 January but before 1 April, and
(d)  25%—for a licence commencing on or after 1 April but before 1 July.
117   Grounds for refusal to issue fishing boat licence
(1)  For the purposes of section 108 (3) of the Act, the Minister is authorised to refuse to issue a fishing boat licence if—
(a)  the applicant’s claim for a fishing boat licence is not, in the opinion of the Minister, historically connected to a boat that was licensed under the Act at 5 February 2007, or
(b)  the applicant has made a statement in connection with the application for the licence that is, in the opinion of the Minister, false or misleading in a material particular, or
(c)  the applicant has previously held a fishing boat licence that has been suspended or cancelled by the Minister, or
(d)  the applicant fails to provide any information required by the Minister in connection with the application, or
(e)  the applicant has not paid any fee due and payable in connection with the fishing boat licence.
(2)  For the purposes of subclause (1) (a), the Minister is to determine whether or not an applicant’s claim is historically connected to a boat that was licensed under the Act at 5 February 2007 having regard to the records, kept by the Secretary, of the issue or renewal of fishing boat licences by the Minister, the sale of licensed fishing boats by fishing boat owners and the transfer of fishing boat licences (including the right to a fishing boat licence) by fishing boat licence holders that have occurred since 5 February 2007.
118   Form of licence
(1)  A fishing boat licence is to be issued or renewed in such form as the Minister approves.
(2)  Without limiting subclause (1), a licence may specify the following—
(a)  the maximum length or maximum hull units that apply in respect of the boat authorised under the licence,
(b)  the name of the boat,
(c)  the identifying number for the boat,
(d)  the measured length of the boat,
(e)  the hull units for the boat,
(f)  the hull identification number for the boat,
(g)  the engine power of the boat,
(h)  the name of the boat’s home port,
(i)  in the case of the following fisheries—any exemption code that applies in respect of the maximum boat length and the maximum boat length allowed under the exemption—
(i)  estuary general fishery,
(ii)  estuary prawn trawl fishery,
(iii)  ocean hauling fishery,
(iv)  ocean trap and line fishery,
(v)  ocean trawl fishery,
(vi)  southern fish trawl restricted fishery.
119   Conditions of fishing boat licences
(1)  For the purposes of section 108 (4) (a) of the Act, the following conditions are prescribed—
(a)  the licensed fishing boat and any dinghy or other vessel that is carried on the boat must comply with the boat marking requirements in clause 125,
(b)  the holder of the licence must not use a boat for declared commercial fishing boat activities that exceeds the maximum length or maximum hull units specified in the licence,
(c)  the holder of the licence must notify the Secretary of any change to the information about the boat specified in the licence before using the boat for declared commercial fishing boat activities or within 7 days of the change, whichever occurs first,
(d)  the holder of the licence must notify the Minister, in writing, within 30 days of the licensed fishing boat being disposed of, destroyed or lost at sea.
(2)  The conditions prescribed by this clause are in addition to any conditions prescribed by a share management plan.
120   Renewal of fishing boat licence
(1)  The holder of a fishing boat licence may apply in writing to the Minister for the renewal of the licence.
(2)  The fee payable for an application for the renewal of a fishing boat licence is the amount specified in Schedule 6.
(3)  The fee payable is based on the maximum boat length specified on the licence rounded to the nearest centimetre (and an amount of 5 millimetres is to be rounded up).
(4)  The Minister may refuse to renew the licence if—
(a)  the application for renewal of the licence is received by the Minister after the date the licence expires, or
(b)  the holder of the licence has, in the opinion of the Minister, contravened a condition of the licence, or
(c)  the applicant has made a statement in connection with the application for the licence that is, in the opinion of the Minister, false or misleading in a material particular, or
(d)  the applicant fails to provide any information required by the Minister in connection with the application, or
(e)  the applicant has not paid any fee due and payable in connection with a fishing boat licence.
(5)  The Minister may renew a licence for a period of 1 year or such other period as is specified in the licence.
(6)  If an application is duly made for renewal of a fishing boat licence and is received by the Minister before the expiration of the period in which it remains in force, and the licence is not renewed before the expiration of that period, the licence—
(a)  is taken to continue in force until the licence is renewed or the application for renewal is refused, and
(b)  may be renewed despite the fact that, but for this subclause, the licence would have expired.
(7)  An application for renewal of a fishing boat licence received by the Minister after the date the licence expires may be treated as an application for the issue of a fishing boat licence and in such a case the fee payable in respect of the application is to be calculated in accordance with clause 116.
121   Grounds for suspension or cancellation of fishing boat licence
For the purposes of section 108 (4) (d) of the Act, the Minister may cancel or suspend a fishing boat licence if—
(a)  the holder of the licence made a statement in connection with the holder’s application for the issue or renewal of the licence that is, in the opinion of the Minister, false or misleading in a material particular, or
(b)  the holder of the licence has, in the opinion of the Minister, contravened a condition of the licence, or
(c)  the boat has been seized under section 265 of the Act, or
(d)  the holder of the licence has not paid any fee due and payable in connection with the issue or renewal of the licence, or
(e)  the boat does not comply with the maximum length or maximum hull units specified on the licence, or
(f)  the holder of the licence has requested in writing to the Minister that the licence be cancelled or suspended.
122   Transfer of fishing boat licence
(1)  The Secretary may approve the transfer of a fishing boat licence in accordance with this clause.
(2)  An application for approval of the transfer of a fishing boat licence may be made in writing to the Secretary jointly by the holder of the fishing boat licence and a person intending to acquire that licence.
(3)  The fee payable in respect of an application for approval of the transfer of a fishing boat licence is the amount specified in Schedule 6.
(4)  The Secretary may approve the transfer, or may refuse to approve the transfer, of a fishing boat licence to the person.
(5)  The Secretary may refuse to approve the transfer on any of the grounds on which the Minister could refuse to approve the issue of a fishing boat licence to the person.
(6)  If the transfer of a fishing boat licence, which has an exemption from the maximum boat specifications specified on it, is approved, the transferee’s licence is to have the same exemption specified on it.
(7)  Nothing in this clause affects the power of the Minister to refuse to issue a licence as authorised by clause 117.
(8)  This clause applies to a licence whether or not it is suspended.
123   Boats taken to be licensed under Act
For the purposes of section 107 (4) of the Act, a boat that is licensed or otherwise authorised to be used for the purpose of taking fish under a law of the Commonwealth or of another State or a Territory is taken to be a licensed fishing boat under the Act but only for the purpose of landing fish in New South Wales that were taken from waters to which the Act does not apply.
124   Determining boat length and hull units
(1)  This clause applies for the purpose of determining the measured length and hull units of a boat.
(2)  The measured length of a boat is to be determined in accordance with the National Standard for Commercial Vessels.
(3)  If a certificate of survey has been issued in respect of a boat, the measured length of the boat is taken to be the measured length of the boat as specified on the most recent certificate of survey for the boat.
(4)  The hull units of a boat are to be determined as follows—
 
where—
H is the hull units of a boat.
L is the measured length of the boat.
D is the moulded depth of the boat, determined in accordance with the National Standard for Commercial Vessels.
B is the moulded breadth of the boat, determined in accordance with the National Standard for Commercial Vessels.
(5)  In this clause, National Standard for Commercial Vessels means the National Standard for Commercial Vessels within the meaning of the Marine Safety (Domestic Commercial Vessel) National Law of the Commonwealth.
125   Boat marking requirements for commercial fishing boats
(1)  A person must not operate a boat that displays the letters “LFB” in any waters if the boat is not being used for a commercial fishing boat activity.
Maximum penalty—50 penalty units.
(2)  The owner of a boat must not cause or permit the letters “LFB” to be displayed on a boat in any waters if the boat is not being used for a commercial fishing boat activity.
Maximum penalty—50 penalty units.
(3)  For the purposes of section 109 of the Act—
(a)  a boat being used for declared commercial fishing boat activities must display, on both sides of the outside of the bow or wheelhouse, the letters “LFB” followed by the identifier issued for the boat by the Secretary, and
(b)  a boat being used for commercial fishing boat activities that have not been declared must display, on both sides of the outside of the bow or wheelhouse, the letters “LFB”, and
(c)  a dinghy or other vessel carried on a boat being used for declared commercial fishing boat activities must display, on both sides of the outside of the dinghy or vessel, the letter “D” followed by the identifier issued for the boat by the Secretary, and
(d)  a dinghy or other vessel carried on a boat being used for commercial fishing boat activities that have not been declared must display, on both sides of the outside of the dinghy or vessel, the letter “D”.
(4)  The markings must consist of clearly visible letters and figures that are of a colour that contrasts with that of the boat, dinghy or other vessel and that are—
(a)  in the case of a boat that is more than 7.5 metres long and is used in ocean waters—not less than 300 mm in height and 150 mm in width, or
(b)  in the case of a dinghy or other vessel carried on any boat—not less than 50 mm in height, or
(c)  in the case of any other boat—not less than 150 mm in height.
Part 9 Restricted fisheries
Division 1 Sea urchin and turban shell restricted fishery
126   Definitions
In this Division—
endorsement means an endorsement on a commercial fishing licence that authorises the holder of the licence to take sea urchin or turban shell (or both) for sale.
endorsement holder means the holder of a commercial fishing licence that has an endorsement.
entitlement holder means a person who is eligible for an endorsement in the fishery, but does not include any person who is eligible for an endorsement only because the person is the nominated fisher of another person.
fishing period means each period of 12 months commencing on 1 January and ending on 31 December or such other period as the Minister may determine after consultation with any relevant advisory council or advisory group.
nominated fisher of a fishing business owner means a person nominated in accordance with Division 4 to take fish in the restricted fishery.
restricted fishery means the sea urchin and turban shell restricted fishery.
sea urchin fishing business owner means the owner of a fishing business the components of which include a sea urchin endorsement.
127   Sea urchin and turban shell are a restricted fishery
For the purposes of section 111 of the Act, sea urchin and turban shell are declared to be a restricted fishery.
128   Types of endorsement in restricted fishery
The following classes of endorsement are available in the restricted fishery—
(a)  a sea urchin endorsement that authorises the holder to take sea urchin for sale,
(b)  a turban shell endorsement that authorises the holder to take turban shell for sale.
129   Eligibility for endorsements
(1)  A person who, immediately before 1 September 2019, was eligible for an endorsement in the restricted fishery remains eligible for that endorsement, subject to this clause.
(2)  If a fishing business owner transfers an endorsement that is a component of a fishing business to another person, in accordance with the fishing business transfer rules—
(a)  the fishing business owner, or any nominated fisher of the fishing business owner, ceases to be eligible for that endorsement, and
(b)  the person to whom the endorsement is transferred becomes eligible for an endorsement of the same kind.
(3)  A person whose endorsement is cancelled by the Minister under this Division (otherwise than because the person has ceased to be eligible for an endorsement) is taken, on that cancellation, to cease to be eligible for the endorsement.
Note—
Historically, eligibility for an endorsement was determined on the basis of shareholdings in the abalone fishery (which previously formed part of the sea urchin and turban shell restricted fishery).
130   Public tender for issue of further endorsements
(1)  The Minister may, at any time after considering the status of stock levels in the restricted fishery, call for public tenders for the issue of further endorsements in the restricted fishery.
(2)  Notice of the public tender is to be published in the Gazette.
(3)  The conditions of the public tender are to be determined by the Minister and published in the Gazette notice.
(4)  A person is eligible for an endorsement in the restricted fishery if the person is a successful tenderer.
131   Endorsement of commercial fishing licences
(1)  The Minister may endorse the commercial fishing licence of a person only if—
(a)  the person satisfies the eligibility requirements for an endorsement, and
(b)  any fee or contribution due and payable in connection with the endorsement has been paid.
(2)  The Minister may refuse to endorse the commercial fishing licence of a person who is otherwise eligible if—
(a)  the person or, if the person is a nominated fisher, the entitlement holder who nominated the person has been convicted of an offence against the Act or the regulations or an offence relating to commercial fishing operations under a law of the Commonwealth, of another State, a Territory or of New Zealand, or
(b)  the person or, if the person is a nominated fisher, the entitlement holder who nominated the person has been convicted of an offence relating to the theft of fish, fishing gear or a boat or intentional damage to fishing gear or a boat, or
(c)  the person or, if the person is a nominated fisher, the entitlement holder who nominated the person has been convicted of an offence under the Marine Estate Management Act 2014 or the regulations made under that Act, or
(d)  the person or, if the person is a nominated fisher, the entitlement holder who nominated the person has, in the opinion of the Minister, contravened a condition of an endorsement or a commercial fishing licence, or
(e)  the person has previously held an endorsement which has been suspended or cancelled by the Minister.
(3)  An application for an endorsement is to be made to the Minister in a form approved by the Secretary.
132   Duration of endorsement
An endorsement takes effect from the date it is given and—
(a)  remains in force (except while suspended or after being cancelled) for the period specified in the endorsement, and
(b)  may be renewed by the grant of an endorsement for a further period.
133   Cancellation and suspension of endorsements
The Minister may suspend or cancel an endorsement if—
(a)  the endorsement holder or, if the endorsement holder is a nominated fisher, the entitlement holder who nominated the endorsement holder has been convicted of an offence against the Act or the regulations or an offence relating to commercial fishing operations under a law of the Commonwealth, of another State, a Territory or of New Zealand, or
(b)  the endorsement holder or, if the endorsement holder is a nominated fisher, the entitlement holder who nominated the endorsement holder has been convicted of an offence relating to the theft of fish, fishing gear or a boat or intentional damage to fishing gear or a boat, or
(c)  the endorsement holder or, if the endorsement holder is a nominated fisher, the entitlement holder who nominated the endorsement holder has been convicted of an offence under the Marine Estate Management Act 2014 or the regulations made under that Act, or
(d)  the endorsement holder or, if the endorsement holder is a nominated fisher, the entitlement holder who nominated the endorsement holder has, in the opinion of the Minister, contravened a condition of an endorsement or a commercial fishing licence, or
(e)  the endorsement holder has not paid any fee or contribution due and payable in connection with the endorsement, or
(f)  the endorsement holder ceases to be eligible for an endorsement.
134   TAF Committee to make TAC determination for red sea urchin
(1)  The TAF Committee is required to make a TAC determination for red sea urchin.
(2)  A TAC determination is to be made in respect of each fishing period.
Note—
Under section 40K of the Act, the Minister may direct the TAF Committee as to the matters to be taken into account when making a fishing determination.
135   Allocation of quota for red sea urchin
(1)  The Secretary is required to allocate the TAC determination for red sea urchin among the sea urchin fishing business owners, subject to any direction given by the Minister under section 40Q (3) of the Act.
(2)  The whole of the TAC determination is not required to be allocated.
(3)  The TAC determination is to be allocated to sea urchin fishing business owners equally between sea urchin fishing businesses.
(4)  The Secretary may, at any time during a fishing period, adjust the quota of a sea urchin fishing business owner to rectify any errors in the calculation of the quota in the fishing period or in a previous fishing period.
(5)  This clause also applies to any interim TAC determination for red sea urchin made by the Secretary under section 40I of the Act.
136   Sea urchin fishing business owner to notify nominated fishers of quota
(1)  A sea urchin fishing business owner who is notified of an allocation of quota by the Secretary under section 40R of the Act must, as soon as reasonably practicable, ensure each nominated fisher of the fishing business owner is notified of the particulars of the quota.
Maximum penalty—10 penalty units.
(2)  A sea urchin fishing business owner who transfers or acquires quota under clause 137 must, as soon as reasonably practicable, ensure each nominated fisher of the fishing business owner is notified of the particulars of the quota transfer.
Maximum penalty—10 penalty units.
137   Transfer of quota
(1)  Quota may be transferred only between sea urchin fishing business owners.
(2)  Quota may be transferred only within the fishing period to which the quota applies.
Note—
A sea urchin fishing business owner is not authorised—
(a)  to transfer to the next fishing period any part of the fishing business owner’s quota for the current fishing period that is not taken during the current fishing period, or
(b)  to transfer to the current fishing period part of the fishing business owner’s quota for the next fishing period.
(3)  For the purposes of section 40U (3) of the Act, the fee for a manual transfer of quota is the amount specified in Schedule 6.
Note—
No fee is prescribed under section 40U (2) of the Act for an electronic transfer of quota using the online transfer system.
138   Allocation of quota following replacement TAC determination
(1)  If an interim TAC determination for a fishing period is subsequently replaced by a TAC determination made by the TAF Committee for the same fishing period, the Minister may give directions to the Secretary as to the manner in which the Secretary is to allocate the replacement TAC determination among sea urchin fishing business owners.
(2)  Without limiting subclause (1), a direction may require the Secretary to have regard to the following—
(a)  any quota of red sea urchin taken by a sea urchin fishing business owner during the interim fishing period,
(b)  the transfer of any quota between sea urchin fishing business owners during the interim fishing period,
(c)  the transfer of any sea urchin endorsements during the interim fishing period.
(3)  In this clause—
interim fishing period means the part of a fishing period in respect of which an interim TAC determination was in force.
interim TAC determination means an interim TAC determination made by the Secretary under section 40I of the Act.
139   Special licence conditions for licence holders who nominate fishers
For the purposes of section 104 (4) (a) of the Act, it is a condition of a commercial fishing licence that the licensee, if the licensee has duly nominated another commercial fisher to take sea urchin or turban shell (or both) on the licensee’s behalf—
(a)  must not assist, encourage or permit that commercial fisher to contravene the Act or the regulations or the conditions of that other fisher’s commercial fishing licence or of an endorsement on that licence in connection with the taking of such sea urchin or turban shell, and
(b)  must take all reasonable steps to ensure that the other commercial fisher does not contravene the Act or the regulations or the conditions of that other fisher’s commercial fishing licence or of an endorsement on that licence in connection with the taking of sea urchin or turban shell.
140   Waters closed to taking of sea urchins and turban shells
For the purposes of section 20 (2) of the Act, it is declared that the waters specified in the Table to this clause are waters in which the taking of sea urchins and turban shells by any method is prohibited.
Table
Waters
Description
Sandon to Red Rock
The whole of the waters between a line drawn east from the point 153°19′57.9648″ east, 29°40′25.8456″ south, and a line drawn east from the point 153°14′03.4764″ east, 29°58′52.014″ south.
Red Rock to Coffs Harbour
The whole of the waters between a line drawn east from the point 153°14′03.4764″ east, 29°58′52.014″ south, and a line drawn east from the point 153°09′11.6064″ east, 30°18′31.8888″ south.
Seal Rocks to Broughton Island
The whole of the waters between a line drawn east from the point 152°32′09.9384″ east, 32°26′02.3964″ south and a line drawn east from the point 152°17′16.75″ east, 32°35′25.0044″ south.
Ex-HMAS Adelaide Reserve
The whole of the waters enclosed by the following coordinates—
(a)  33°27.887′ S and 151°27.301′ E,
(b)  33°27.767′ S and 151°27.374′ E,
(c)  33°27.852′ S and 151°27.574′ E,
(d)  33°27.973′ S and 151°27.502′ E.
Broken Bay to Sydney Harbour
The whole of the waters between a line drawn east from the point 151°19′43.8888″ east, 33°34′40.7532″ south, and a line drawn east from the point 151°16′51.2508″ east, 33°49′58.152″ south.
Sydney Harbour to Bondi Beach
The whole of the waters between a line drawn east from the point 151°16′51.2508″ east, 33°49′58.152″ south, and a line drawn east from the point 151°16′37.146″ east, 33°53′30.9696″ south.
Bondi Beach to Botany Bay
The whole of the waters between a line drawn east from the point 151°16′37.146″ east, 33°53′30.9696″ south, and a line drawn east from the point 151°13′19.992″ east, 34°00′05.364″ south.
Bombo Beach to Werri Beach
The whole of the waters between a line drawn east of the point 150°51′23.0616″ east, 34°39′26.8029″ south and a line drawn east of the point 150°50′06.7020″ east, 34°44′04.1820″ south.
Currarong to Point Perpendicular
The whole of the waters between a line drawn east from the points 150°49′20.4636″ east, 34°58′58.6668″ south, and 150°49′20.4636″ east, 35°00′49.5396″ south and a line drawn east from the point 150°48′16.236″ east, 35°05′39.9084″ south.
Inside Jervis Bay
The whole of the waters between a line drawn east from the point 150°48′16.236″ east, 35°05′39.9084″ south, and a line drawn east from the point 150°46′06.0456″ east, 35°06′43.992″ south.
Malua Bay to Burrewarra Point
The whole of the waters between a line drawn east from the point 150°13′51.1356″ east, 35°47′34.5696″ south, and a line drawn east from the point 150°14′07.7244″ east, 35°50′06.0324″ south.
Cuttagee Point to Thibbul Inlet (Murrah)
The whole of the waters between a line drawn east from the point 150°03′18.2196″ east, 36°29′16.6056″ south and a line drawn east from the point 150°03′27.1296″ east, 36°31′32.7576″ south.
Bithry Inlet to Barounda Inlet
The whole of the waters between a line drawn east from the point 150°01′12.2052″ east, 36°37′46.8768″ south, and a line drawn east from the point 149°59′41.7444″ east, 36°41′09.3264″ south.
Mowarry Point to Saltwater Beach
The whole of the waters between a line drawn east from the point 150°00′16.5996″ east, 37°08′29.1552″ south, and a line drawn east from the point 150°00′11.484″ east, 37°10′10.8336″ south.
Black Head Anchorage to Nadgee Lake
The whole of the waters between a line drawn east from the point 149°58′21.5148″ east, 37°26′26.358″ south, and a line drawn east from the point 149°58′21.1764″ east, 37°27′54.9648″ south.
141   Reports to be made before taking sea urchin and turban shell
(1)  For the purposes of section 124A (1) of the Act, an endorsement holder is required to provide the following information to the Secretary in relation to each occasion on which the endorsement holder proposes to take sea urchin or turban shell under the endorsement (a pre-fishing 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 number of the licence for the boat being used by the endorsement holder to take sea urchin or turban shell,
(e)  where the endorsement holder intends to come ashore after having taken sea urchin or turban shell.
(2)  For the purposes of section 124A (3) (a) of the Act, a pre-fishing report must be made before—
(a)  the boat being used by the endorsement holder to take sea urchin or turban shell enters the water, or
(b)  the endorsement holder enters the water to take sea urchin or turban shell,
whichever occurs first.
142   Reports of sea urchin and turban shell catch
(1)  For the purposes of section 124A (1) of the Act, an endorsement holder is required to provide the following information to the Secretary in relation to each occasion on which the endorsement holder takes sea urchin or turban shell (a 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 any catch of red sea urchin,
(d)  where the endorsement holder came ashore.
(2)  For the purposes of section 124A (3) (a) of the Act, a catch report must be made—
(a)  before the endorsement holder moves more than 50 metres from where the endorsement holder came ashore, or
(b)  before any of the catch is taken out of New South Wales, or
(c)  within 30 minutes of the endorsement holder coming ashore,
whichever occurs first.
(3)  For the purposes of section 112 (2) of the Act, it is a condition of an endorsement that the endorsement holder must remain in the immediate vicinity of the catch until the catch report has been made.
(4)  For the purposes of this clause and clause 143, the weight of a catch of red sea urchin is to be determined by accurate scales and rounded to 1 decimal place.
143   Reporting when real time reporting system not available
For the purposes of section 124A (4) of the Act, if an endorsement holder cannot make a pre-fishing report or a catch report 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.
Division 2 Southern fish trawl restricted fishery
144   Definitions
In this Division—
endorsement means a southern fish trawl endorsement.
Note—
A southern fish trawl endorsement is defined in clause 3 (1) as an endorsement that authorises the taking of fish for sale in the southern fish trawl restricted fishery.
endorsement holder means the holder of a commercial fishing licence that has an endorsement.
entitlement holder means a person who is eligible for an endorsement in the fishery, but does not include any person who is eligible for an endorsement only because the person is the nominated fisher of another person.
nominated fisher of a fishing business owner means a person who has been nominated in accordance with Division 4 to take fish for sale in the restricted fishery.
restricted fishery means the southern fish trawl restricted fishery.
southern fish trawl fishery means the fishery described in clause 145.
145   Southern fish trawl fishery is a restricted fishery
(1)  For the purposes of section 111 of the Act, the southern fish trawl fishery is declared to be a restricted fishery.
(2)  The southern fish trawl fishery comprises the use of an otter trawl net (fish) or a danish seine trawl net (fish) to take fish (other than prawns) from ocean waters that are not more than 3 nautical miles from the natural coast line and are south of a line drawn due east of Barrenjoey Headland.
146   Eligibility for endorsements
(1)  A person who, immediately before 1 September 2019, was eligible for a southern zone endorsement in the ocean fish trawl restricted fishery remains eligible for an endorsement in the restricted fishery, subject to this clause.
(2)  If a fishing business owner transfers an endorsement that is a component of a fishing business to another person, in accordance with the fishing business transfer rules—
(a)  the fishing business owner, or any nominated fisher of the fishing business owner, ceases to be eligible for that endorsement, and
(b)  the person to whom the endorsement is transferred becomes eligible for an endorsement of the same kind.
(3)  A person whose endorsement is cancelled by the Minister under this Division (otherwise than because the person has ceased to be eligible for an endorsement) is taken, on that cancellation, to cease to be eligible for the endorsement.
Note—
Historically, eligibility for an endorsement was determined on the basis of catch history in the fishery and other matters.
147   Application for endorsements
(1)  The Minister may endorse the commercial fishing licence of a person only if—
(a)  the person satisfies the eligibility requirements for an endorsement, and
(b)  any fee or contribution due and payable in connection with the endorsement has been paid.
(2)  The Minister may refuse to endorse the commercial fishing licence of a person who is otherwise eligible if—
(a)  the person or, if the person is a nominated fisher, the entitlement holder who nominated the person has been convicted of an offence against the Act or the regulations or an offence relating to commercial fishing operations under a law of the Commonwealth, of another State, a Territory or of New Zealand, or
(b)  the person or, if the person is a nominated fisher, the entitlement holder who nominated the person has been convicted of an offence relating to the theft of fish, fishing gear or a boat or intentional damage to fishing gear or a boat, or
(c)  the person or, if the person is a nominated fisher, the entitlement holder who nominated the person has been convicted of an offence under the Marine Estate Management Act 2014 or the regulations made under that Act, or
(d)  the person or, if the person is a nominated fisher, the entitlement holder who nominated the person has, in the opinion of the Minister, contravened a condition of an endorsement or a commercial fishing licence, or
(e)  the person has previously held an endorsement that has been suspended or cancelled by the Minister.
148   Duration of endorsement
An endorsement takes effect from the date it is given and—
(a)  remains in force (except while suspended or after being cancelled) for the period specified in the endorsement, and
(b)  may be renewed by the grant of an endorsement for a further period.
149   Cancellation and suspension of endorsements
The Minister may cancel or suspend an endorsement if—
(a)  the endorsement holder or, if the endorsement holder is a nominated fisher, the entitlement holder who nominated the endorsement holder has been convicted of an offence against the Act or the regulations or an offence relating to commercial fishing operations under a law of the Commonwealth, of another State, a Territory or of New Zealand, or
(b)  the endorsement holder or, if the endorsement holder is a nominated fisher, the entitlement holder who nominated the endorsement holder has been convicted of an offence relating to the theft of fish, fishing gear or a boat or intentional damage to fishing gear or a boat, or
(c)  the endorsement holder or, if the endorsement holder is a nominated fisher, the entitlement holder who nominated the endorsement holder has been convicted of an offence under the Marine Estate Management Act 2014 or the regulations made under that Act, or
(d)  the endorsement holder or, if the endorsement holder is a nominated fisher, the entitlement holder who nominated the endorsement holder has, in the opinion of the Minister, contravened a condition of an endorsement or a commercial fishing licence, or
(e)  the endorsement holder has not paid any fee or contribution due and payable in connection with the endorsement, or
(f)  the endorsement holder ceases to be eligible for an endorsement.
150   Boat capacity restrictions
(1)  For the purposes of section 112 (2) of the Act, it is a condition of an endorsement that the endorsement holder does not use a boat to take fish in the restricted fishery if the boat has a length exceeding 20 metres (the maximum boat length).
(2)  The maximum boat length does not apply in respect of a boat if—
(a)  it is exempted from the maximum boat length in accordance with exemption criteria determined by the Secretary, and
(b)  that exemption is specified on the fishing boat licence for the boat by the Minister using the code “OT”.
(3)  In the case of a boat so exempted, 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.
151   Use of fish spikes and other implements
(1)  An endorsement holder must not, while on board a boat being used to take fish in the restricted fishery, use any of the following to pierce, impale, beat or otherwise injure any fish or other organism taken in any catch—
(a)  a knife, fish spike or similar implement,
(b)  a club or similar implement.
(2)  Subclause (1) does not apply to the use of a knife, fish spike or similar implement to kill or process any fish taken in any catch that are to be retained.
(3)  It is a condition of an endorsement that the endorsement holder does not contravene this clause.
152   Waters closed to ocean trawling
For the purposes of section 20 (2) of the Act, it is declared that the waters specified in the Table to this clause are waters in which the class of commercial fishing that consists of the taking of fish by commercial fishers by use of an otter trawl net (fish) or a danish seine trawl net (fish) is prohibited.
Table
Waters
Description
Magic Point (Maroubra)
The whole of the waters extending 200 metres in all directions around a point centred on a coordinate at 151°15.864′E, 33°57.359′S, excluding the waters within 50 metres of the mainland shore.
Port Kembla (Red Point to Windang Island)
The whole of the waters west of a line drawn from the easternmost extremity of Red Point south to the easternmost extremity of Windang Island.
Twofold Bay
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).
Merimbula Bay
The whole of the waters of Merimbula Bay together with its bays and inlets west of a line drawn from the eastern extremity of Long Point southerly to the easternmost extremity of Haycock Point.
153   Bag limits for certain species
(1)  For the purposes of sections 17 (1) and 17B (1) (a) of the Act, the Table to this clause specifies the daily limit and possession limit that apply to endorsement holders in respect of a particular species of fish when taken from the restricted fishery.
(2)  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 clause if the person charged satisfies the court that the fish were lawfully taken from outside the restricted fishery.
Table
Column 1
Column 2
Species
Daily limit and possession limit
Blue Swimmer Crab (Portunus armatus)
25 kg
Giant Mud Crab, Black Crab, Mangrove Crab (Scylla serrata)
0
Spanner Crab (Ranina ranina)
0
Longfin Eel (Anguilla reinhardtii)
0
Southern Shortfin Eel (Anguilla australis)
0
Eastern Sea Garfish (Hyporhamphus australis)
0
Wobbegong (Orectolobus spp.)
6 comprised of any single species or a combination of species
Division 3 Inland restricted fishery
154   Definitions
In this Division—
endorsement means an endorsement on a commercial fishing licence authorising the holder of the licence to take fish for sale in the restricted fishery.
endorsement holder means the holder of a commercial fishing licence that has an endorsement.
entitlement holder means a person who is eligible for an endorsement in the restricted fishery, but does not include any person who is eligible for an endorsement only because the person is the nominated fisher of another person.
inland fishery means the fishery described in clause 155.
nominated fisher of a fishing business owner means a person nominated in accordance with Division 4 to take fish in the restricted fishery.
restricted fishery means the inland restricted fishery.
155   Inland fishery is a restricted fishery
(1)  For the purposes of section 111 of the Act, the inland fishery is declared to be a restricted fishery.
(2)  The inland fishery comprises the following—
(a)  the taking of yabbies for sale from inland waters,
(b)  the taking of carp for sale from inland waters.
Note—
Inland waters are subject to prohibitions on commercial fishing under clause 18.
156   Types of endorsement in restricted fishery
The following classes of endorsement are available in the restricted fishery—
(a)  Class A: Yabby and carp endorsement (transferable) that authorises the holder to take yabbies and carp for sale from inland waters and is transferable in accordance with the fishing business transfer rules.
(b)  Class B: Carp endorsement (transferable) that authorises the holder to take carp for sale from inland waters and is transferable in accordance with the fishing business transfer rules.
(c)  Class D: Carp endorsement (non-transferable) that authorises the holder to take carp for sale from inland waters as specified in the endorsement and is not transferable.
157   Eligibility for endorsement
(1)  A person is eligible for a class A endorsement if the Minister is satisfied that, immediately before 1 September 2019, the person held a commercial fishing licence that authorised the person to take fish for sale from inland waters and the licence was unrestricted.
(2)  If a fishing business owner transfers a class A endorsement that is a component of a fishing business to another person, in accordance with the fishing business transfer rules—
(a)  the fishing business owner, or any nominated fisher of the fishing business owner, ceases to be eligible for that endorsement, and
(b)  the person to whom the endorsement is transferred becomes eligible for an endorsement of the same kind.
(3)  A person is eligible for a class B endorsement if the Minister is satisfied that the person is eligible for assistance under the scheme known as the Carp Production Incentive Scheme, conducted by the Department, or is a member of a group that is eligible for assistance under that scheme.
(4)  If a fishing business owner transfers a class B endorsement that is a component of a fishing business to another person, in accordance with the fishing business transfer rules—
(a)  the fishing business owner, or any nominated fisher of the fishing business owner, ceases to be eligible for that endorsement, and
(b)  the person to whom the endorsement is transferred becomes eligible for an endorsement of the same kind.
(5)  A person is eligible for a class D endorsement if the Minister is satisfied that, immediately before 1 September 2019, the person held a commercial fishing licence or permit that authorised the person to take carp for sale from inland waters.
(6)  A person is not eligible for an endorsement under this clause if the person enters into an agreement (whether before or after 1 September 2019) to surrender the person’s commercial fishing licence to the Secretary.
(7)  A person is not eligible for an endorsement if the person’s endorsement has been cancelled under this Division.
(8)  In this clause, unrestricted, in relation to a commercial fishing licence, means that the conditions of the licence do not prevent the person from taking any particular species of fish or require the person to take fish only while under supervision.
158   Ballot or tender for issue of further endorsements
(1)  The Minister may, at any time after considering the status of stock levels in the restricted fishery—
(a)  conduct a ballot for the issue of further class A or class B endorsements in the restricted fishery (or both), or
(b)  call for public tenders for the issue of further class A or class B endorsements in the restricted fishery (or both).
(2)  Notice of the ballot or public tender is to be published in the Gazette.
(3)  The conditions of the ballot or public tender are to be determined by the Minister and published in the Gazette notice.
(4)  A person is eligible for an endorsement in the restricted fishery if the person is successful in such a ballot or is a successful tenderer.
159   Class D endorsement—special grounds for eligibility
A person is eligible for a class D endorsement if—
(a)  the person is a natural person, and
(b)  the person prepares and submits a business strategy that sets out the carp fishing operations proposed to be undertaken by the person, and
(c)  the Secretary is satisfied that—
(i)  the person has experience with commercial fishing equipment, and
(ii)  the person is able to take carp in commercial quantities, and
(iii)  the person has an adequate strategy to minimise the accidental taking of species of fish other than carp, and
(iv)  the carp fishing operations proposed to be undertaken by the person are commercially viable and environmentally sustainable, and
(v)  the person satisfies the requirements of any licensing guidelines issued by the Secretary from time to time.
160   General restrictions on eligibility
Despite anything to the contrary in this Division, a person is not eligible for, and may not hold—
(a)  both a class A and a class B endorsement, or
(b)  both a transferable endorsement (that is, a class A or class B endorsement) and a non-transferable endorsement (that is, a class D endorsement).
161   Endorsements
(1)  The Minister may endorse the commercial fishing licence of a person only if—
(a)  the person satisfies the eligibility requirements for an endorsement, and
(b)  any fee or contribution due and payable in connection with the endorsement has been paid.
(2)  The Minister may refuse to endorse the commercial fishing licence of a person who is otherwise eligible if the person, or the entitlement holder who nominated the person—
(a)  has been convicted of an offence against the Act or the regulations or an offence relating to commercial fishing operations under a law of the Commonwealth, of another State, a Territory or of New Zealand, or
(b)  has been convicted of an offence relating to the theft of fish, fishing gear or a boat or intentional damage to fishing gear or a boat, or
(c)  has been convicted of an offence under the Marine Estate Management Act 2014 or the regulations made under that Act, or
(d)  has, in the opinion of the Minister, contravened a condition of an endorsement or a commercial fishing licence.
(3)  The Minister may refuse to endorse the commercial fishing licence of a person who is otherwise eligible if the person has previously held an endorsement that has been suspended or cancelled by the Minister.
162   Duration of endorsement
An endorsement takes effect from the date on which it is given and—
(a)  remains in force (except while suspended or after being cancelled) for the period specified in the endorsement, and
(b)  may be renewed by the grant of an endorsement for a further period.
163   Cancellation and suspension of endorsements
(1)  The Minister may cancel or suspend an endorsement held by a person if the endorsement holder, or the entitlement holder who nominated the endorsement holder—
(a)  has been convicted of an offence against the Act or the regulations or an offence relating to commercial fishing operations under a law of the Commonwealth, of another State, a Territory or of New Zealand, or
(b)  has been convicted of an offence relating to the theft of fish, fishing gear or a boat or intentional damage to fishing gear or a boat, or
(c)  has been convicted of an offence under the Marine Estate Management Act 2014 or the regulations made under that Act, or
(d)  has, in the opinion of the Minister, contravened a condition of an endorsement or a commercial fishing licence, or
(e)  has not paid any fee or contribution due and payable in connection with the endorsement, or
(f)  in the case of a class B endorsement—has, in the opinion of the Minister—
(i)  failed to comply with any agreement relating to the taking of carp that the holder made with the Secretary or with the Department, or
(ii)  not attempted to take carp for a period of 12 months, or
(g)  in the case of a class D endorsement—has, in the opinion of the Minister, not attempted to take carp for a period of 12 months.
(2)  The Minister may cancel or suspend an endorsement if the endorsement holder ceases to be eligible for an endorsement.
164   Transfer fee
(1)  The fee payable for an approval of a transfer of an endorsement is the amount specified in Schedule 6.
(2)  The fee is to be paid before the transfer is approved.
165   Endorsement holders must not take or possess native finfish
For the purpose of section 104 (4) (a) of the Act, it is a condition of a commercial fishing licence that has an endorsement that the licence holder does not—
(a)  take native finfish for sale, or
(b)  have native finfish in the licence holder’s possession for sale.
Note—
Contravention of a condition of a commercial fishing licence is an offence under section 104 (7) of the Act and attracts a maximum penalty of 100 penalty units. Contravention of a licence condition is also grounds for cancellation or suspension of an endorsement.
Section 105 of the Act provides that the fact that a person holds a commercial fishing licence is evidence that fish taken by the person or in the person’s possession were fish taken or in possession for sale.
Division 4 Nominated fishers
166   Definitions
In this Division—
fishing business owner means the owner of a fishing business the components of which include an endorsement in a restricted fishery.
nominated fisher means a person who has been duly nominated by a fishing business owner to take fish in a restricted fishery on behalf of the fishing business owner, under this Division.
167   Nomination of fishers to take fish in restricted fisheries
(1)  A fishing business owner may nominate another person to take fish on behalf of the fishing business owner in a restricted fishery under an endorsement.
(2)  A nominated fisher is eligible for an endorsement in a restricted fishery of the same kind as the endorsement for which the fishing business owner is eligible, or would be eligible (were it not for a nomination), during the period in which the nomination has effect.
(3)  A fishing business owner who nominates another person to take fish on behalf of the fishing business owner under an endorsement ceases to eligible for that endorsement, during the period in which the nomination has effect.
(4)  Despite the nomination, an endorsement remains a component of the fishing business in respect of which the nomination is made, and may be transferred by the fishing business owner in accordance with the fishing business transfer rules.
168   Procedure for nomination of fisher
(1)  The nomination of a person to take fish on behalf of a fishing business owner in a restricted fishery does not take effect until—
(a)  the nomination is given to the Secretary in the form and manner approved by the Secretary, and
(b)  if the fishing business owner has been issued with a fishing business card in respect of the fishing business to which the nomination applies, possession of the fishing business card is given to the nominated fisher.
(2)  A nomination has effect for a minimum period of 48 hours, or a lesser period approved by the Secretary.
(3)  If a nomination is revoked before the end of the period of 48 hours (or the lesser period approved by the Secretary), a further nomination cannot be made until the end of the relevant period.
169   One nominated fisher per fishing business
(1)  A person nominated to take fish on behalf of a fishing business owner must be nominated in respect of all endorsements in a restricted fishery that are a component of that fishing business and all shares that are a component of that fishing business.
(2)  A fishing business owner may nominate 1 (and not more than 1) person to take fish on behalf of the fishing business owner for each fishing business owned by that owner.
(3)  A nomination applies in respect of the fishing business indicated by the fishing business owner and operates to authorise a person to take fish only in respect of those endorsements (and shares) that are components of the relevant business.
(4)  A separate nomination must be made in respect of each separate fishing business.
(5)  If a person owns more than 1 fishing business the components of which include endorsements in a restricted fishery, either the same or a different person may be nominated in respect of each separate fishing business, subject to this clause.
170   Revocation of nomination of commercial fisher
(1)  A fishing business owner’s nomination of a person to take fish on behalf of the fishing business owner may be revoked—
(a)  by the fishing business owner, or
(b)  by the Secretary, if revocation by the Secretary is authorised by this clause.
(2)  A revocation of a nomination by a fishing business owner is to be made in a form and manner approved by the Secretary.
(3)  The fishing business owner must inform the nominated fisher of the revocation of the nomination.
(4)  The Secretary is authorised to revoke a fishing business owner’s nomination of a person to take fish on behalf of the fishing business owner (without the consent of the fishing business owner) if—
(a)  the nominated fisher requests the revocation, in a form and manner approved by the Secretary, or
(b)  the nominated fisher ceases to be the holder of a current Class 1 commercial fishing licence, or
(c)  there are grounds for suspending or cancelling the commercial fishing licence of the nominated fisher, or an endorsement on that commercial fishing licence (whether or not the licence or endorsement is in fact suspended or cancelled), or
(d)  the fishing business owner transfers the fishing business or any component of the fishing business to another person.
(5)  The Secretary revokes a nomination by giving the fishing business owner notice in writing of the revocation.
(6)  The Secretary must, by notice in writing, inform the person whose nomination has been revoked of that revocation.
(7)  A nomination of a fisher ceases to have effect when revoked under this clause.
Division 5 Miscellaneous
171   Cancellation of endorsement with consent of licence holder
The Minister may, with the consent of the holder of a commercial fishing licence, cancel any endorsement on that licence that authorises the holder to take fish for sale in a restricted fishery.
172   Endorsements do not authorise unlawful use of fishing gear
An endorsement on a commercial fishing licence that authorises the holder of the licence to take fish for sale, or to assist in taking fish for sale, in a restricted fishery using a net, trap or other fishing gear is subject to Part 3. That is, the endorsement does not authorise the use of a net, trap or other fishing gear contrary to that Part.
173   Maximum contribution by participants in restricted fisheries
For the purposes of section 115A (4A) of the Act, the maximum amount of contribution that the Minister may determine is payable under that section is as follows—
(a)  in the case of an owner of a fishing business a component of which is an endorsement authorising the taking of fish for sale in the sea urchin and turban shell restricted fishery or southern fish trawl restricted fishery—$1,184,
(b)  in the case of an owner of a fishing business a component of which is a class A endorsement authorising the taking of fish for sale in the inland restricted fishery—$1,184,
(c)  in the case of an owner of a fishing business a component of which is a class B or class D endorsement authorising the taking of fish for sale in the inland restricted fishery—$401.
Part 10 Fishing business transfer rules
Division 1 Transfer of restricted fishery endorsements
Note—
Endorsements in a restricted fishery are not transferable unless authorised by the regulations under section 114 of the Act.
174   Transfer of sea urchin and turban shell endorsements
(1)  For the purposes of section 114 of the Act, the transfer of a sea urchin endorsement or turban shell endorsement, in accordance with this clause, is authorised.
(2)  A sea urchin endorsement or turban shell endorsement that is a component of a fishing business may be transferred by the owner of the fishing business to another person only if—
(a)  all components of the fishing business are transferred to that person, or
(b)  the transfer is part of an arrangement for the endorsement concerned to be surrendered to the Minister for cancellation.
(3)  A sea urchin endorsement that is a component of a sea urchin fishing business may be transferred by the fishing business owner to another person only if all unused red sea urchin quota attached to the fishing business is transferred to the owner of another sea urchin fishing business.
Note—
If the transferor owns another sea urchin fishing business, the quota may be transferred to that other fishing business.
(4)  Subclause (3) does not authorise a transfer of quota otherwise than in accordance with Division 1 of Part 9.
(5)  In this clause—
(a)  red sea urchin quota is attached to a fishing business if it has been allocated to or acquired by the owner of that fishing business as the owner of that fishing business, and
(b)  sea urchin fishing business means a fishing business a component of which is a sea urchin endorsement.
Note—
Clause 129 provides that if the transfer of an endorsement is in accordance with this Part, the person who transfers the endorsement ceases to be eligible for that endorsement, and the person to whom the transfer is made becomes eligible for an endorsement of the same kind.
175   Transfer of southern fish trawl endorsements
(1)  For the purposes of section 114 of the Act, the transfer of a southern fish trawl endorsement, in accordance with this clause, is authorised.
(2)  A southern fish trawl endorsement that is a component of a fishing business may be transferred by the owner of the fishing business to another person (the transferee) only if—
(a)  all components of the fishing business are transferred to the transferee, or
(b)  all shares (if any) in the ocean trawl fishery that are components of the fishing business are transferred to the transferee and that transferee is, immediately before the transfer, an owner of a fishing business the components of which include a share in a relevant share management fishery, or
(c)  the transferee is, immediately before the transfer, a shareholder in the ocean trawl fishery, or
(d)  the transfer is part of an arrangement for the endorsement concerned to be surrendered to the Minister for cancellation.
(3)  In this clause, relevant share management fishery means the following—
(a)  the estuary general fishery,
(b)  the estuary prawn trawl fishery,
(c)  the ocean hauling fishery,
(d)  the ocean trap and line fishery,
(e)  the ocean trawl fishery.
Note—
Clause 146 provides that if the transfer of an endorsement is in accordance with this Part, the person who transfers the endorsement ceases to be eligible for that endorsement, and the person to whom the transfer is made becomes eligible for an endorsement of the same kind.
176   Transfer of class A or class B inland endorsements
(1)  For the purposes of section 114 of the Act, the transfer of a class A inland endorsement, or a class B inland endorsement, in accordance with this clause, is authorised.
(2)  A class A inland endorsement or a class B inland endorsement that is a component of a fishing business may be transferred by the owner of the fishing business to another person only if—
(a)  all components of the fishing business are transferred to that person, or
(b)  the transfer is part of an arrangement for the endorsement concerned to be surrendered to the Minister for cancellation.
(3)  In this clause—
class A inland endorsement means a class A endorsement that authorises the taking of fish for sale in the inland restricted fishery.
class B inland endorsement means a class B endorsement that authorises the taking of fish for sale in the inland restricted fishery.
Note—
Clause 157 provides that if the transfer of an endorsement is in accordance with this Part, the person who transfers the endorsement ceases to be eligible for that endorsement, and the person to whom the transfer is made becomes eligible for an endorsement of the same kind.
177   Effect of contravention
(1)  If an endorsement that is a component of a fishing business is transferred in contravention of this Division, the Minister may take 1 or more of the following actions—
(a)  cancel or refuse to renew any NSW fishing authority that is a component of the fishing business or of the fishing business of the other party to the transfer,
(b)  refuse to transfer, or to approve the transfer of, a NSW fishing authority that is a component of the fishing business, or refuse to issue a new NSW fishing authority to the other party to the transfer,
(c)  refuse to issue a new NSW fishing authority to a person who has previously held a NSW fishing authority that has been cancelled by the Minister under this clause,
(d)  impose (in accordance with the Act) conditions on any NSW fishing authority that is a component of the fishing business or of the fishing business of the other party to the transfer (or both), so as to restrict the fishing activities of the fishing business, or exercise any other powers conferred on the Minister by the Act so as to restrict the fishing activities of either or both fishing businesses.
(2)  The Secretary may refuse an application to revoke or amend a fishing business determination of a fishing business if satisfied that an endorsement that is a component of that fishing business has been transferred in contravention of this Division.
Division 2 Transfer of shares
178   Application of Division
(1)  For the purposes of section 34T of the Act, the owner of a fishing business may transfer shares that are a component of the fishing business only in accordance with this Division.
(2)  If the transfer of shares also involves a transfer of an endorsement in a restricted fishery, Division 1 must also be complied with.
(3)  Unless otherwise provided, this Division extends to the transfer of quota shares.
(4)  In this Division—
quota share means a quota share created and issued to a shareholder in a fishery under the management plan for the fishery (pursuant to section 71A of the Act).
relevant share management fishery means the following—
(a)  the estuary general fishery,
(b)  the estuary prawn trawl fishery,
(c)  the ocean hauling fishery,
(d)  the ocean trap and line fishery,
(e)  the ocean trawl fishery.
179   Transfer to owners in the same fishery
(1)  This clause applies in respect of the transfer of shares in a relevant share management fishery only.
(2)  A share that is a component of a fishing business may be transferred by the owner of the fishing business (the transferor) to another person (the transferee) if the transferee is, immediately before the transfer, an owner of a fishing business the components of which include a share or shares in the same fishery as the share being transferred.
(3)  If the share being transferred is an ocean share, the share may be transferred to the transferee only if—
(a)  the transferee holds a share or shares of that class immediately before the transfer, or
(b)  all shares of that class held by the transferor, that are a component of the transferor’s fishing business, are transferred to the transferee.
(4)  If the share being transferred is an ocean share in the ocean trawl fishery, the share may also be transferred if the transferee is, immediately before the transfer, the owner of a fishing business the components of which include a southern fish trawl endorsement and all ocean shares of the class proposed to be transferred, that are a component of the transferor’s fishing business, are transferred to the transferee.
(5)  In this clause, ocean share means a share (other than a quota share) in the ocean hauling fishery or the ocean trawl fishery or an ocean trap and line—spanner crab northern zone share.
180   Transfer to owners in other fisheries
(1)  This clause applies in respect of the transfer of shares in a relevant share management fishery only.
(2)  A share (other than a quota share) in a fishery that is a component of a fishing business may be transferred by the owner of the fishing business (the transferor) to another person if the person is, immediately before the transfer, an owner of a fishing business the components of which include a share in another relevant share management fishery and all shares (other than quota shares) held in the fishery, that are a component of the transferor’s fishing business, are transferred to that person.
(3)  If the share (not being a quota share) being transferred is a share in the ocean trawl fishery, any southern fish trawl endorsement that is a component of the same fishing business must also be transferred to the person.
(4)  A quota share in a fishery that is a component of a fishing business may be transferred by the owner of the fishing business to another person if the person is, immediately before the transfer, an owner of a fishing business the components of which include a share in a relevant share management fishery or a southern fish trawl endorsement.
181   Other transfers
(1)  This clause applies in respect of the transfer of shares in a relevant share management fishery only.
(2)  A share that is a component of a fishing business may be transferred by the owner of the fishing business to any person (whether or not the owner of a fishing business) if—
(a)  all components of the fishing business are transferred to that person, or
(b)  the transfer is part of an arrangement for the shares concerned to be surrendered to the Minister for cancellation.
182   Transfer of quota and shares
(1)  This clause applies in respect of the transfer of shares in all share management fisheries if the shares are a component of a fishing business to which quota is attached.
(2)  Quota is attached to a fishing business if it has been allocated to or acquired by a person as a holder of shares and the shares are a component of the fishing business.
(3)  A share that is a component of a fishing business to which quota of a particular type is attached may be transferred by the owner of the fishing business (the transferor) to another person (the transferee) in accordance with this Division only if—
(a)  after the share transfer, the fishing business retains as a component 1 or more shares in the fishery that entitle the holder of those shares to be allocated or acquire that type of quota, or
(b)  all unused quota of that type that is attached to the transferor’s fishing business is transferred to another person (whether or not the transferee).
Note—
If the transferor owns another fishing business, the unused quota may be transferred so that it is attached to that other fishing business.
(4)  Subclause (3) does not authorise a transfer of quota otherwise than in accordance with Part 2A of the Supporting Plan.
183   Effect of contravention
(1)  This clause applies in respect of the transfer of shares in all share management fisheries.
(2)  If a share that is a component of a fishing business is transferred in contravention of this Division, the Minister may take 1 or more of the following actions—
(a)  cancel or refuse to renew any NSW fishing authority that is a component of the fishing business or of the fishing business of the other party to the transfer,
(b)  refuse to transfer, or to approve the transfer of, a NSW fishing authority that is a component of the fishing business, or refuse to issue a new NSW fishing authority to the other party to the transfer,
(c)  impose (in accordance with the Act) conditions on any NSW fishing authority that is a component of the fishing business or of the fishing business of the other party to the transfer (or both), so as to restrict the fishing activities of the fishing business, or exercise any other powers conferred on the Minister by the Act so as to restrict the fishing activities of either or both fishing businesses.
(3)  The Secretary may refuse an application to revoke or amend a fishing business determination of a fishing business if satisfied that a share that is a component of that fishing business has been transferred in contravention of this Division.
Division 3 General
184   Approval of transfers by Secretary
(1)  This clause applies in respect of transfers of endorsements and shares in all restricted fisheries and share management fisheries.
(2)  In addition to the other requirements relating to the transfer of components of fishing businesses under this Part, an endorsement or share that is a component of a fishing business referred to in this Part may be transferred only with the approval of the Secretary.
(3)  The Secretary may refuse to approve a transfer of an endorsement or share that is a component of a fishing business if—
(a)  the transaction would contravene the Act or the regulations, or
(b)  the person to whom the endorsement or share is to be transferred is a person who—
(i)  is prohibited from holding the endorsement or share, or
(ii)  is a natural person who may not be nominated to take fish on behalf of the fishing business, or
(iii)  could be refused an endorsement, or
(c)  the Secretary is satisfied that the purpose of the transaction is to avoid share forfeiture, or
(d)  any fee, contribution or other amount owing under the Act or the regulations in respect of the endorsement, share or fishing business, or in respect of the fishing business to which the endorsement or share is to be transferred, has not been paid, or
(e)  any mortgage that applies to the share has not been discharged or cancelled, or
(f)  there is a nominated fisher in respect of the fishing business and the nomination has not been revoked by the owner of the fishing business transferring the endorsement or share.
(4)  An application for the Secretary’s approval under this clause—
(a)  is to be made jointly by the owner of the fishing business transferring the endorsement or share (as the case may be) and the person to whom the endorsement or share is to be transferred, and
(b)  is to be in a form approved by the Secretary.
(5)  If the transfer relates to shares, the approved form of application under this clause may include or be comprised of the approved form of application for registration of the transaction under section 91B of the Act, so as to enable the applications for approval and registration to be dealt with together.
Note—
A transaction that has the effect of transferring, assigning or transmitting a share is to be registered in the Share Register, and a fee in respect of the application for registration is payable under Part 7.
(6)  If the transfer relates to an endorsement, and no fee is charged in respect of the registration of the transaction, the Secretary may charge a fee in respect of the application for approval, being the amount specified in Schedule 6.
(7)  An owner of a fishing business who proposes to transfer an endorsement or share may request that the Minister review a determination of the Secretary under this clause in relation to the transfer within 30 days after notice of the determination is given to the owner of the fishing business.
(8)  The Secretary is to give effect to any determination made by the Minister in respect of that review.
185   Transferee owns more than one fishing business
(1)  If a transfer of an endorsement or share is permitted if the person to whom the transfer is made (the transferee) is the owner of a fishing business (or a particular kind of fishing business), and the transferee is the owner of more than 1 fishing business, the transferee must nominate 1 fishing business against which compliance with the fishing business transfer rules, in respect of that transfer, is to be assessed.
(2)  If the transfer is approved by the Secretary, the fishing business determination in respect of the nominated fishing business is to be amended so that the transferred endorsement or share becomes a component of the nominated fishing business.
186   Application of rules
(1)  The fishing business transfer rules apply to the following transfers in the same way as they apply to a transfer made or proposed to be made by the owner of a fishing business—
(a)  a transfer of a fishing business, or a component of a fishing business, that is made or proposed to be made by a mortgagee, receiver, liquidator or trustee in bankruptcy in the exercise of a power of sale,
(b)  a transfer of a fishing business, or a component of a fishing business, that is made or proposed to be made by a person in the person’s capacity as the legal personal representative of a deceased person.
(2)  For that purpose, a reference in this Part to the owner of a fishing business includes a reference to any such mortgagee, receiver, liquidator, trustee in bankruptcy or legal personal representative.
Part 11 Administration of commercial fishing businesses
Division 1 Fish receivers
187   Registration not required in certain cases
For the purposes of section 117 (2) (e) of the Act, a person is not required to be registered—
(a)  in respect of fish received from a registered fish receiver, or
(b)  in respect of fish taken in the inland restricted fishery by the holder of an endorsement for that fishery, or
(c)  in respect of oysters received for resale or other commercial use.
188   Classes of registered fish receiver
For the purposes of section 118 (4) of the Act, the following classes of registered fish receiver are prescribed—
(a)  Class A registered fish receivers—being registered fish receivers who are commercial fishers and whose registration as a fish receiver is subject to a condition that the receiver must not receive fish for resale or other commercial use from any other commercial fisher,
(b)  Class B registered fish receivers—being all other registered fish receivers.
189   Applications for registration as fish receiver
(1)  An application for registration as a fish receiver under Division 4 of Part 4 of the Act must identify each of the premises at which the fish receiver proposes to receive fish.
(2)  For the purpose of section 118 (2) of the Act, the fee in respect of an application for registration as a Class A or Class B registered fish receiver is the amount specified in Schedule 6 for that class.
190   Grounds for refusing application for registration
For the purposes of section 118 (3) of the Act, the Minister is authorised to refuse an application for registration as a fish receiver if—
(a)  the applicant has been convicted of an offence under the Act or the regulations or an offence relating to commercial fishing operations under the law of the Commonwealth, another State, a Territory or New Zealand, or
(b)  the applicant has been convicted of an offence relating to the theft of fish, fishing gear or a boat, or
(c)  the applicant has not paid any fee due and payable in connection with registration as a fish receiver or the application is not otherwise made in accordance with clause 189, or
(d)  the Minister is not satisfied that the applicant has any necessary development consent required by the Environmental Planning and Assessment Act 1979 to receive fish for resale or other commercial use on the applicant’s premises, or
(e)  the Minister is not satisfied that the applicant has the capacity to meet the requirements of the Food Act 2003 and the regulations made under that Act or a food safety scheme relating to fish that has been prescribed by regulations under that Act.
191   Registration limited to specified premises
(1)  Each of the premises identified in the application for registration as a fish receiver is to be specified in the certificate of registration issued under section 118 (5) of the Act.
(2)  For the purposes of section 117 of the Act, registration as a fish receiver has effect only in relation to the premises so specified.
(3)  It is a condition of registration as a fish receiver that a fish receiver receives fish only at the premises so specified.
192   Renewal of registration
(1)  A registered fish receiver may apply in writing to the Minister for renewal of the fish receiver’s registration.
(2)  The Minister may refuse to renew the registration if—
(a)  the Minister receives the application after the expiration of the period in which the fish receiver’s current certificate of registration remains in force, or
(b)  the Minister is satisfied the fish receiver has contravened a condition of registration, or
(c)  the fish receiver has been convicted of an offence under the Act or the regulations or an offence relating to commercial fishing operations under the law of the Commonwealth, another State, a Territory or New Zealand, or
(d)  the fish receiver has been convicted of an offence relating to the theft of fish, fishing gear or a boat, or
(e)  the fish receiver has not paid any fee due and payable in connection with registration as a fish receiver, or
(f)  the Minister is not satisfied that the fish receiver has any necessary development consent required by the Environmental Planning and Assessment Act 1979 to receive fish for resale or other commercial use on the applicant’s premises, or
(g)  the Minister is not satisfied that the fish receiver has the capacity to meet the requirements of the Food Act 2003 and the regulations made under that Act or a food safety scheme relating to fish that has been prescribed by regulations under that Act.
193   Cancellation and suspension of registration
The Minister may cancel or suspend the registration of a fish receiver if—
(a)  the Minister is satisfied that the fish receiver has contravened a condition of registration, or
(b)  the fish receiver has been convicted of an offence under the Act or the regulations or an offence relating to commercial fishing operations under the law of the Commonwealth, another State, a Territory or New Zealand, or
(c)  the fish receiver has been convicted of an offence relating to the theft of fish, fishing gear or a boat, or
(d)  the Minister is satisfied that the fish receiver does not have any necessary development consent required by the Environmental Planning and Assessment Act 1979 to receive fish for resale or other commercial use on the applicant’s premises, or
(e)  the Minister is satisfied that the fish receiver does not have the capacity to meet the requirements of the Food Act 2003 and the regulations made under that Act or a food safety scheme relating to fish that has been prescribed by regulations under that Act.
194   Fish consignments by registered fish receivers to be labelled
For the purposes of section 118 (5) (a) of the Act, it is a condition of the registration of a fish receiver that the registered fish receiver must not receive fish in a container or consign fish in a container for sale unless the container is labelled in a manner approved by the Secretary.
Note—
See also clause 93 for specific requirements relating to abalone.
195   Fish receivers to supply information
(1)  For the purposes of section 119 (2) of the Act, a registered fish receiver must keep records that include the following information—
(a)  the standard name and weight of each species of fish received for resale or other commercial use by the receiver,
(b)  the date of receipt,
(c)  the full name and address of the person from whom the fish were received,
(d)  if the fish were received from a commercial fisher—the fishing business number of the fishing business in relation to which the commercial fisher took the fish,
(e)  the price paid by the receiver per kilogram, price per packet or price per unit of each species of fish received,
(f)  the total purchase value of each species of fish received.
(2)  A registered fish receiver must provide the following information to the Secretary in respect of each quarter, within 28 days after the end of each quarter (or such other reasonable period as the Secretary may specify by notice published in the Gazette)—
(a)  the full name of the receiver or the receiver’s registration number (if applicable),
(b)  the period and year to which the report relates,
(c)  the standard name and weight of each species of fish received for resale or other commercial use by the receiver during the period to which the report relates and the name of the person from whom the fish was received,
(d)  if the fish were received from a commercial fisher—the fishing business number of the fishing business in relation to which the commercial fisher took the fish,
(e)  any other information that the Secretary requires from the receiver in relation to the quantity and species of fish that are held in stock by the receiver at the end of the relevant quarter.
Division 2 Fish records
196   Definitions
In this Division—
prescribed activity record means a record that includes any of the following information—
(a)  particulars of all fishing activities engaged in by a commercial fisher or nominated fisher (including those where no fish were taken),
(b)  particulars of all fish taken during those fishing activities,
(c)  particulars of all fish disposed of during or after those fishing activities,
(d)  particulars of the location in which all fish taken during those fishing activities were carried out,
(e)  particulars of the endorsement on a commercial fishing licence that authorised those fishing activities,
(f)  particulars of the fishing gear used in connection with those fishing activities, including any fishing gear lost or found during those activities,
(g)  particulars of the boats used in connection with those fishing activities,
(h)  particulars of all individuals who engaged in or assisted with those fishing activities,
(i)  the fishing business number of the fishing business in relation to which those fishing activities were undertaken,
(j)  particulars of all sightings of or any other interaction with any threatened species or protected species,
(k)  any period in which the commercial fisher or nominated fisher did not engage in fishing activities that the fisher is authorised to engage in by the fisher’s commercial fishing licence.
standard name in relation to a fish species means the name of the species—
(a)  as defined in the Australian Standard AS 5300—2019, Australian Fish Names Standard published on 24 June 2019, or
(b)  if the species is not defined in that list, as defined by the Secretary.
197   Records to be made by commercial fishers
(1)  For the purposes of section 121 of the Act, a commercial fisher is required to make the prescribed activity record of fishing activities engaged in by the commercial fisher for commercial purposes, for each relevant period that the commercial fisher engages in fishing activities.
(2)  For the purposes of this clause, a relevant period means a month, or in the case of the sea urchin and turban shell restricted fishery or the abalone fishery, a day.
(3)  The commercial fisher must make a separate record in respect of each fishing business that relates to the fishing activities engaged in by the commercial fisher for commercial purposes.
(4)  The commercial fisher must ensure that a copy of the record is sent to the Secretary within 28 days after the end of the relevant period to which the record relates (or in the case of the sea urchin and turban shell restricted fishery or the abalone fishery, within 24 hours of the end of the relevant period to which the record relates).
(5)  A commercial fisher who engages in fishing activities in any of the following fisheries, on behalf of a fishing employer (within the meaning of section 122 of the Act), is not required to make a record under this clause in respect of those activities—
(a)  a share management fishery (other than the abalone or lobster fishery),
(b)  a restricted fishery (other than the sea urchin and turban shell restricted fishery).
Note—
However, section 122 (5) of the Act requires the commercial fisher to provide the fishing employer with such information concerning those activities as the fishing employer may reasonably require to comply with section 122 of the Act.
(6)  Despite subclause (5), a commercial fisher who engages in fishing activities in any fishery on behalf of the Fisheries Administration Ministerial Corporation is required to make a record under this clause in respect of those activities.
(7)  This clause does not apply in respect of fishing activities in a share management fishery if the share management plan for the fishery makes alternative arrangements for the records to be made in respect of those activities under section 121 of the Act.
198   Records to be made by fishing employers
(1)  For the purposes of section 122 of the Act, a fishing employer is required to make the prescribed activity record of fishing activities engaged in by all nominated fishers on behalf of the fishing employer, for each period of a month that the nominated fishers engage in fishing activities.
(2)  The fishing employer must make a separate record in respect of each fishing business that relates to the fishing activities engaged in by all nominated fishers on behalf of the fishing employer for commercial purposes.
(3)  The records required to be made by a fishing employer under this clause in respect of fishing activities engaged in by a nominated fisher may be made by that nominated fisher on behalf of the fishing employer.
(4)  The fishing employer must ensure that a copy of the record is sent to the Secretary within 28 days after the end of the monthly period to which the record relates.
(5)  A fishing employer is not required to make a record under this clause in respect of activities engaged in by a nominated fisher in any of the following fisheries—
(a)  the abalone or lobster fishery,
(b)  the sea urchin and turban shell restricted fishery.
(6)  The Fisheries Administration Ministerial Corporation is not required to make any records in respect of fishing activities engaged in by a nominated fisher on its behalf.
(7)  This clause does not apply in respect of fishing activities in a share management fishery if the share management plan for the fishery makes alternative arrangements for the records to be made by fishing employers in respect of those activities under section 122 of the Act.
199   Records of sale and possession of fish—commercial quantity
For the purposes of the definition of commercial quantity of fish in section 123A (7) of the Act, the prescribed quantity of fish is the following—
(a)  in respect of abalone—2 abalone or, if the number of whole abalone cannot be determined, 100 grams,
(b)  in respect of eastern rock lobster (Sagmariasus verreauxi)—2 lobsters or, if the number of whole lobsters cannot be determined, 1 kg,
(c)  in respect of crustaceans (other than eastern rock lobster)—1 kg,
(d)  in respect of finfish—3 kg whole weight or 1.5 kg fillet weight,
(e)  in respect of beachworms—20 worms or parts of worms,
(f)  in respect of saltwater nippers—100 saltwater nippers,
(g)  in any other case—1 kg.
200   Information to be included in records of sale and possession of fish
(1)  For the purposes of section 123 (1) of the Act, a record concerning the sale of fish must—
(a)  in the case of the sale of fish by a commercial fisher directly to a person for consumption and not for resale—be in a form approved by the Secretary that includes the following information—
(i)  the date of the sale,
(ii)  the quantity of fish sold,
(iii)  a description of the fish sold, including a description of the manner in which the fish have been processed,
(iv)  the total price paid,
(v)  the fishing business number of the fishing business in relation to which the commercial fisher took the fish, or
(b)  in any other case—include the following information—
(i)  the standard name and weight of each species of fish sold,
(ii)  a description of the manner in which the fish have been processed,
(iii)  the date of the sale,
(iv)  the full name and address of the seller,
(v)  the full name and address of the purchaser,
(vi)  the full name, address and signature of the person completing the record,
(vii)  the price per kilogram, price per packet or price per unit of each species of fish sold,
(viii)  the total sales value of each species of fish sold,
(ix)  in respect of each sale, a unique identifying number allocated to the sale for the purposes of the record, being a number that is 1 of a sequence of unique identifying numbers where each subsequent sale is allocated the next number in the sequence,
(x)  if the fish were taken by a commercial fisher, the fishing business number of the fishing business in relation to which the commercial fisher took the fish.
(2)  For the purposes of sections 123 (2) and 123A (1) of the Act, a record concerning the acquisition or possession of fish must include the following information—
(a)  the standard name and weight of each species of fish acquired or in possession,
(b)  the date when the fish were purchased or otherwise acquired,
(c)  the full name and address of the person who purchased or otherwise acquired the fish,
(d)  the full name and address of the person from whom the fish were purchased or, if not purchased, details of how the fish were acquired,
(e)  the full name, address and signature of the person completing the record,
(f)  the price per kilogram, price per packet or price per unit of each species of fish purchased or otherwise acquired,
(g)  the total value of each species of fish purchased or otherwise acquired,
(h)  in respect of each purchase or acquisition, a unique identifying number allocated to the sale or acquisition for the purposes of the record, being a number that is 1 of a sequence of unique identifying numbers where each subsequent purchase or acquisition is allocated the next number in the sequence,
(i)  if the fish were taken by a commercial fisher, the fishing business number of the fishing business in relation to which the commercial fisher took the fish.
Division 3 Fishing business cards
201   Definitions
In this Division—
fishing business card means an endorsement issued in the form of a document that is separate from the commercial fishing licence of a person, under an arrangement referred to in section 68 (8C), 70 (6) or 112 (5) of the Act, and identified as a fishing business card.
fishing business owner means the owner of a fishing business the components of which include an endorsement in a restricted fishery or shares in a share management fishery.
nominated fisher means a person who has been duly nominated by the fishing business owner to take fish in a fishery on behalf of the fishing business owner under this Regulation or a share management plan.
202   Possession of fishing business card
A fishing business owner who is issued with a fishing business card must not cause or allow physical possession of the fishing business card to be given to another person unless the other person is the nominated fisher of the fishing business owner.
Maximum penalty—100 penalty units.
203   Return of fishing business card to Minister
(1)  The Minister may at any time require a fishing business owner, by notice in writing to the fishing business owner, to return a fishing business card to the Minister within the period specified in the notice.
(2)  A person must not, without reasonable excuse, fail to comply with a requirement made under this clause.
Maximum penalty—100 penalty units.
(3)  This clause does not of itself authorise the Minister to cancel an endorsement.
Note—
Other provisions of this Regulation and the share management plans set out the circumstances in which the Minister is authorised to cancel an endorsement. The Minister may require a fishing business card to be returned under this clause because an endorsement has been cancelled or merely to allow annotations on the card to be changed.
204   Return of fishing business card to fishing business owner
(1)  If the nomination of a person as a nominated fisher is revoked, that person must immediately return the fishing business card of the fishing business to which the revoked nomination relates to the fishing business owner or such other person as the fishing business owner directs.
(2)  A fishing business owner may at any time require a nominated fisher to return a fishing business card of the fishing business to the fishing business owner within a specified time.
(3)  A person must not, without reasonable excuse, fail to comply with a requirement under this clause.
Maximum penalty—100 penalty units.
Part 12 Charter fishing management
Division 1 Preliminary
205   Object
The object of this Part is to provide for the regulation and management of guided recreational charter fishing in the marine and estuarine charter fishing sector.
206   Definitions
(1)  In this Part—
carrying capacity of a boat means the number of crew and passengers that may be carried on the boat in accordance with the certificate of survey for the boat.
deep sea bottom fishing means any recreational fishing activity that involves taking fish in ocean waters, being fish of a species listed in Part 1 of the Table.
estuarine fishing means any recreational fishing activity that involves taking fish from estuarine waters, being fish of a species listed in Part 3 or 4 of the Table.
gamefishing means any recreational fishing activity that involves taking fish in ocean waters, being fish of a species listed in Part 2 or 3 of the Table.
guided recreational charter fishing—see clause 207.
licence means a charter fishing boat licence.
marine and estuarine charter fishing sector—see clause 208.
nearshore bottom fishing and sportfishing means any recreational fishing activity that involves taking fish in ocean waters, being fish of a species listed in Part 3 or 4 of the Table.
Table means the Table to clause 221.
(2)  A reference in this Part to an activity that involves the taking of fish includes an activity that involves taking and later releasing fish.
207   Guided recreational charter fishing—meaning
In this Part, guided recreational charter fishing means the use of a boat as a charter fishing boat under an arrangement where a person is provided, for payment or other consideration, to operate the charter fishing boat or to guide or instruct the persons using the boat in fishing operations.
208   Marine and estuarine charter fishing sector—meaning
In this Part, the marine and estuarine charter fishing sector means that part of the charter fishing boat industry in which charter fishing boats are used for the purpose of any of the following recreational fishing activities—
(a)  estuarine fishing,
(b)  nearshore bottom fishing and sportfishing,
(c)  gamefishing,
(d)  deep sea bottom fishing.
209   Exemption for Lord Howe Island residents
A licence is not required in respect of a boat if—
(a)  the boat is owned or under the control of a person who is a resident of Lord Howe Island, and
(b)  the boat is used for guided recreational charter fishing principally in Lord Howe Island waters.
Division 2 Licences
210   Certain boats must be licensed
(1)  For the purposes of section 127B of the Act, it is declared that a charter fishing boat is required to be licensed under Part 4A of the Act if it is used for any guided recreational charter fishing that involves—
(a)  estuarine fishing, or
(b)  nearshore bottom fishing and sportfishing, or
(c)  gamefishing, or
(d)  deep sea bottom fishing.
(2)  However, a charter fishing boat operated by a commercial organisation (within the meaning of section 127A of the Act), that would otherwise be required to be licensed under this clause, is not required to be licensed if the charter fishing boat is operated under an arrangement where a person is provided, for payment or other consideration, for the purposes of operating the boat only and not for the purposes of guiding or instructing the persons using the boat in fishing operations.
Note—
Charter fishing boats used by Lord Howe Island residents in waters around Lord Howe Island are exempt from the requirement to be licensed.
211   Annual licence fee
(1)  The fee for the issue or renewal of a licence for each year or part of a year for which the licence is issued or renewed is the amount specified in Schedule 6 plus the amount specified in that Schedule for each authorised activity specified on the licence.
(2)  In this clause, authorised activity means a recreational fishing activity authorised by the Minister as referred to in clause 221.
212   Classes of licence
There are two classes of licence, as follows—
(a)  transferable,
(b)  non-transferable.
213   Eligibility for licences
(1)  A person who, immediately before 1 September 2019, was eligible for a transferable licence remains eligible for that licence, subject to this Part.
(2)  A person who, immediately before 1 September 2019, was eligible for a non-transferable licence remains eligible for that licence, subject to this Part.
(3)  If the right to a transferable licence is transferred in accordance with the approval of the Minister—
(a)  the transferor ceases to be eligible for a transferable licence, and
(b)  the transferee becomes eligible for a transferable licence.
214   Transfer of right to transferable licence
(1)  The right to a transferable licence may be transferred in accordance with this clause.
(2)  An application for the Minister’s approval is to be in an approved form and accompanied by the fee specified in Schedule 6.
(3)  The Minister may approve the transfer, or may refuse to approve the transfer, of a right to a licence to a person.
(4)  The Minister may refuse to approve the transfer on any of the grounds on which the Minister could refuse to approve an application for a licence by the person.
(5)  If the transfer is approved, the transferee may apply for, and is to be issued with a transferable licence.
215   Conversion of non-transferable licence into transferable licence (estuarine fishing only)
(1)  A person who holds a non-transferable licence for a boat that authorises the use of the boat for guided recreational charter fishing in the estuarine fishing sector may apply to the Minister to have that licence converted into a transferable licence.
(2)  The Minister may approve the conversion of the relevant licence into a transferable licence if the Minister is satisfied that—
(a)  the person was actively engaged in guided recreational charter fishing in the estuarine fishing sector before 3 December 2005, and
(b)  the person held a licence that authorised the use of the boat for guided recreational charter fishing in the estuarine fishing sector on 3 December 2005, and
(c)  the person has held that licence continuously since 3 December 2005, and
(d)  the licence does not authorise, and has not authorised at any time since 3 December 2005, the use of the boat for any of the following recreational fishing activities—
(i)  nearshore bottom fishing and sportfishing,
(ii)  gamefishing,
(iii)  deep sea bottom fishing.
(3)  An application for the Minister’s approval is to be in an approved form.
(4)  If the Minister approves the conversion of a licence under this clause, it is taken to be a transferable licence.
(5)  In this clause, estuarine fishing sector means that part of the charter fishing boat industry in which charter fishing boats are used for the purpose of recreational estuarine fishing.
216   Boat replacement
(1)  A person who holds a transferable or a non-transferable licence in respect of a licensed charter fishing boat may replace the boat if—
(a)  the replacement is approved by the Minister, and
(b)  the application for the Minister’s approval is accompanied by the fee specified in Schedule 6.
(2)  Nothing in this clause permits a person who holds a non-transferable licence to transfer that licence to another person.
217   Refusal of licence
The Minister is authorised to refuse an application for a licence for a boat if—
(a)  the Minister is not satisfied that the applicant is eligible to be issued with the licence, or the class of licence applied for, in respect of the boat, or
(b)  the applicant has been convicted of an offence under the Act or the regulations or an offence relating to commercial or recreational fishing under a law of the Commonwealth or of another State or a Territory or of New Zealand, or
(c)  the applicant has been convicted of an offence relating to the theft of fish, fishing gear or a boat or intentional damage to fishing gear or a boat, or
(d)  the applicant has been convicted of an offence relating to an assault on a fisheries official, or
(e)  the applicant has not paid any fee due and payable in connection with the licence, or
(f)  the applicant has previously held a licence that has been suspended or cancelled by the Minister.
218   Renewal of licence
(1)  An application for renewal of a licence is to be made in a form approved by the Minister.
(2)  The Minister is authorised to refuse to renew a licence if—
(a)  the holder of the licence is not eligible for the licence, or
(b)  the holder of the licence has been convicted of an offence under the Act or the regulations or an offence relating to commercial or recreational fishing under a law of the Commonwealth or of another State or a Territory or of New Zealand, or
(c)  the holder of the licence has been convicted of an offence relating to the theft of fish, fishing gear or a boat or intentional damage to fishing gear or a boat, or
(d)  the holder of the licence has been convicted of an offence relating to an assault on a fisheries official, or
(e)  the Minister is satisfied that the holder of the licence has contravened a condition of the licence, or
(f)  the holder of the licence has not paid any fee due and payable in connection with the licence.
(3)  If an application is duly made for renewal of a licence and is received by the Minister before the expiration of the period in which it remains in force, and the licence is not renewed before the expiration of that period, the licence—
(a)  is taken to continue to be in force until the licence is renewed or the application for renewal is refused, whichever happens first, and
(b)  may be renewed despite the fact that, but for this subclause, the licence would have expired.
(4)  If an application for renewal of a licence is not received by the Minister before the expiration of the period in which it remains in force, the licence—
(a)  is taken to continue to be in force for 30 days after the date the licence would have expired (but for this subclause), or until the licence is renewed or the application for renewal is refused, whichever happens first, and
(b)  may be renewed despite the fact that, but for this subclause, the licence would have expired.
(5)  If an application for renewal of a licence is received by the Minister more than 30 days after the date the licence would have expired (but for subclause (4)), the additional licence fee specified in Schedule 6 is payable.
(6)  If an application for renewal of a licence is received by the Minister more than 90 days after the date the licence would have expired (but for subclause (4)), the Minister may refuse to renew the licence.
219   Cancellation and suspension of licence
(1)  The Minister may cancel or suspend a licence if—
(a)  the holder of the licence ceases to be eligible for the licence, or
(b)  the holder of the licence is convicted of an offence under the Act or the regulations or an offence relating to commercial or recreational fishing under a law of the Commonwealth or of another State or a Territory or of New Zealand, or
(c)  the holder of the licence is convicted of an offence relating to the theft of fish, fishing gear or a boat or intentional damage to fishing gear or a boat, or
(d)  the holder of the licence is convicted of an offence relating to an assault on a fisheries official, or
(e)  the Minister is satisfied that the holder of the licence has contravened a condition of the licence, or
(f)  the holder of the licence fails to pay any fee due and payable in connection with the licence, or
(g)  the boat is lost at sea or disposed of by the holder of the licence.
(2)  In addition, in the case of a non-transferable licence, the Minister may cancel or suspend the licence if—
(a)  the licence is held by, or the boat is owned by, 1 or more natural persons and—
(i)  1 or more of those persons has become bankrupt, or
(ii)  a person has acquired or disposed of a beneficial interest in the boat, or
(b)  the licence is held or otherwise under the control of a corporation, or the boat is owned by a corporation, and—
(i)  a person has acquired or disposed of a controlling interest in the corporation, or
(ii)  the corporation has become the subject of a winding up order or a controller or administrator has been appointed for the corporation.
220   Voluntary suspension of licence
(1)  The Minister may, from time to time, on the application of a licence holder, suspend the licence by placing the licence in abeyance for such period, not exceeding 2 years, as the Minister may specify.
(2)  Such an application may be granted in any case where the Minister is satisfied that there is sufficient reason for the suspension (for example, because the boat has been disposed of or lost at sea or because the licence holder has temporarily ceased trading).
(3)  The Minister may, on written application by the licence holder, extend a period of suspension under this clause if satisfied that there is sufficient reason for the extension.
(4)  The total period for which a licence is suspended under this clause must not exceed 3 years.
(5)  The annual licence fee payable in respect of a licence continues to be payable in respect of any year or part of a year for which a licence is suspended under this clause.
(6)  The Minister may cancel a licence suspended under this clause if—
(a)  any fee payable in connection with the licence is not paid by the end of the suspension period or such further period as the Minister may allow, or
(b)  the holder of the licence fails, without lawful excuse, to comply with any request for information in connection with the suspension that is made by the Minister by notice in writing to the holder.
(7)  A notice referred to in subclause (6) (b) must specify a period of not less than 14 days in which the request for information must be complied with.
(8)  Nothing in this clause limits the powers of the Minister to cancel or suspend a licence under another provision of this Part.
(9)  The Minister is to refuse an application for suspension under this clause (not being an application for an extension of a suspension) if the licence has previously been suspended on the application of the holder and the period of suspension ended less than 3 years before the application is made.
(10)  Subclause (9) does not apply if the Minister is satisfied that, in the circumstances of the case, the suspension should be granted because the boat to which the licence applies has been lost at sea or damaged beyond repair.
221   Conditions of licence—authorised activities
(1)  The Minister may, by means of an endorsement on a licence for a boat, authorise the use of the boat for guided recreational charter fishing that involves 1 or more of the following recreational fishing activities (as indicated by the endorsement)—
(a)  estuarine fishing,
(b)  nearshore bottom fishing and sportfishing,
(c)  gamefishing,
(d)  deep sea bottom fishing.
(2)  It is a condition of a licence for a boat that the boat, while being used for any activity for which it is required to be licensed under this Part, is not used for any of the recreational fishing activities referred to in subclause (1) unless the licence authorises the use of the boat for that activity.
(3)  The Minister may refuse to authorise the use of a boat for a recreational fishing activity if the Minister is not satisfied that the certificate of survey for the boat relied on by the licence holder to satisfy the eligibility criteria for the licence was, at all times during the periods relevant for the purposes of determining eligibility for a licence, consistent with that type of activity.
(4)  Despite subclause (2)—
(a)  if a licence authorises the use of a boat for gamefishing, the taking of 1 fish of a species listed in Part 1 or 4 of the Table, for each person who is on the boat, is permitted, and
(b)  if a licence authorises the use of a boat for nearshore bottom fishing and sportfishing, the taking of 1 fish of a species listed in Part 1 or 2 of the Table, for each person who is on the boat, is permitted, and
(c)  if a licence authorises the use of a boat for estuarine fishing, the taking of 1 fish of a species listed in Part 1 or 2 of the Table, for each person who is on the boat, is permitted.
(5)  This clause—
(a)  does not affect the application of any bag limits or possession limits in force under section 17, 17B or 17C of the Act, and
(b)  does not authorise the use of a boat to take any protected fish.
Table
Common name
Scientific name
Part 1
Hapuku
Polyprion oxygeneios
Bass Groper
Polyprion americanus
Blue-eye Trevalla, Trevalla
Hyperoglyphe antarctica
Banded Rockcod
Epinephelus ergastularius
Gemfish
Rexea solandri
Part 2
Sailfish
Istiophorus platypterus
Black Marlin
Makaira indica
Blue Marlin
Makaira nigricans
Striped Marlin
Tetrapturus audax
Shortbill Spearfish
Tetrapturus angustirostris
Swordfish, Broadbill Swordfish
Xiphias gladius
Shortfin Mako
Isurus oxyrinchus
Tiger Shark
Galeocerdo cuvier
Hammerhead Shark
Sphyrna spp.
Thresher Shark
Alopias spp.
Porbeagle
Lamna nasus
Albacore, Albacore Tuna
Thunnus alalunga
Yellowfin Tuna
Thunnus albacares
Southern Bluefin Tuna
Thunnus maccoyii
Longtail Tuna
Thunnus tonggol
Bigeye Tuna
Thunnus obesus
Part 3
Yellowtail, Jack Mackerel, Trevally, Rainbow Runner, Kingfish, Samsonfish, Amberjack
Family Carangidae
Mackerel, Wahoo, Bonito, Skipjack Tuna, Mackerel Tuna
Family Scombridae (excluding Thunnus spp.)
Cobia
Rachycentron canadum
Tailor
Pomatomus saltatrix
Mahi Mahi, Dolphinfish
Coryphaena hippurus
Eastern Australian Salmon, Australian Salmon
Arripis trutta
Whaler Shark, Blue Shark
Family Carcharhinidae (excluding Galeocerdo cuvier)
Barracuda, Snook, Striped Seapike
Family Sphyraenidae
Part 4
All species of fish other than those listed in Parts 1, 2 and 3.
 
222   Other conditions of licences
(1)  It is a condition of a licence for a charter fishing boat that any fish taken while the boat is used for any activity for which it is required to be licensed under this Part, and that are retained, have their right side pectoral fin removed, just above the fin base, before being removed from the boat.
(2)  However, the removal of the right side pectoral fin may be delayed until immediately after weigh-in if the fish is to be weighed—
(a)  for the purpose of claiming a record, or
(b)  in accordance with the rules of a fishing tournament in connection with which the fish has been caught.
(3)  Subclause (1) applies to the following species of fish only—
(a)  Thunnus albacares (yellowfin tuna),
(b)  Thunnus maccoyii (southern bluefin tuna),
(c)  Seriola lalandi (yellowtail kingfish),
(d)  Chrysophrys auratus (snapper),
(e)  Makaira indica (black marlin),
(f)  Makaira nigricans (blue marlin),
(g)  Tetrapturus audax (striped marlin).
(4)  It is a condition of a licence for a charter fishing boat that the boat displays the letters “CFB” adjacent to, and in the same size and colour of lettering as, the permit number for the boat wherever appearing on the outside of the hull.
(5)  It is a condition of a licence for a charter fishing boat that the number of persons permitted to fish from the boat at any one time does not exceed the maximum carrying capacity for the charter fishing boat.
(6)  The maximum carrying capacity for a charter fishing boat is the carrying capacity of the boat relied on to establish eligibility for a licence as at 4 August 1999 or 4 people, whichever is the higher.
223   Records of catch
(1)  The master of a charter fishing boat must make a record of fish taken by persons on the boat when used for guided recreational charter fishing.
Note—
It is an offence to contravene the requirements set out in this clause (see section 127E of the Act).
(2)  A record is to be made in relation to each trip that is made by the boat, being a trip during which the boat was used for any activity for which it is required to be licensed.
(3)  A record is to be made in a form or forms approved by the Minister and provided to licence holders by the Department.
(4)  A copy of the record is to be sent to the Secretary within 7 days after the end of the calendar month in which the trip to which the record relates was made.
Part 13 Protection of aquatic habitats
224   Application for permit under Part 7 of Act
(1)  An application for a permit under Part 7 of the Act is to be in a form approved by the Secretary and is to be accompanied by—
(a)  the fee specified in Schedule 6, and
(b)  an assessment fee.
(2)  The assessment fee for an application for a permit is to be determined by the Secretary in accordance with this clause on the basis of the time required to complete an assessment of the application.
(3)  The assessment fee for the following classes of assessment is the amount specified in Schedule 6—
(a)  a minor assessment,
(b)  a moderate assessment,
(c)  a major assessment,
(d)  a complex assessment.
(4)  For the purposes of this clause—
(a)  an assessment is a minor assessment if, in the opinion of the Secretary, the assessment will take up to 3 hours to complete, and
(b)  an assessment is a moderate assessment if, in the opinion of the Secretary, the assessment will take more than 3 hours but less than 7 hours to complete, and
(c)  an assessment is a major assessment if, in the opinion of the Secretary, the assessment will take 7 hours or more but less than 21 hours to complete, and
(d)  an assessment is a complex assessment if, in the opinion of the Secretary, the assessment will take 21 hours or more to complete.
(5)  In determining the time that an assessment will take to complete, the Secretary is to include any time that will be taken to conduct a site visit or to consult with stakeholders, if, in the opinion of the Secretary, a site visit or consultation is necessary for the assessment of the application.
(6)  If, after making a determination as to the level of assessment required in respect of an application, the Secretary determines that any further assessment in respect of the application is required, an additional assessment fee may be charged.
(7)  The additional assessment fee is the amount specified in Schedule 6 for each hour (or part of an hour) of work performed by an officer of the Department in respect of an application (being work not included in the initial determination as to the level of assessment required).
(8)  In this clause, stakeholder means—
(a)  a person likely to be affected by the activity proposed to be permitted, or
(b)  a person or body having functions under the Environmental Planning and Assessment Act 1979, or any other law, with respect to consent to or approval of the activity proposed to be permitted.
225   Contravention of condition of permit under Part 7 of Act
A person who contravenes a condition of a permit issued under Part 7 of the Act is guilty of an offence.
Maximum penalty—100 penalty units.
226   Dredging work
(1)  For the purposes of paragraph (b) of the definition of dredging work in section 198A of the Act, the following work is prescribed—
(a)  work that involves the removal of woody debris, snags, gravel beds, cobbles, rocks, boulders, rock bars or aquatic vegetation from water land,
(b)  work that involves the removal of any other material from water land that disturbs, moves or harms woody debris, snags, gravel beds, cobbles, rocks, boulders, rock bars or aquatic vegetation,
(c)  work that involves moving woody debris, snags, gravel beds, cobbles, rocks, boulders, rock bars or aquatic vegetation on water land.
(2)  In this clause, aquatic vegetation means native vegetation that inhabits freshwater.
227   Exemption for certain work
Any dredging work or any reclamation work carried out by a public authority is exempt from Division 3 of Part 7 of the Act if the work is carried out in accordance with the Code of Practice for Minor Works in NSW Waterways published on the Department’s website.
228   Marine vegetation—regulation of harm
(1)  The following are declared to be marine vegetation to which section 205 of the Act applies—
(a)  attached marine and estuarine macroalgae,
(b)  saltmarsh in a protected area.
(2)  The following activities are exempt from the operation of section 205 (2) of the Act—
(a)  the taking of sea lettuce (Ulva spp.) and blackfish weed (Enteromorpha spp.) for use as bait,
(b)  any activity that harms saltmarsh if the activity is authorised under the Biodiversity Conservation Act 2016 or the saltmarsh is on land reserved under Part 4 of the National Parks and Wildlife Act 1974.
(3)  In this clause—
marine and estuarine macroalgae means those species of non-microscopic plants commonly known as seaweeds that belong to the plant classification divisions of Rhodophyta, Phaeophyta and Chlorophyta that are endemic to New South Wales marine and estuarine waters.
saltmarsh means an ecological community within the meaning of Part 7A of the Act known as saltmarsh in which 1 or more of the following species of plants are found—
(a)  Baumea juncea,
(b)  Isolepsis nodosa,
(c)  Juncus kraussii,
(d)  Samolus repens,
(e)  Sarcocornia quinqueflora,
(f)  Selliera radicans,
(g)  Sporobolus virginicus,
(h)  Suaeda australis,
(i)  Triglochin striata,
(j)  Zoysia macrantha.
229   Activities harmful to marine vegetation
(1)  For the purposes of section 205B of the Act, the following are prescribed activities—
(a)  the use of any fishing method in waters that are over a bed of seagrass in a protected area, being a fishing method that is prohibited by or under the Act (excluding Division 4 of Part 7 of the Act),
(b)  any activity that obstructs or alters tidal flows to marine vegetation in a protected area,
(c)  the driving or operation of a vehicle over marine vegetation in a protected area,
(d)  the grazing or movement of stock on marine vegetation in a protected area.
Note—
A prescribed activity is presumed to be harmful to marine vegetation unless the person who carried out the activity establishes that no harm was caused by the activity.
(2)  In this clause—
stock includes horses, cattle, asses, mules, alpacas, llamas, camels, deer, sheep, pigs, goats, ostriches and emus.
vehicle includes a hovercraft.
230   Importation of live exotic fish
For the purposes of section 217 (1) of the Act, the species of fish specified in Schedule 5 are prescribed.
Note—
Under section 217 (1) of the Act, a person must not bring into New South Wales any live fish of a species or class prescribed by the regulations except under the authority of a permit issued by the Minister.
Part 14 Threatened species conservation
Note—
This Part prescribes the criteria for a determination by the Fisheries Scientific Committee of the matters required to establish eligibility for listing in accordance with Part 7A of the Act—
(a)  of a species as a critically endangered species, endangered species or vulnerable species, or
(b)  of a population as an endangered population, or
(c)  of an ecological community as a critically endangered ecological community, endangered ecological community or vulnerable ecological community.
Division 1 Interpretation
231   Application of Part
(1)  This Division applies for the purposes of the interpretation and application of the criteria prescribed under this Part.
(2)  Use in a provision of this Division of the term “population” does not limit the operation of the provision to Division 3 and use of the term “species” does not limit the operation of a provision to Division 2.
232   Geographic distribution
(1)  Geographic distribution is the area or areas, or the volume of occupancy, in which a species, population or ecological community occurs, excluding cases of vagrancy in species.
(2)  This may be assessed by estimating—
(a)  the extent of occurrence (the area of the total geographic range that includes all extant populations of the species or all extant occurrences of the ecological community), or
(b)  the area or volume of occupancy (the area or volume within the total range that is currently occupied by the species or ecological community, that is, it excludes unsuitable and unoccupied habitat), or
(c)  the area or volume of suitable habitat (the area or volume within the total range that includes occupied and unoccupied suitable habitat, but excludes unsuitable habitat).
(3)  The scale at which a geographic distribution is assessed should be appropriate to the biology of the species (or component species in ecological communities), the nature of threats and available data.
233   Effective population size
Effective population size is the number of mature individuals of a species or population that contribute to the production of viable offspring and the maintenance of genetic variation.
Note—
Effective population size is usually much less than total population size due to the presence of juveniles, old (senescent), diseased, moribund and other non-breeding individuals, uneven sex ratios, unsuitable environmental conditions for breeding and recruitment at some localities and in some years, variation between family sizes and fluctuating population sizes between generations.
234   Ecological function
(1)  Ecological function encompasses the ecological and evolutionary processes and interactions between living and non-living components of ecosystems and ecological communities at all spatial and temporal scales.
(2)  Reductions in ecological function may be indicated by the following—
(a)  a change to community structure,
(b)  a change in species composition,
(c)  the disruption of ecological processes,
(d)  the invasion and establishment of exotic species,
(e)  the degradation of habitat,
(f)  the fragmentation of habitat,
(g)  the declining abundance or distribution of constituent species within an ecological community.
235   Relevance of matters and adequacy and accuracy of information
If the Fisheries Scientific Committee is required to have regard to a particular matter, the Committee must consider the matter—
(a)  to the extent that it is relevant to the assessment of a proposed listing, and
(b)  to the extent that relevant information is available in relation to the matter, having regard to the adequacy and accuracy of the information.
Division 2 Criteria for listing of species
236   Criteria for listing determinations by Fisheries Scientific Committee
(1) Critically endangered species For the purposes of section 220F (2) of the Act, a species is facing an extremely high risk of extinction in New South Wales in the immediate future if, in the opinion of the Fisheries Scientific Committee, it meets the criteria specified for critically endangered species in this Division.
(2) Endangered species For the purposes of section 220F (3) of the Act, a species is facing a very high risk of extinction in New South Wales in the near future if, in the opinion of the Fisheries Scientific Committee, it meets the criteria specified for endangered species in this Division.
(3) Vulnerable species For the purposes of section 220F (4) of the Act, a species is facing a high risk of extinction in New South Wales in the medium-term future if, in the opinion of the Fisheries Scientific Committee, it meets the criteria specified for vulnerable species in this Division.
237   Criteria—reduction in abundance, geographic distribution or genetic diversity
(1)  It is observed, estimated, inferred or reasonably suspected that the species has undergone, or is likely to undergo, within a time frame appropriate to the life cycle and habitat characteristics of the taxon—
(a)  for critically endangered species—an extremely large reduction in 1 or more of the following—
(i)  an index of abundance appropriate to the taxon,
(ii)  geographic distribution,
(iii)  genetic diversity, or
(b)  for endangered species—a very large reduction in 1 or more of the following—
(i)  an index of abundance appropriate to the taxon,
(ii)  geographic distribution,
(iii)  genetic diversity, or
(c)  for vulnerable species—a large reduction in 1 or more of the following—
(i)  an index of abundance appropriate to the taxon,
(ii)  geographic distribution,
(iii)  genetic diversity.
(2)  The Fisheries Scientific Committee must have regard to the following in determining the extent of the reduction referred to in subclause (1)—
(a)  the rate of and trends in the reduction,
(b)  the potential of the species to maintain relatively stable abundance under high levels of mortality,
(c)  the ability of the species to recover rapidly from low numbers,
(d)  the reproductive potential of the species in relation to the following—
(i)  reproductive ecology and behaviour and the relationship of these to any threatening process or processes, and the probability of recruitment failure,
(ii)  historical, anecdotal or scientific data suggesting a reduction in the production of eggs or progeny compared to the unexploited state, to an extent that the ability of the species to maintain viable populations has been compromised,
(iii)  evidence of a reduction in the generation time and life span of the species relative to the unexploited state,
(iv)  population density, and the significance of population density in the species’ reproductive strategies,
(v)  effective population size,
(e)  other aspects of the life history and ecology of the species, including any of the following—
(i)  age and growth patterns,
(ii)  habitat types and usages,
(iii)  susceptibility to disease,
(iv)  obligate migration requirements,
(f)  evidence of recovery from low numbers following the introduction of protection measures or changes to management strategies,
(g)  the current management strategies in relation to life history and reproductive ecology,
(h)  assessment of the probability of extinction,
(i)  evidence of declining populations across the species range for wide ranging or naturally rare or uncommon species,
(j)  whether the species is at the edge of its geographic distribution,
(k)  restricted or disjunct populations of naturally rare and uncommon species,
(l)  the status of the species outside the State as appropriate for the taxon,
(m)  the precautionary principle, namely, that if there are threats of serious or irreversible damage to the species, lack of full scientific certainty should not be used as a reason for postponing measures to prevent that damage,
(n)  other supporting information, including the following—
(i)  expert advice,
(ii)  anecdotal information where there is independent verification,
(iii)  written evidence, especially of a historical nature,
(iv)  any other corroborating evidence.
238   Criteria—threatening processes
(1)  For critically endangered, endangered and vulnerable species, there is, or there is observed, estimated, inferred or reasonably suspected to be, a historical, current or potential threatening process, or threatening processes affecting the species.
(2)  The Fisheries Scientific Committee must have regard to the following in determining the relevant extent of the effect of the threatening process or processes—
(a)  the number and nature of the threatening processes,
(b)  the potential for synergistic effects between threatening processes,
(c)  the extent of the threatening processes relative to the geographic distribution of the species,
(d)  the impact of the threatening processes on the diversity and quality of the species’ habitat,
(e)  the level of protection offered to the species within existing reserve systems, other forms of refuge or by current management strategies.
Division 3 Criteria for listing of endangered populations
239   Criteria for listing determinations by Fisheries Scientific Committee
For the purposes of section 220FA (1) of the Act, a population is facing a very high risk of extinction in New South Wales in the near future if, in the opinion of the Fisheries Scientific Committee—
(a)  it is clearly defined, and
(b)  it satisfies any 1 or more of the following—
(i)  it is disjunct or near the limit of its geographic range,
(ii)  it is, or is likely to be, genetically, biologically, morphologically or ecologically distinct,
(iii)  it is otherwise of significant conservation value, and
(c)  it meets the criteria specified in this Division.
240   Criteria—reduction in abundance, geographic distribution or genetic diversity
(1)  It is observed, estimated, inferred or reasonably suspected that the population has undergone, or is likely to undergo, within a time frame appropriate to the life cycle and habitat characteristics of the taxon, a very large reduction in 1 or more of the following—
(a)  an index of abundance appropriate to the taxon,
(b)  geographic distribution,
(c)  genetic diversity.
(2)  The Fisheries Scientific Committee must have regard to the following in determining the extent of the reduction referred to in subclause (1)—
(a)  the rate of and trends in the reduction,
(b)  the resilience of the population in relation to current or potential threatening processes,
(c)  the ability of the population to recover rapidly from low numbers,
(d)  the reproductive potential of the population in relation to the following—
(i)  reproductive ecology and behaviour and the relationship of these to any threatening process or processes, and the probability of recruitment failure,
(ii)  historical, anecdotal or scientific data suggesting a reduction in the production of eggs or progeny compared to the unexploited state, to an extent that the ability of the species to maintain viable populations has been compromised,
(iii)  evidence of a reduction in the generation time and life span of the species relative to the unexploited state,
(iv)  population density, and the significance of population density in the species’ reproductive strategies,
(v)  effective population size,
(e)  evidence of recovery from low numbers following the introduction of protection measures or changes to management strategies,
(f)  the current management strategies in relation to life history and reproductive ecology,
(g)  assessment of the probability of extinction,
(h)  evidence of declining abundance across the population’s range for wide ranging or naturally rare or uncommon species,
(i)  other aspects of the life history and ecology of the population, including any of the following—
(i)  age and growth patterns,
(ii)  habitat types and usages,
(iii)  susceptibility to disease,
(iv)  obligate migration requirements,
(j)  restricted or disjunct populations of naturally rare and uncommon species,
(k)  the precautionary principle, namely, that if there are threats of serious or irreversible damage to the population, lack of full scientific certainty should not be used as a reason for postponing measures to prevent that damage,
(l)  other supporting information, including the following—
(i)  expert advice,
(ii)  anecdotal information where there is independent verification,
(iii)  written evidence, especially of a historical nature,
(iv)  any other corroborating evidence.
241   Criteria—threatening processes
There is, or there is observed, estimated, inferred or reasonably suspected to be, a historical, current or potential threatening process, or threatening processes affecting the population, having regard to the following—
(a)  the number and nature of the threatening processes,
(b)  the potential for synergistic effects between threatening processes,
(c)  the extent of the threatening processes relative to the geographic distribution of the population,
(d)  the impact of the threatening processes on the diversity and quality of the population’s habitat,
(e)  the level of protection offered to the population within existing reserve systems, other forms of refuge or by current management strategies.
Division 4 Criteria for listing of ecological communities
242   Criteria for listing determinations by Fisheries Scientific Committee
(1) Critically endangered ecological communities For the purposes of section 220FB (1) of the Act, an ecological community is facing an extremely high risk of extinction in New South Wales in the immediate future if, in the opinion of the Fisheries Scientific Committee—
(a)  it is defined by species occupying a particular area, and
(b)  it meets the criteria specified for critically endangered ecological communities in this Division.
(2) Endangered ecological communities For the purposes of section 220FB (2) of the Act, an ecological community is facing a very high risk of extinction in New South Wales in the near future if, in the opinion of the Fisheries Scientific Committee—
(a)  it is defined by species occupying a particular area, and
(b)  it meets the criteria specified for endangered ecological communities in this Division.
(3) Vulnerable ecological communities For the purposes of section 220FB (3) of the Act, an ecological community is facing a high risk of extinction in New South Wales in the medium-term future if, in the opinion of the Fisheries Scientific Committee—
(a)  it is defined by species occupying a particular area, and
(b)  it meets the criteria specified for vulnerable ecological communities in this Division.
243   Criteria—reduction in ecological function, geographic distribution or genetic diversity
(1)  It is observed, estimated, inferred or reasonably suspected that the ecological community has undergone, or is likely to undergo, within a time frame appropriate to the life cycle and habitat characteristics of the component species—
(a)  for critically endangered ecological communities—an extremely large reduction in 1 or more of the following—
(i)  ecological function,
(ii)  geographic distribution,
(iii)  genetic diversity, or
(b)  for endangered ecological communities—a very large reduction in 1 or more of the following—
(i)  ecological function,
(ii)  geographic distribution,
(iii)  genetic diversity, or
(c)  for vulnerable ecological communities—a large reduction in 1 or more of the following—
(i)  ecological function,
(ii)  geographic distribution,
(iii)  genetic diversity.
(2)  The Fisheries Scientific Committee must have regard to the following in determining the extent of the reduction referred to in subclause (1)—
(a)  the rate of and trends in the reduction,
(b)  the resilience of the ecological community in relation to current or potential threatening processes,
(c)  evidence of recovery of the ecological community following the introduction of protection measures or changes to management strategies,
(d)  assessment of the probability of extinction,
(e)  the precautionary principle, namely, that if there are threats of serious or irreversible damage to the ecological community, lack of full scientific certainty should not be used as a reason for postponing measures to prevent that damage,
(f)  other supporting information, including the following—
(i)  expert advice,
(ii)  anecdotal information where there is independent verification,
(iii)  written evidence, especially of a historical nature,
(iv)  any other corroborating evidence.
244   Criteria—threatening processes
(1)  For critically endangered, endangered and vulnerable ecological communities, there is, or there is observed, estimated, inferred or reasonably suspected to be, a historical, current or potential threatening process, or threatening processes affecting the ecological community.
(2)  The Fisheries Scientific Committee must have regard to the following in determining the relevant extent of the effect of the threatening process or threatening processes—
(a)  the number and nature of the threatening processes,
(b)  the potential for synergistic effects between threatening processes,
(c)  the extent of the threatening processes relative to the geographic distribution of the ecological community,
(d)  the impact of the threatening processes on the diversity and quality of the ecological community’s habitat,
(e)  the level of protection offered to the ecological community within existing reserve systems, other forms of refuge or by current management strategies.
Division 5 Miscellaneous
pt 14, div 5, hdg: Subst 2021 (482), Sch 1[3].
245   Activities that are not routine activities in connection with lawful taking of fish or marine vegetation
For the purposes of section 220ZF (1) (d) of the Act, any activity, that, by its nature, results in, or is likely to result in, the repeated taking of a threatened species of fish (within the meaning of Part 7A of the Act) is declared not to be a routine activity.
246   Limitations on routine farming practice activities
(1)  A routine farming practice activity referred to in section 220ZFA (1) (b) of the Act is limited by excluding any activity that involves buying, selling or being in possession of any fish or marine vegetation that is, or is part of, a threatened species, an endangered population or an endangered ecological community (within the meaning of Part 7A of the Act).
(2)  A routine farming practice activity referred to in section 220ZFA (1) (b) of the Act is limited by excluding any activity carried out for the purposes of preventing, reducing, minimising or eliminating—
(a)  damage to or loss of crops, livestock or farming infrastructure (such as dams, fences, buildings, sheds, windmills, bores, air strips, stockyards and farm roads), or
(b)  injury to the health of livestock,
if the activity results in or is likely to result in the harming of—
(c)  any fish that is, or is part of, a threatened species, an endangered population or an endangered ecological community (within the meaning of Part 7A of the Act), or
(d)  any protected marine vegetation.
(3)  In this clause, protected marine vegetation means marine vegetation to which section 205 of the Act applies.
246A   Possession of live Murray cod prohibited in certain parts of northeastern NSW—the Act, s 220ZE
(1)  A person must not be in possession of live Murray cod when the person is in, on or adjacent to relevant waters.
(2)  A person must not release live Murray cod into relevant waters.
Note—
See also the Act, section 216, which prohibits the release of live fish in certain circumstances.
(3)  In this clause—
Murray cod means fish of the species Maccullochella peelii.
release a fish includes deposit or permit the fish to escape.
relevant waters means all inland waters north of Waterfall Way between Urunga and Armidale that are east of the Great Dividing Range and includes a farm dam, within the meaning of the Act, section 198A.
Maximum penalty—100 penalty units for a corporation or 50 penalty units for an individual.
cl 246A: Ins 2021 (482), Sch 1[4].
Part 15 Ministerial advisory councils
247   Establishment of advisory councils
(1)  For the purposes of section 229 of the Act, the following advisory councils are to be established—
(a)  Ministerial Fisheries Advisory Council,
(b)  Recreational Fishing NSW Advisory Council,
(c)  Aboriginal Fishing Advisory Council,
(d)  Commercial Fishing NSW Advisory Council.
Note—
Schedule 7 makes provision for the membership and procedure of the advisory councils.
(2)  The Minister may call for expressions of interest in membership of the advisory councils (other than the Aboriginal Fishing Advisory Council) by publishing a notice in any manner that the Minister is satisfied is likely to bring the notice to the attention of members of the public generally.
248   Ministerial Fisheries Advisory Council
(1)  The Ministerial Fisheries Advisory Council is to be composed of the following members—
(a)  1 person who the Minister is satisfied has expertise in commercial fishing or will represent commercial fishing interests,
(b)  1 person who the Minister is satisfied has expertise in recreational fishing or will represent recreational fishing interests,
(c)  1 person who the Minister is satisfied has expertise in aquaculture or will represent aquaculture interests,
(d)  1 person who the Minister is satisfied has expertise in Aboriginal cultural fishing or will represent Aboriginal cultural fishing interests,
(e)  1 person who the Minister is satisfied has expertise in conservation of aquatic resources or will represent those conservation interests,
(f)  a senior officer of the Department.
(2)  The member of the Ministerial Fisheries Advisory Council who is a senior officer of the Department is not entitled to vote at meetings of the Council.
249   Recreational Fishing NSW Advisory Council
(1)  The Recreational Fishing NSW Advisory Council is to be composed of the following members—
(a)  persons who, in the opinion of the Minister, individually have significant experience, and a sound understanding of major recreational fishing and resource management issues, in the recreational fishing sector in at least 1 of the regions determined by the Minister under subclause (2), and collectively have such experience and understanding in all such regions,
(b)  1 person with expertise in spearfishing,
(c)  1 person with expertise in charter boat fishing,
(d)  the person appointed to the Ministerial Fisheries Advisory Council under clause 248 (1) (b),
(e)  a nominee of the Secretary,
(f)  such other persons as the Minister considers appropriate.
(2)  The Minister is, by notice published in the Gazette, to determine regions for the purposes of subclause (1) (a).
250   Aboriginal Fishing Advisory Council
(1)  The Aboriginal Fishing Advisory Council is to be composed of the following members—
(a)  Aboriginal persons appointed to represent different regions of the State (not more than 10 persons in total),
(b)  1 other Aboriginal person,
(c)  1 person appointed as a representative of NTSCORP Limited,
(d)  1 person appointed as a representative of the New South Wales Aboriginal Land Council,
(e)  a senior officer of the Department.
(2)  The member of the Aboriginal Fishing Advisory Council who is a senior officer of the Department is not entitled to vote at meetings of the Council.
251   Commercial Fishing NSW Advisory Council
(1)  The Commercial Fishing NSW Advisory Council is to be composed of the following members—
(a)  for each restricted fishery, 1 person who—
(i)  is an employee or office holder of an industry body that represents the fishery, or
(ii)  is eligible for an endorsement in the restricted fishery (other than a nominated fisher) who, in the opinion of the Minister, has expertise (or has shown leadership) in the fishery or in the commercial sector of the fishing industry generally,
(b)  for each share management fishery, 1 person who—
(i)  is an employee or office holder of an industry body that represents the fishery, or
(ii)  holds shares in the fishery and who, in the opinion of the Minister, has expertise (or has shown leadership) in the fishery or in the commercial sector of the fishing industry generally,
(c)  the person appointed to the Ministerial Fisheries Advisory Council under clause 248 (1) (a),
(d)  an Aboriginal person who is a commercial fisher,
(e)  a nominee of the Secretary.
(2)  The member of the Commercial Fishing NSW Advisory Council who is the nominee of the Secretary is not entitled to vote at meetings of the Council.
Part 16 Miscellaneous
252   Constitution of compensation review panel
(1)  For the purposes of section 34O (2) of the Act, a panel is to be composed of the following members appointed by the Minister—
(a)  1 person who, in the opinion of the Minister, has expertise in valuation and is otherwise appropriately qualified to conduct the review (not being a person who is engaged in the administration of the Act or in commercial fishing),
(b)  1 person who, in the opinion of the Minister, has extensive practical experience in the commercial fishing industry (not being a person who is engaged in the administration of the Act or a person who has a financial interest in the fishery to which the review relates),
(c)  an officer of the Department.
(2)  The member referred to in subclause (1) (a) is to be the chairperson of the panel.
(3)  A decision supported by the majority of the members of a panel is the decision of the panel.
(4)  The procedure of the panel is to be determined by the Minister.
253   Interstate fisheries officers are fisheries officers in NSW
For the purposes of section 243 (1) (d) of the Act, persons appointed to enforce a law relating to commercial fishing operations of the Commonwealth, another State or a Territory are prescribed as fisheries officers.
254   Fishing assets for Aboriginal fishing assistance programs
For the purposes of paragraph (c) of the definition of fishing assets in section 237B (11) of the Act, fishing assets includes the following—
(a)  a fishing business that has an endorsement in a restricted fishery as a component,
(b)  an aquaculture lease granted by the Minister under section 163 of the Act.
255   Forfeiture offences
For the purposes of section 265 (2) of the Act, the following are declared to be forfeiture offences—
(a)  an offence against section 14, 16, 17, 18, 19, 20, 20A, 21B, 24, 25, 35, 65, 68, 102, 104, 108, 112, 220ZA, 220ZB, 220ZC or 247 of the Act,
(b)  a share forfeiture offence (within the meaning of section 75 of the Act),
(c)  an offence against clause 79 or 81 of this Regulation.
Note—
Under section 265 of the Act, a fisheries officer may seize a boat or motor vehicle that the officer has reason to believe has been used by a person engaged in commercial fishing activities for the purpose of committing a forfeiture offence.
256   Payment by instalments
(1)  Despite any other provision of this Regulation, but subject to the Act, the Minister may approve the payment by instalments of any fee, charge or other amount payable under the Act or this Regulation.
(2)  An approval may establish guidelines in accordance with which instalments are to be paid.
(3)  An approval may require interest to be paid on late instalments, at a rate not exceeding the rate payable on judgments of the Supreme Court.
(4)  If a person fails to pay an instalment on or before the due date, the total amount of all instalments unpaid on that date, together with any interest, becomes due and payable.
257   Offences under 1935 Act
In this Regulation, a reference to an offence under the Act or the regulations is taken to include a reference to an offence under the Fisheries Act 1935 (formerly the Fisheries and Oyster Farms Act 1935) or regulations made under that Act.
258   Savings
(1)  Any act, matter or thing that, immediately before the repeal of the repealed Regulation, had effect under the repealed Regulation continues to have effect under this Regulation.
(2)  The following restricted fisheries declared under this Regulation are a continuation of the restricted fisheries declared under the repealed Regulation—
(a)  sea urchin and turban shell restricted fishery,
(b)  southern fish trawl restricted fishery,
(c)  inland restricted fishery.
(3)  The following advisory councils established by the Minister under this Regulation are a continuation of the advisory councils established by the Minister under the repealed Regulation—
(a)  Ministerial Fisheries Advisory Council,
(b)  Recreational Fishing NSW Advisory Council,
(c)  Aboriginal Fishing Advisory Council,
(d)  Commercial Fishing NSW Advisory Council.
(4)  A person who was a member of an advisory council immediately before the repeal of the repealed Regulation is taken to have been appointed as a member of the advisory council established under this Regulation.
(5)  A person who was the chairperson of an advisory council immediately before the repeal of the repealed Regulation is taken to have been appointed as chairperson of the advisory council established under this Regulation.
(6)  In this clause, repealed Regulation means the Fisheries Management (General) Regulation 2010.
Schedule 1 Bag limits
(Division 2 of Part 2)
Part 1 Marine and estuarine fish
Column 1
Column 2
Column 3
Column 4
Common name
Species
Daily limit
Possession limit
Fish
Australian Anchovy
Engraulis australis
100
100
Banded Rockcod
Epinephelus ergastularius
5 comprised of any single species or a combination of species, with a maximum of 2 Gemfish
5 comprised of any single species or a combination of species, with a maximum of 2 Gemfish
Bass Groper
Polyprion americanus
Gemfish
Rexea solandri
Hapuku
Polyprion oxygeneios
Blue-eye Trevalla, Trevalla
Hyperoglyphe antarctica
Billfish
Families Xiphiidae and Istiophoridae
1 of each species
1 of each species
Rock Blackfish
Girella elevata
10
10
Cobia
Rachycentron canadum
5
5
Australian Bonito
Sarda australis
10
10
Tarwhine
Rhabdosargus sarba
10 comprised wholly of any single species or a combination of species or 10 comprised wholly of Black Bream and Yellowfin Bream
20 comprised wholly of any single species or a combination of species or 20 comprised wholly of Black Bream and Yellowfin Bream
Black Bream, Southern Bream
Acanthopagrus butcheri
Yellowfin Bream
Acanthopagrus australis
Dusky Flathead, Common Flathead
Platycephalus fuscus
10 (only 1 of which can be longer than 70 cm)
10 (only 1 of which can be longer than 70 cm)
Bluespotted Flathead, Sand Flathead
Platycephalus caeruleopunctatus
10 comprised wholly of a single flathead species or a combination of species except for Dusky Flathead, which are subject to a separate limit
20 comprised wholly of a single flathead species or a combination of species except for Dusky Flathead, which are subject to a separate limit
Tiger Flathead
Platycephalus richardsoni
Flathead
Platycephalus spp.
Flounder
Families Bothidae and Pleuronectidae
20 comprised wholly of any single species or a combination of species
20 comprised wholly of any single species or a combination of species
Sole
Families Cynoglossidae and Soleidae
Eastern Sea Garfish
Hyporhamphus australis
20
20
Garfish (except Eastern Sea Garfish)
Family Hemiramphidae
50 comprised wholly of any single species or a combination of species
50 comprised wholly of any single species or a combination of species
Eastern Blue Groper, Blue Groper, Brown Groper, Red Groper
Achoerodus viridis
2 (only 1 of which can be longer than 60 cm)
2 (only 1 of which can be longer than 60 cm)
Largehead Hairtail, Hairtail
Trichiurus lepturus
10
10
Hardyhead, Silverfish
Family Atherinidae
50 comprised wholly of any single species or a combination of species
50 comprised wholly of any single species or a combination of species
Southern Herring
Herklotsichthys castelnaui
100
100
Yellowtail Kingfish
Seriola lalandi
5
5
Leatherjacket
Family Monacanthidae
20 comprised wholly of any single species or a combination of species
20 comprised wholly of any single species or a combination of species
Luderick
Girella tricuspidata
10
20
Blue Mackerel, Slimy Mackerel
Scomber australasicus
50
50
Spotted Mackerel
Scomberomorus munroi
5 comprised wholly of Spotted Mackerel or wholly of Spanish Mackerel or partly of each
5 comprised wholly of Spotted Mackerel or wholly of Spanish Mackerel or partly of each
Spanish Mackerel
Scomberomorus commerson
Mahi Mahi, Dolphinfish
Coryphaena hippurus
10 (only 1 of which can be longer than 110 cm)
10 (only 1 of which can be longer than 110 cm)
Mangrove Jack
Lutjanus argentimaculatus
5
5
Maray, Round Herring
Etrumeus teres
100
100
Banded Morwong
Cheilodactylus spectabilis
5
5
Jackass Morwong
Nemadactylus macropterus
10
10
Red Morwong, Sea Carp
Cheilodactylus fuscus
5
5
Grey Morwong, Rubberlip Morwong
Nemadactylus douglasii
10
10
Mullet
Family Mugilidae
20 comprised wholly of any single species or a combination of species
20 comprised wholly of any single species or a combination of species
Mulloway
Argyrosomus japonicus
5 (only 2 of which can be longer than 70 cm)
5 (only 2 of which can be longer than 70 cm)
Moses Snapper, Moses Perch
Lutjanus russelli
5
5
Pearl Perch
Glaucosoma scapulare
5
5
Australian Sardine, Pilchard
Sardinops sagax
100
100
Eastern Australian Salmon, Australian Salmon
Arripis trutta
5
5
Samsonfish, Amberjack
Seriola hippos, Seriola dumerili
5 comprised wholly of any single species or a combination of species
5 comprised wholly of any single species or a combination of species
Eastern Red Scorpionfish, Eastern Red Rockcod
Scorpaena cardinalis
5
5
Sharks and Rays (other than Wobbegongs)
All species (other than Orectolobus spp.)
5 comprised wholly of any single species or a combination of species but with no more than 1 of each of the following—
(a)  Galeocerdo cuvier (Tiger Shark),
(b)  Isurus oxyrinchus (Shortfin Mako),
(c)  Family Carcharhinidae (Whaler Shark, Blue Shark),
(d)  Sphyrna zygaena (Smooth Hammerhead).
5 comprised wholly of any single species or a combination of species but with no more than 1 of each of the following—
(a)  Galeocerdo cuvier (Tiger Shark),
(b)  Isurus oxyrinchus (Shortfin Mako),
(c)  Family Carcharhinidae (Whaler Shark, Blue Shark),
(d)  Sphyrna zygaena (Smooth Hammerhead).
Snapper
Chrysophrys auratus
10
10
Blue Sprat, Bluebait
Spratelloides robustus
100
100
Sandy Sprat, Whitebait
Hyperlophus vittatus
100
100
Australian Sawtail, Sawtail Surgeon
Prionurus microlepidotus
5
5
Tailor
Pomatomus saltatrix
10
20
Teraglin
Atractoscion aequidens
5
5
Trevally
Pseudocaranx georgianus, Caranx spp.
10 comprised wholly of any single species or a combination of species
20 comprised wholly of any single species or a combination of species
Albacore, Albacore Tuna
Thunnus alalunga
7 comprised of any single species or combination of species, of which 2 have a length of 90 cm or more and 5 have a length of less than 90 cm
7 comprised of any single species or combination of species, of which 2 have a length of 90 cm or more and 5 have a length of less than 90 cm
Bigeye Tuna
Thunnus obesus
Longtail Tuna
Thunnus tonggol
Yellowfin Tuna
Thunnus albacares
Southern Bluefin Tuna
Thunnus maccoyii
1
1
Wahoo
Acanthocybium solandri
5
5
Wobbegong
Orectolobus spp.
0
0
Whiting
Sillago spp.
20 comprised of any single species or a combination of species
20 comprised of any single species or a combination of species
Yellowtail, Jack Mackerel
Trachurus spp.
50 comprised wholly of any single species or a combination of species
50 comprised wholly of any single species or a combination of species
Invertebrates
Blacklip Abalone, Abalone
Haliotis rubra rubra
2
2
Beachworm
Family Onuphidae
20
20
Cockle
Anadara trapezia
50 comprised wholly of Cockles or wholly of Pipis or wholly of Blue Mussels or partly of each
50 comprised wholly of Cockles or wholly of Pipis or wholly of Blue Mussels or partly of each
Pipi
Donax deltoides
Blue Mussel, Mussel
Mytilus galloprovincialis
Blue Swimmer Crab, Sand Crab
Portunus armatus
10
20
Giant Mud Crab, Black Crab, Mangrove Crab
Scylla serrata
5
5
Spanner Crab
Ranina ranina
10
10
Soldier Crab
Family Mictyridae
100 comprised wholly of any single species or a combination of species
100 comprised wholly of any single species or a combination of species
Crab (except for Blue Swimmer Crab, Sand Crab, Giant Mud Crab, Spanner Crab and Soldier Crab)
Subclass Brachyura
10 comprised wholly of any single species or a combination of species
10 comprised wholly of any single species or a combination of species
Cunjevoi
Pyura spp.
20 comprised wholly of any single species or a combination of species
20 comprised wholly of any single species or a combination of species
Eastern Rock Lobster
Sagmariasus verreauxi
2 comprised wholly of any single species or a combination of species
2 comprised wholly of any single species or a combination of species
Southern Rock Lobster
Jasus edwardsii
Tropical Rock Lobster, Painted Rock Lobster, Ornate Rock Lobster
Panulirus spp. except Panulirus cygnus
2 comprised wholly of any single species or a combination of species
2 comprised wholly of any single species or a combination of species
Slipper Lobster, Flat Lobster
Scyllarides spp.
2
2
Octopus
All species
10 comprised wholly of any single species or a combination of species
10 comprised wholly of any single species or a combination of species
Sydney Rock Oyster
Saccostrea glomerata
50 comprised wholly of any single species or a combination of species
50 comprised wholly of any single species or a combination of species
Pacific Oyster
Crassostrea gigas, Magallana gigas
Native Oyster, Flat Oyster, Drift Oyster
Ostrea angasi
Molluscs (except Squid, Octopus and Cuttlefish (class Cephalopoda) and any other Mollusc referred to in this Schedule)
Phylum Mollusca
20 comprised wholly of any single species or a combination of species
20 comprised wholly of any single species or a combination of species
Prawns
Family Penaeidae and Macrobrachium spp.
10 litres
10 litres
Saltwater Nippers
Genus Callianassa and Alpheus spp.
100 comprised wholly of any single species or a combination of species
100 comprised wholly of any single species or a combination of species
Scallops
Family Pectinidae
50
50
Sea Urchin
Class Echinoidea
10 comprised wholly of any single species or a combination of species
10 comprised wholly of any single species or a combination of species
Squid
All species
20 comprised wholly of any single species or a combination of species
20 comprised wholly of any single species or a combination of species
Cuttlefish
All species
Worms (except Beachworms)
Class Polychaeta other than family Onuphidae
100 comprised wholly of any single species or a combination of species
100 comprised wholly of any single species or a combination of species
Part 2 Freshwater and estuarine fish
Column 1
Column 2
Column 3
Column 4
Column 5
Common name
Species
Waters
Daily limit
Possession limit
Fish
Golden Perch, Yellow Belly Perch
Macquaria ambigua
All waters of NSW
5
10
Murray Cod
Maccullochella peelii
All waters of NSW
2
4
Silver Perch
Bidyanus bidyanus
Waters from which Silver Perch may lawfully be taken
5
10
Freshwater Catfish, Eel-tailed Catfish
Tandanus tandanus
Backed up waters of dams and impoundments
5
10
All other waters of NSW
2
4
Australian Bass
Macquaria novemaculeata
Backed up waters of dams and impoundments
2 comprised wholly of a single species or of a combination of species
4 comprised wholly of a single species or of a combination of species
Estuary Perch
Macquaria colonorum
 
Australian Bass
Macquaria novemaculeata
All other waters of NSW
2 comprised wholly of 1 species or of a combination of species (with not more than 1, of either species, being longer than 35 cm)
4 comprised wholly of 1 species or of a combination of species (only 1 of which can be longer than 35 cm)
Estuary Perch
Macquaria colonorum
Atlantic Salmon
Salmo salar
All waters of NSW
5 comprised of any single species or a combination of species
10 comprised of a combination of species
Brook Trout
Salvelinus fontinalis
Brown Trout
Salmo trutta
Rainbow Trout
Oncorhynchus mykiss
Invertebrates
Spiny Crayfish (other than Murray Crayfish)
Euastacus spp. (other than Euastacus armatus)
All waters of NSW
5 comprised of any single species or a combination of species (only 1 of which can be longer than 12 cm)
10 comprised of any single species or a combination of species (only 1 of which can be longer than 12 cm)
Murray Crayfish
Euastacus armatus
All waters of NSW
2
4
Yabby
Cherax spp.
All waters of NSW
200
200
Schedule 2 Fish and waters protected from commercial fishing
(Clause 18 (1))
1   Back Lake (also known as Back Lagoon)
(1)  Waters: The whole of the waters of Back Lake and its tributaries, from its confluence with the South Pacific Ocean to its source.
(2)  Prohibited class of commercial fishing: All commercial fishing.
2   Barwon River
(1)  Waters: Those parts of the Barwon River, including its tributaries and other waters, within a radius of 5 kilometres of each of the following co-ordinates—
(a)  29°32.628′S, 148°34.551′E (Collarenebri),
(b)  28°58.637′S, 148°59.547′E (Mungindi).
(2)  Prohibited class of commercial fishing: All commercial fishing, other than the taking of carp.
3   Bega River
(1)  Waters: The whole of the waters of Bega River and its tributaries, from its confluence with the South Pacific Ocean upstream to its source.
(2)  Prohibited class of commercial fishing: All commercial fishing.
4   Bellinger River (including Kalang River)
(1)  Waters: The whole of the waters of Bellinger River and its tributaries (including Kalang River and its tributaries), from its confluence with the South Pacific Ocean upstream to its source.
(2)  Prohibited class of commercial fishing: All commercial fishing.
5   Bermagui River
(1)  Waters: The whole of the waters of Bermagui River and its tributaries, from a line drawn between the eastern extremity of the northern breakwall south to Bermagui Point upstream to its source.
(2)  Prohibited class of commercial fishing: All commercial fishing, except the carriage of stowed fishing gear by boat directly from Bermagui Harbour to ocean waters.
6   Bogan River
(1)  Waters: That part of the Bogan River, including its tributaries and other waters, within a radius of 5 kilometres of the following co-ordinates: 31°33.752′S, 147°11.711′E (Nyngan).
(2)  Prohibited class of commercial fishing: All commercial fishing, other than the taking of carp.
7   Botany Bay
(1)  Waters: The whole of the waters of Botany Bay and its tributaries.
(2)  Prohibited class of commercial fishing: All commercial fishing, other than the taking of lobster in accordance with the Fisheries Management (Lobster Share Management Plan) Regulation 2000 and abalone in accordance with the Fisheries Management (Abalone Share Management Plan) Regulation 2000.
8   Burrill Lake
(1)  Waters: The whole of the waters of Burrill Lake and Burrill Lake Entrance Channel and their tributaries.
(2)  Prohibited class of commercial fishing: All commercial fishing.
9   Camden Haven River
(1)  Waters: The whole of the waters of Camden Haven River and its tributaries (including Gogleys Lagoon), from a line drawn between the eastern extremities of its northern and southern breakwalls upstream to North Haven Bridge and Dunbogan Bridge (including the waters under those bridges).
(2)  Prohibited class of commercial fishing: All commercial fishing.
10   Castlereagh River
(1)  Waters: Those parts of the Castlereagh River, including its tributaries and other waters, within a radius of 5 kilometres of each of the following co-ordinates—
(a)  31°16.466′S, 149°16.661′E (Coonabarabran),
(b)  30°57.259′S, 148°23.070′E (Coonamble),
(c)  31°42.684′S, 148°39.624′E (Gilgandra).
(2)  Prohibited class of commercial fishing: All commercial fishing, other than the taking of carp.
11   Clarence River—Hauling net
(1)  Waters: That part of Clarence River enclosed within a line drawn across the river entrance from the eastern extremity of the northern breakwall to the eastern extremity of the southern breakwall, and then upstream to a line drawn from the RMS Front Lead Beacon No 122 at mean high water mark on the northern side of Hickey Island, then northwesterly to the RMS Navigation Aid No 097 located on the downstream side of the easternmost opening in Middle Wall, then northeasterly across to the western extremity of Moriartys Wall.
(2)  Prohibited class of commercial fishing: All commercial fishing, except the class of commercial fishing that consists of the lawful use of a hauling net (general purpose) on and from 1 April in any year up to and including 31 August in that year in the waters adjacent to Wave Trap Beach located at the western end of the northern breakwall at the entrance of Clarence River.
12   Clarence River
(1)  Waters: The following waters of Clarence River—
(a)  the whole of the waters of Oyster Channel from a line drawn from the Departmental marker post RFH1, located on the southern shore adjacent to the intersection of Micalo and Yamba Roads, northeasterly to the Departmental marker post RFH2 located on the shore north of Whyna Island, then following the mean high water mark upstream to a Departmental marker post RFH3 beneath the second set of powerlines crossing Oyster Channel, located approximately 420 metres upstream from the Oyster Channel road bridge, then westerly following the powerlines to a Departmental marker post RFH4 on the shore of Micalo Island,
(b)  the whole of the waters of Romiaka Channel south from a line drawn from the Departmental marker post RFH5, located on the shore of the northern extremity of Romiaka Island, northerly across to the Departmental marker post RFH6 on the shore at Palmers Island, west of Ungundam Island, and then upstream to a line drawn from the Departmental marker post RFH7 located on the shore of Romiaka Island at the southern end of the rock retaining wall on “Burn’s farm”, then westerly across Romiaka Channel to the Departmental marker post RFH8 on the shore of Palmers Island,
(c)  the whole of the waters of the North Arm of the Clarence River within the following boundaries, commencing at the Departmental marker post RFH9 located on the shore beneath the multiple overhead powerlines crossing the waters of the North Arm near Marandowie Drive, Iluka, then westerly directly beneath those powerlines for 100 metres, then upstream and parallel to the shore to a line parallel to the powerlines drawn from the Departmental marker post RFH10 located on the shore near the northern end of the rock retaining wall at the entrance to Saltwater Inlet.
(2)  Prohibited class of commercial fishing: All commercial fishing.
13   Darling River
(1)  Waters: Those parts of the Darling River, including its tributaries and other waters, within a radius of 5 kilometres of each of the following co-ordinates—
(a)  30°05.404′S, 145°56.253′E (Bourke),
(b)  29°57.746′S, 146°51.667′E (Brewarrina),
(c)  32°23.999′S, 142°24.858′E (Menindee),
(d)  31°33.487′S, 143°22.647′E (Wilcannia).
(2)  Prohibited class of commercial fishing: All commercial fishing, other than the taking of carp.
14   Deep Creek
(1)  Waters: The whole of the waters of Deep Creek and its tributaries, from its confluence with the South Pacific Ocean upstream to its source.
(2)  Prohibited class of commercial fishing: All commercial fishing.
15   Edward River (Stevens Weir)
(1)  Waters: That part of Edward River from within 80 metres upstream and 70 metres downstream from the weir face at Stevens Weir.
(2)  Prohibited class of commercial fishing: All commercial fishing.
16   Frenchmans Creek (Lake Victoria)
(1)  Waters: That part of Frenchmans Creek at Lake Victoria inlet regulator within 100 metres upstream from the centre of the regulator wall and from a point on the northern bank 120 metres downstream from where the centre of the regulator wall adjoins the northern bank of Frenchmans Creek to a point on the southern bank, 100 metres downstream from where the centre of the regulator wall adjoins the southern bank of Frenchmans Creek.
(2)  Prohibited class of commercial fishing: All commercial fishing.
17   Gwydir River
(1)  Waters: That part of Gwydir River, including its tributaries and other waters, within a radius of 5 kilometres of the following co-ordinates: 29°27.779′S, 149°50.495′E (Moree).
(2)  Prohibited class of commercial fishing: All commercial fishing, other than the taking of carp.
18   Hastings River
(1)  Waters: The whole of the waters of Hastings River and its tributaries, from a line drawn between the eastern extremities of the northern and southern breakwalls upstream to its source.
(2)  Prohibited class of commercial fishing: All commercial fishing.
19   Lachlan River
(1)  Waters: Those parts of Lachlan River, including its tributaries and other waters, within a radius of 5 kilometres of each of the following co-ordinates—
(a)  33°05.327′S, 147°08.984′E (Condobolin),
(b)  33°23.042′S, 148°00.100′E (Forbes),
(c)  33°29.131′S, 145°31.888′E (Hillston).
(2)  Prohibited class of commercial fishing: All commercial fishing, other than the taking of carp.
20   Lachlan River (Brewster Weir)
(1)  Waters: That part of Lachlan River within 100 metres downstream from the weir face at Brewster Weir.
(2)  Prohibited class of commercial fishing: All commercial fishing.
21   Lachlan River (Brewster Weir Outlet Regulator)
(1)  Waters: That part of Lachlan River within 100 metres downstream from the outer wall of Brewster Weir outlet regulator.
(2)  Prohibited class of commercial fishing: All commercial fishing.
22   Lachlan River (Lake Brewster—Ballyrogan Channel)
(1)  Waters: That part of Ballyrogan Channel within 100 metres downstream from the outer wall of Lake Brewster outlet regulator.
(2)  Prohibited class of commercial fishing: All commercial fishing.
23   Lachlan River (Lake Cargelligo)
(1)  Waters: That part of Lachlan River within 50 metres upstream and 50 metres downstream from the weir face at Lake Cargelligo.
(2)  Prohibited class of commercial fishing: All commercial fishing.
24   Lachlan River (Willandra Weir)
(1)  Waters: That part of Lachlan River within 100 metres downstream from the weir face at Willandra Weir.
(2)  Prohibited class of commercial fishing: All commercial fishing.
25   Lake Brunderee
(1)  Waters: The whole of the waters of Lake Brunderee and its tributaries.
(2)  Prohibited class of commercial fishing: All commercial fishing.
26   Lake Conjola
(1)  Waters: The whole of the waters of Lake Conjola and Berringer Lake and their tributaries.
(2)  Prohibited class of commercial fishing: All commercial fishing.
27   Lake Macquarie
(1)  Waters: The whole of the waters of Lake Macquarie and its tributaries.
(2)  Prohibited class of commercial fishing: All commercial fishing.
28   Little Lake (also known as Little Tilba Lake and Hoyers Lake)
(1)  Waters: The whole of the waters of Little Lake immediately south of Tilba Lake and its tributaries.
(2)  Prohibited class of commercial fishing: All commercial fishing.
29   MacIntyre River (Goondiwindi Weir)
(1)  Waters: That part of MacIntyre River and its tributaries, from within 150 metres upstream and 150 metres downstream from the weir face at Goondiwindi Weir.
(2)  Prohibited class of commercial fishing: All commercial fishing.
30   Macquarie River
(1)  Waters: Those parts of Macquarie River, including its tributaries and other waters, within a radius of 5 kilometres of each of the following co-ordinates—
(a)  32°14.835′S, 148°36.229′E (Dubbo),
(b)  32°13.943′S, 148°14.371′E (Narromine),
(c)  31°42.041′S, 147°50.119′E (Warren).
(2)  Prohibited class of commercial fishing: All commercial fishing, other than the taking of carp.
31   Manning River
(1)  Waters: The whole of the waters of Manning River and its tributaries (including Scotts Creek), from its confluence with the South Pacific Ocean upstream to and including—
(a)  Ghinni Ghinni Creek, from a line drawn from a point on the south western shoreline at the mouth of Ghinni Ghinni Creek at 31°52.984′S, 152°33.565′E in a generally easterly direction to the shoreline of Oxley Island at 31°53.066′S, 152°34.011′E, and
(b)  Berady Creek, from a line drawn from the upriver bank of Berady Creek due east to the eastern side of Manning River, in the south channel.
(2)  Prohibited class of commercial fishing: All commercial fishing.
32   Mehi River (Moree Weir)
(1)  Waters: That part of Mehi River and its tributaries, from within 15 metres upstream and 85 metres downstream from the weir face at Moree Weir.
(2)  Prohibited class of commercial fishing: All commercial fishing.
33   Meroo Lake
(1)  Waters: The whole of the waters of Meroo Lake and its tributaries.
(2)  Prohibited class of commercial fishing: All commercial fishing.
34   Mummaga Lake (also known as Dalmeny Lake)
(1)  Waters: The whole of the waters of Mummaga Lake and its tributaries.
(2)  Prohibited class of commercial fishing: All commercial fishing.
35   Murray River (Kulnine—Weir and Lock 9)
(1)  Waters: That part of Murray River at Weir 9 at Kulnine within 50 metres upstream from the centre of the weir wall and from the downstream end of the inner wall of the lock chamber in a straight line across the river to a point on the NSW bank, 150 metres downstream from where the weir wall adjoins the NSW bank.
(2)  Prohibited class of commercial fishing: All commercial fishing.
36   Murray River (Mildura—Weir and Lock 11)
(1)  Waters: That part of Murray River at Weir 11 at Mildura within 50 metres upstream from the centre of the weir wall and from a point on the NSW bank 142 metres downstream from where the weir wall adjoins the NSW bank in a straight line across the river to a point on the Victorian bank, 120 metres downstream from where the weir wall adjoins the Victorian bank.
(2)  Prohibited class of commercial fishing: All commercial fishing.
37   Murray River (Robinvale—Weir and Lock 15)
(1)  Waters: That part of Murray River at Weir 15 at Robinvale within 50 metres upstream from the centre of the weir wall and from the downstream end of the inner wall of the lock chamber in a straight line across the river to a point on the NSW bank, 65 metres downstream from where the weir wall adjoins the NSW bank.
(2)  Prohibited class of commercial fishing: All commercial fishing.
38   Murray River (Rufus River—Weir and Lock 7)
(1)  Waters: That part of Murray River at Weir 7 at Rufus River within 50 metres upstream from the centre of the weir wall and from the downstream end of the inner wall of the lock chamber in a straight line across the river to a point on the NSW bank, 125 metres downstream from where the weir wall adjoins the NSW bank.
(2)  Prohibited class of commercial fishing: All commercial fishing.
39   Murray River (Torrumbarry Weir)
(1)  Waters: That part of Murray River within 100 metres upstream and 100 metres downstream from the weir face at Torrumbarry Weir.
(2)  Prohibited class of commercial fishing: All commercial fishing.
40   Murray River (Wangumma—Weir and Lock 8)
(1)  Waters: That part of Murray River at Weir 8 at Wangumma within 50 metres upstream from the centre of the weir wall and from the downstream end of the inner wall of the lock chamber in a straight line across the river to a point on the Victorian bank, 150 metres downstream from where the weir wall adjoins the Victorian bank.
(2)  Prohibited class of commercial fishing: All commercial fishing.
41   Murray River (Wentworth—Weir and Lock 10)
(1)  Waters: That part of Murray River at Weir 10 at Wentworth within 50 metres upstream from the centre of the weir wall and from the downstream end of the lock training wall in a straight line across the river to a point on the Victorian bank, 65 metres downstream from where the weir wall adjoins the Victorian bank.
(2)  Prohibited class of commercial fishing: All commercial fishing.
42   Murray and Darling Rivers
(1)  Waters: Those parts of Murray River and Darling River, including their tributaries and other waters, within a radius of 5 kilometres of the following co-ordinates: 34°06.421′S, 141°55.111′E (Wentworth).
(2)  Prohibited class of commercial fishing: All commercial fishing, other than the taking of carp.
43   Murrumbidgee River
(1)  Waters: Those parts of Murrumbidgee River, including its tributaries and other waters, within a radius of 5 kilometres of each of the following co-ordinates—
(a)  34°38.367′S, 143°33.779′E (Balranald),
(b)  34°34.092′S, 145°59.978′E (Darlington Point),
(c)  34°30.250′S, 144°50.667′E (Hay).
(2)  Prohibited class of commercial fishing: All commercial fishing, other than the taking of carp.
44   Murrumbidgee River (Balranald Weir)
(1)  Waters: That part of Murrumbidgee River within 94 metres upstream and 63 metres downstream from the weir face at Balranald Weir.
(2)  Prohibited class of commercial fishing: All commercial fishing.
45   Murrumbidgee River (Gogeldrie Weir)
(1)  Waters: That part of Murrumbidgee River within 125 metres upstream and 65 metres downstream from the weir face at Gogeldrie Weir.
(2)  Prohibited class of commercial fishing: All commercial fishing.
46   Murrumbidgee River (Hay Weir)
(1)  Waters: That part of Murrumbidgee River from within 74 metres upstream from where the weir wall adjoins the northern bank and 140 metres upstream from where the weir wall adjoins the southern bank and from within 154 metres downstream from the weir face at Hay Weir.
(2)  Prohibited class of commercial fishing: All commercial fishing.
47   Murrumbidgee River (Maude Weir)
(1)  Waters: That part of Murrumbidgee River within 70 metres upstream and 50 metres downstream from the weir face at Maude Weir.
(2)  Prohibited class of commercial fishing: All commercial fishing.
48   Murrumbidgee River (Redbank Weir)
(1)  Waters: That part of Murrumbidgee River within 93 metres upstream and 92 metres downstream from the weir face at Redbank Weir.
(2)  Prohibited class of commercial fishing: All commercial fishing.
49   Murrumbidgee River (Yanco Creek Weir)
(1)  Waters: That part of Murrumbidgee River within 73 metres upstream from the weir face at Yanco Creek Weir to the low level crossing located 53 metres downstream from where the weir wall adjoins the northern bank and 93 metres downstream from where the weir face adjoins the southern bank.
(2)  Prohibited class of commercial fishing: All commercial fishing.
50   Murrumbidgee River (Yanco Weir)
(1)  Waters: That part of Murrumbidgee River within 63 metres upstream and 80 metres downstream from the weir face at Yanco Weir.
(2)  Prohibited class of commercial fishing: All commercial fishing.
51   Namoi River
(1)  Waters: Those parts of Namoi River, including its tributaries and other waters, within a radius of 5 kilometres of each of the following co-ordinates—
(a)  30°19.574′S, 149°46.961′E (Narrabri),
(b)  30°01.294′S, 148°07.001′E (Walgett),
(c)  30°13.492′S, 149°26.665′E (Wee Waa).
(2)  Prohibited class of commercial fishing: All commercial fishing, other than the taking of carp.
52   Narrawallee Inlet
(1)  Waters: The whole of the waters of Narrawallee Inlet and its tributaries.
(2)  Prohibited class of commercial fishing: All commercial fishing.
53   Nelson Lagoon (also known as Nelson Lake)
(1)  Waters: The whole of the waters of Nelson Lagoon and its tributaries, from its confluence with the South Pacific Ocean upstream to its source.
(2)  Prohibited class of commercial fishing: All commercial fishing.
54   Newell Highway (east of)
(1)  Waters: All waters east of the Newell Highway, from the Queensland border at Goondiwindi to the Victorian border at Tocumwal.
(2)  Prohibited class of commercial fishing: All commercial fishing, other than the taking of carp.
55   Nullica River
(1)  Waters: The whole of the waters of Nullica River and its tributaries, from its confluence with Twofold Bay upstream to its source.
(2)  Prohibited class of commercial fishing: All commercial fishing.
56   Pambula River and Yowaka River
(1)  Waters: The whole of the waters of Pambula River and Yowaka River and their tributaries, upstream from a line drawn from the southern end of Tea Tree Point and then due west to the boat ramp.
(2)  Prohibited class of commercial fishing: All commercial fishing.
57   Richmond River—Hauling net
(1)  Waters: That part of Richmond River from a line drawn between the eastern extremities of the northern and southern breakwalls upstream to a line drawn across the river between the Burns Point Ferry ramps, including tributaries and canal estates.
(2)  Prohibited class of commercial fishing: All commercial fishing, except the class of commercial fishing that consists of the lawful use of a hauling net (general purpose) to take sea mullet (Mugil cephalus) during April to July each year from the waters enclosed north of a line drawn from the southernmost extremity of the rock embankment at the eastern end of Missingham Bridge to a point approximately 225 metres in an east south east direction along the northern breakwater adjacent to Shaws Bay.
58   Richmond River—Crab and eel traps
(1)  Waters: That part of Richmond River from a line drawn across the river between the Burns Point Ferry ramps upstream to a line drawn east across the river from the southeastern corner of Portion 21 at the eastern end of Emigrant Point Lane, including Emigrant Creek and other tributaries and canal estates.
(2)  Prohibited class of commercial fishing: All commercial fishing, except the class of commercial fishing that consists of the lawful use of a crab trap or an eel trap.
59   Rufus River (Lake Victoria)
(1)  Waters: That part of Rufus River at Lake Victoria outlet regulator within 100 metres upstream and 100 metres downstream from the centre of the regulator wall.
(2)  Prohibited class of commercial fishing: All commercial fishing.
60   St Georges Basin
(1)  Waters: The whole of the waters of St Georges Basin and its tributaries (including Sussex Inlet).
(2)  Prohibited class of commercial fishing: All commercial fishing.
61   Tabourie Lake
(1)  Waters: The whole of the waters of Tabourie Lake and its tributaries.
(2)  Prohibited class of commercial fishing: All commercial fishing.
62   Tomaga River
(1)  Waters: The whole of the waters of Tomaga River and its tributaries.
(2)  Prohibited class of commercial fishing: All commercial fishing.
63   Towamba River (also known as Kiah River)
(1)  Waters: The whole of the waters of Towamba River and its tributaries, from its confluence with Twofold Bay upstream to its source.
(2)  Prohibited class of commercial fishing: All commercial fishing.
64   Tuross Lake (including Tuross River and Borang Lake)
(1)  Waters: The whole of the waters of Tuross Lake and its tributaries (including Tuross River and Borang Lake).
(2)  Prohibited class of commercial fishing: All commercial fishing.
65   Tweed River
(1)  Waters: The following waters of Tweed River—
(a)  from a line drawn between the eastern extremities of the northern and southern breakwalls upstream to Boyds Bay Bridge (including the waters under the bridge) and a line drawn from the southern point of Rocky Point due east to Fingal Road, including Jack Evans Boat Harbour, the Southern Boat Harbour, tributaries and canal estates,
(b)  the canal estate off Bingham Bay known as Seagulls Canal, as well as its continuation on the other side of The Lakes Drive,
(c)  the canal estate off Cobaki Broadwater known as Tweed West Canals,
(d)  the tributary behind Caddy’s Island known as Blue Water Canals,
(e)  the canal estate behind Crystal Waters Drive known as Crystal Waters Canal,
(f)  the canal estate west of Boyd’s Island known as Endless Summer Canal Estate,
(g)  the canal estate generally north of Chinderah Island known as Oxley Cove,
(h)  Wommin Lagoon,
(i)  Wommin Lake.
(2)  Prohibited class of commercial fishing: All commercial fishing.
66   Wonboyn River and Wonboyn Lake
(1)  Waters: The whole of the waters of Wonboyn River (including Wonboyn Lake) and its tributaries, from its confluence with the South Pacific Ocean upstream to its source.
(2)  Prohibited class of commercial fishing: All commercial fishing.
67   Wonboyn Beach
(1)  Waters: The whole of the waters adjacent to the shoreline and 500 metres seaward of the mean high water mark of the entire length of Wonboyn Beach between Green Cape Peninsula in the north and Greenglade in the south, including Bay Cliff Headland.
(2)  Prohibited class of commercial fishing: All commercial fishing involving the use of a net.
Schedule 3 Fish and waters protected from recreational fishing
(Clause 19 (1))
Part 1 Definitions
1   
In this Schedule—
crab trap means a recreational crab trap or a commercial crab trap.
lobster trap means a recreational lobster trap or a commercial lobster trap.
public holiday means a day that is observed as a public holiday throughout New South Wales.
Part 2 Ocean and estuarine waters
2   All waters—Australian bass and estuary perch
(1)  Waters: All waters except the backed up waters of any freshwater impoundments and their tributaries, upstream from where they enter the backed up waters of any freshwater impoundments.
(2)  Prohibited fishing method: Any method other than by catch and release fishing (so that any fish caught are immediately returned to the water unharmed).
(3)  Species of fish that must not be taken: Australian Bass (Macquaria novemaculeata) and Estuary Perch (Macquaria colonorum).
(4)  Period: May to August (inclusive) in each year.
3   Tweed River Entrance
(1)  Waters: The whole of the waters of Tweed River, from its confluence with the South Pacific Ocean upstream to a line drawn east-west across the river and intersecting the northernmost extremity of Ukerebagh Island.
(2)  Prohibited fishing method: Any method involving the use of a trap, other than a bait trap.
(3)  Species of fish that must not be taken: Any species of fish.
(4)  Period: All year.
4   Tweed River (Wommin Lake and Wommin Lagoon)
(1)  Waters: The whole of the waters of Wommin Lake and Wommin Lagoon, adjacent to the main road from Chinderah to Fingal (Fingal Road).
(2)  Prohibited fishing method: Any method involving the use of a net, other than the following—
(a)  a dip or scoop net (prawns),
(b)  a landing net.
(3)  Species of fish that must not be taken: Any species of fish.
(4)  Period: All year.
5   Tweed River (Bray Park Weir)
(1)  Waters: That part of the tidal waters of the Tweed River within 400 metres downstream from the weir face of Bray Park Weir.
(2)  Prohibited fishing method: Any method involving the use of a net or trap, other than the following—
(a)  a landing net,
(b)  a bait trap.
(3)  Species of fish that must not be taken: Any species of fish.
(4)  Period: All year.
6   (Repealed)
7   Richmond River (Lower Reaches)—Traps
(1)  Waters: The whole of the waters of Richmond River and its tributaries, from a line drawn between the eastern extremities of the northern and southern breakwaters, upstream to the Burns Point ferry crossing.
(2)  Prohibited fishing method: Any method involving the use of a trap, other than a bait trap.
(3)  Species of fish that must not be taken: Any species of fish.
(4)  Period: All year.
8   Richmond River (Southern Burns Point)
(1)  Waters: The whole of the waters within a 50 metre radius of the southern Burns Point ferry approach ramp on Richmond River at Ballina.
(2)  Prohibited fishing method: Any method.
(3)  Species of fish that must not be taken: Any species of fish.
(4)  Period: All year.
9   Richmond River (Ballina Quays)—Nets
(1)  Waters: The whole of the waters of Richmond River known as Ballina Quays, north of a line drawn from the southwestern corner of Lot 1 Riverside Drive, bearing 231°31′ to the southwestern bank of Ballina Quays.
(2)  Prohibited fishing method: Any method involving the use of a net, other than a landing net.
(3)  Species of fish that must not be taken: Any species of fish.
(4)  Period: All year.
10   Richmond River (Artificial Lakes)—Nets
(1)  Waters: The whole of the tidal waters of the artificial lakes known as Prospect Lake, Chickiba Lake at East Ballina, Shaws Bay and Saltwater Lagoon (north of the northern training wall and breakwater) and their tributaries.
(2)  Prohibited fishing method: Any method involving the use of a net, other than the following—
(a)  a dip or scoop net (prawns),
(b)  a landing net.
(3)  Species of fish that must not be taken: Any species of fish.
(4)  Period: All year.
11   Richmond River and Wilsons River (Upper Reaches)—Traps
(1)  Waters: The whole of the tidal waters of Richmond River and its tributaries (including Wilsons River and its tributaries), upstream from Woodburn road bridge.
(2)  Prohibited fishing method: Any method involving the use of a trap, other than a bait trap.
(3)  Species of fish that must not be taken: Any species of fish.
(4)  Period: All year.
12   Evans River (Entrance)
(1)  Waters: The whole of the waters of Evans River and its tributaries, from a line drawn between the northernmost points of the eastern and western breakwaters at the entrance to Evans River, upstream to Elm Street road bridge.
(2)  Prohibited fishing method: Any method involving the use of the following—
(a)  a lobster trap,
(b)  a crab trap,
(c)  a bait trap.
(3)  Species of fish that must not be taken: Any species of fish.
(4)  Period: All year.
13   Iluka (Woody Bay)
(1)  Waters: The whole of the waters of Woody Bay enclosed by a line drawn from the broad arrow mark engraved in the rock at the northeasterly end of the Woody Head camping ground (29°21.890′S, 153°22.440′E), then in a northerly direction for approximately 300 metres to the broad arrow mark marked FD engraved in the rock near Seagull Hole (29°21.780′S, 153°22.430′E), then in a southwesterly direction to the RMS navigation buoy (29°21.850′S, 153°22.274′E), then in a southwesterly direction to the post marked “NSWF” on the foreshore (29°21.940′S, 153°22.260′E), then along the mean high water mark to the point of commencement.
(2)  Prohibited fishing method: Any method involving the use of a lobster trap.
(3)  Species of fish that must not be taken: Any species of fish.
(4)  Period: All year.
14   Clarence River (Crystal Bay)—Nets
(1)  Waters: The whole of the waters of Crystal Bay, upstream from a line drawn from the centre of the turning circle of Westringa Place to the northernmost point of Witonga Drive.
(2)  Prohibited fishing method: Any method involving the use of a net, other than a landing net.
(3)  Species of fish that must not be taken: Any species of fish.
(4)  Period: All year.
15   Clarence River—Crab traps
(1)  Waters: The whole of the waters of Clarence River and its tributaries, upstream from a line drawn across the river from the boat ramp adjacent to the Maclean Court House (that is, the Old Ashby Ferry crossing).
(2)  Prohibited fishing method: Any method involving the use of a crab trap.
(3)  Species of fish that must not be taken: Any species of fish.
(4)  Period: All year.
16   Clarence River (Sportsman’s Creek)—Nets
(1)  Waters: The whole of the waters of Sportsman’s Creek and its tributaries, from the weir above Lawrence upstream to its source.
(2)  Prohibited fishing method: Any method involving the use of a net, other than a landing net.
(3)  Species of fish that must not be taken: Any species of fish.
(4)  Period: All year.
17   Clarence River (Headwaters)—Nets
(1)  Waters: The whole of the waters of Mann River (Mitchell River), Nymbodia River and the upper reaches of Clarence River and their tributaries upstream from a line drawn across Clarence River at the power line above the rapids approximately 5 km upstream from Copmanhurst.
(2)  Prohibited fishing method: Any method involving the use of a net, other than a landing net.
(3)  Species of fish that must not be taken: Any species of fish.
(4)  Period: All year.
18   Orara River
(1)  Waters: The whole of the tidal waters of Orara River and its tributaries, upstream from its junction with Jacky’s Creek to Bawden Bridge.
(2)  Prohibited fishing method: Any method involving the use of a net, other than a landing net.
(3)  Species of fish that must not be taken: Any species of fish.
(4)  Period: All year.
19   Lake Arragan
(1)  Waters: The whole of the waters of Lake Arragan.
(2)  Prohibited fishing method: Any method involving the use of a net or trap, other than the following—
(a)  a landing net,
(b)  a dip or scoop net (prawns),
(c)  a bait trap.
(3)  Species of fish that must not be taken: Any species of fish.
(4)  Period: All year.
20   Coffs Harbour Entrance
(1)  Waters: The whole of the waters within the following boundaries: commencing at the northern extremity of the eastern breakwater at 30°18.535′S, 153°09.164′E then northerly to 30°18.200′S, 153°09.100′E then easterly to 30°18.200′S, 153°09.500′E, then southerly to 30°18.800′S, 153°09.500′E, then westerly to 30°18.800′S, 153°09.100′E, then northerly to the point of commencement.
(2)  Prohibited fishing method: Any method involving the use of a lobster trap.
(3)  Species of fish that must not be taken: Any species of fish.
(4)  Period: All year.
21   Coffs Harbour (Harbour)
(1)  Waters: The whole of the waters of Coffs Harbour, west of a line drawn from the northern extremity of the eastern breakwater at 30°18.535′S, 153°09.164′E, north to Muttonbird Island, but not including waters enclosed by the following bearings: 30°18.400′S, 153°08.800′E, 30°18.500′S, 153°08.800′E, 30°18.500′S, 153°09.100′E, 30°18.400′S, 153°09.100′E.
(2)  Prohibited fishing method: Any method involving the use of a lobster trap.
(3)  Species of fish that must not be taken: Any species of fish.
(4)  Period: All year.
22   Boambee, Bonville and Pine Creeks
(1)  Waters: The whole of the waters of Boambee, Bonville and Pine Creeks and their tributaries, from the South Pacific Ocean upwards to their source.
(2)  Prohibited fishing method: Any method involving the use of a net, other than the following—
(a)  a dip or scoop net (prawns),
(b)  a landing net.
(3)  Species of fish that must not be taken: Any species of fish.
(4)  Period: All year.
23   Bellinger River
(1)  Waters: The whole of the waters of Bellinger River and its tributaries, downstream from a line drawn east-west across the river and intersecting the northern extremity of the northern breakwater.
(2)  Prohibited fishing method: Any method involving the use of a trap, other than a bait trap.
(3)  Species of fish that must not be taken: Any species of fish.
(4)  Period: All year.
24   Kalang River
(1)  Waters: The whole of the waters of Kalang River and Urunga Lagoon and their tributaries, downstream from a line drawn northeast across the river from the northern extremity of the southern training wall.
(2)  Prohibited fishing method: Any method involving the use of a trap, other than a bait trap.
(3)  Species of fish that must not be taken: Any species of fish.
(4)  Period: All year.
25   Nambucca River and Warrell Creek—Weekend netting
(1)  Waters: The whole of the tidal waters of Nambucca River and Warrell Creek and their tributaries, downstream from Lanes Bridge, Bowraville (Nambucca River arm), Boatharbour Bridge (Taylors arm) and the Pacific Highway road bridge at Cockburns Lane (Warrell Creek arm).
(2)  Prohibited fishing method: Any method involving the use of a net, other than the following—
(a)  a hand-hauled prawn net,
(b)  a dip or scoop net (prawns),
(c)  a landing net.
(3)  Species of fish that must not be taken: Any species of fish.
(4)  Period: 6 pm Friday to 6 pm Sunday in each week, or to 6 pm Monday if Monday is a public holiday and on any weekday (other than a Monday) that is a public holiday, from 6 am to 6 pm.
26   Nambucca River Entrance—Nets
(1)  Waters: The whole of the waters of that part of Nambucca River from its confluence with the South Pacific Ocean (including the waters of Inner Harbour and Siberia Lagoon) upstream to the causeway to Stuart’s Island and a line extending from the southern end of the causeway on Stuart’s Island generally east along the mean high water mark to 30°39.270′S, 152°59.770′E (on the southeastern side of Stuart’s Island), then across the Nambucca River to 30°39.410′S, 153°00.170′E (on the northernmost point of the western bank of Warrell Creek), then across Warrell Creek to 30°39.410′S, 153°00.360′E (on the eastern bank of Warrell Creek).
(2)  Prohibited fishing method: Any method involving the use of a net, other than the following—
(a)  a dip or scoop net (prawns),
(b)  a hoop or lift net,
(c)  a landing net.
(3)  Species of fish that must not be taken: Any species of fish.
(4)  Period: All year.
27   Warrell Creek—Nets and traps
(1)  Waters: The whole of the tidal waters of Warrell Creek and its tributaries, from the Scotts Head boat ramp adjacent to Warrell Creek Reserve upstream to the Pacific Highway road bridge at Cockburns Lane.
(2)  Prohibited fishing method: Any method involving the use of a net or trap, other than the following—
(a)  a landing net,
(b)  a bait trap.
(3)  Species of fish that must not be taken: Any species of fish.
(4)  Period: All year.
28   Deep Creek
(1)  Waters: The whole of the tidal waters of Deep Creek and its tributaries, from the South Pacific Ocean upstream to Sullivans road bridge at Valla.
(2)  Prohibited fishing method: Any method involving the use of a net, other than a landing net.
(3)  Species of fish that must not be taken: Any species of fish.
(4)  Period: All year.
29   Yarrahapinni Wetlands National Park
(1)  Waters: The whole of the waters of Yarrahapinni Wetlands National Park and its tributaries, upstream from its confluence with Macleay River at the existing flood mitigation gates and associated levy banks located in Anderson’s Inlet.
(2)  Prohibited fishing method: Any method.
(3)  Species of fish that must not be taken: Any species of fish.
(4)  Period: All year.
30   Macleay River
(1)  Waters: The whole of the tidal waters of Macleay River and its tributaries, from the Kempsey railway bridge upstream to Belgrave Falls, Kempsey.
(2)  Prohibited fishing method: Any method involving the use of a net, other than a landing net.
(3)  Species of fish that must not be taken: Any species of fish.
(4)  Period: All year.
31   South West Rocks Creek
(1)  Waters: The whole of the waters of South West Rocks Creek, from its confluence with the South Pacific Ocean upstream to its source.
(2)  Prohibited fishing method: Any method involving the use of a net, other than the following—
(a)  a dip or scoop net (prawns),
(b)  a landing net.
(3)  Species of fish that must not be taken: Any species of fish.
(4)  Period: All year.
32   Belmore River
(1)  Waters: The whole of the waters of that part of Belmore River and its tributaries, from its source downstream to Gladstone road bridge.
(2)  Prohibited fishing method: Any method involving the use of a net or a trap, other than the following—
(a)  a dip or scoop net (prawns),
(b)  a landing net,
(c)  a bait trap.
(3)  Species of fish that must not be taken: Any species of fish.
(4)  Period: All year.
33   Korogoro Creek (Hat Head)
(1)  Waters: The whole of the waters of Korogoro Creek and its tributaries, from its source to its confluence with the South Pacific Ocean.
(2)  Prohibited fishing method: Any method involving the use of a net, other than the following—
(a)  a dip or scoop net (prawns),
(b)  a landing net.
(3)  Species of fish that must not be taken: Any species of fish.
(4)  Period: All year.
34   Killick Creek
(1)  Waters: The whole of the waters of Killick Creek and its tributaries, upstream from its confluence with the South Pacific Ocean.
(2)  Prohibited fishing method: Any method involving the use of a net, other than the following—
(a)  a dip or scoop net (prawns),
(b)  a hand-hauled prawn net,
(c)  a push or scissors net (prawns),
(d)  a landing net.
(3)  Species of fish that must not be taken: Any species of fish.
(4)  Period: All year.
35   Camden Haven
(1)  Waters: The whole of the waters of Camden Haven Inlet upstream from its confluence with the South Pacific Ocean to a line drawn from the western rock wall of the public baths adjacent to Pioneer Street to the western point of the entrance to Gogleys Creek and including the waters of the creek to a line drawn directly south of the southernmost point of Gogleys Island.
(2)  Prohibited fishing method: Any method involving the use of a net, other than a landing net.
(3)  Species of fish that must not be taken: Any species of fish.
(4)  Period: All year.
36   Crowdy Head Boat Harbour—Lobster
(1)  Waters: The whole of the waters of Crowdy Head boat harbour and the adjoining South Pacific Ocean up to a line drawn from the northernmost extremity of the southern breakwater to the westernmost extremity of the northern breakwater, that part of the South Pacific Ocean extending 100 metres in a westerly direction from the abovementioned line, and that part of the South Pacific Ocean extending 100 metres on the seaward side of the breakwaters of Crowdy Head boat harbour from the beginning of the breakwaters to their extremities.
(2)  Prohibited fishing method: Any method.
(3)  Species of fish that must not be taken: Any species of Rock Lobster and Slipper Lobster (Scyllarides spp.)
(4)  Period: All year.
37   Crowdy Head Boat Harbour—Nets and traps
(1)  Waters: The whole of the waters of Crowdy Head boat harbour and the adjoining South Pacific Ocean up to a line drawn from the northernmost extremity of the southern breakwater to the westernmost extremity of the northern breakwater, that part of the South Pacific Ocean extending 100 metres in a westerly direction from the abovementioned line, and that part of the South Pacific Ocean extending 100 metres on the seaward side of the breakwaters of Crowdy Head boat harbour from the beginning of the breakwaters to their extremities.
(2)  Prohibited fishing method: Any method involving the use of the following—
(a)  a trap,
(b)  a hoop or lift net.
(3)  Species of fish that must not be taken: Any species of fish.
(4)  Period: All year.
38   Manning River
(1)  Waters: The whole of the tidal waters of Manning River and its tributaries, from a line drawn across the river at the junction of Cedar Party Creek, including that creek upstream to Abbotts Falls near Wingham.
(2)  Prohibited fishing method: Any method involving the use of a net, other than a landing net.
(3)  Species of fish that must not be taken: Any species of fish.
(4)  Period: All year.
39   Wallis Lake
(1)  Waters: The whole of the tidal waters within the following boundaries: commencing at the entrance to Wallis Lake at the eastern extremity of the northern breakwater; and bounded by that breakwater and a part of the foreshores of the Village of Tuncurry generally southerly to the southerly prolongation of the western side of Wharf Street; then by a line drawn southwesterly to the northern foreshore at a point 32°10.97′S, 152°29.88′E; then by a line drawn generally southerly to the northern foreshore at a point 32°11.27′S, 152°29.89′E; then by a line drawn generally southeasterly to the southwestern foreshore of Godwin Island at a point 32°11.56′S, 152°29.99′E; then by the northern foreshore of that island northeasterly to the northernmost point; then by a line drawn generally northeasterly to the western prolongation of the southern boundary of section 27, Village of Forster; then by that foreshore generally northerly to the southern breakwater; by that breakwater to its eastern extremity and by a line across the entrance to the point of commencement.
(2)  Prohibited fishing method: Any method involving the use of the following—
(a)  a hoop or lift net,
(b)  a hand-hauled prawn net,
(c)  a push or scissors net (prawns),
(d)  a crab trap,
(e)  a lobster trap.
(3)  Species of fish that must not be taken: Any species of fish.
(4)  Period: All year.
40   Wallis Lake (Forster Keys Canal Estate)—Nets
(1)  Waters: The whole of the canal waters of Forster Keys Canal Estate, adjacent to (but not including) Pipers Creek, contained within a line drawn from the southwest corner of Lot No 7026 Kenrose Street to the northwest corner of Lot No 7142 Wyuna Place, a line drawn from the southwest corner of Lot No 1 Wyuna Place to the northwest corner of Lot No 87 Elouera Crescent and a line from the southeast corner of Lot No 160 Elizabeth Parade to the southwest corner of Lot No 116 Sirius Key.
(2)  Prohibited fishing method: Any method involving the use of a net, other than the following—
(a)  a dip or scoop net (prawns),
(b)  a hoop or lift net,
(c)  a landing net.
(3)  Species of fish that must not be taken: Any species of fish.
(4)  Period: All year.
41   Wallamba River
(1)  Waters: The whole of the waters of Wallamba River and its tributaries, upstream to its source from the Pacific Highway bridge at Nabiac.
(2)  Prohibited fishing method: Any method involving the use of a net, other than a landing net.
(3)  Species of fish that must not be taken: Any species of fish.
(4)  Period: All year.
42   Hunter River (South Channel)—Shellfish
(1)  Waters: The whole of the waters of South Channel, Hunter River, downstream from the northernmost extremity of Hexham Island to a line across the river from the southernmost extremity of Walsh Point to the eastern side of Selwyn Street.
(2)  Prohibited fishing method: Any method.
(3)  Species of fish that must not be taken: Any species of shellfish.
(4)  Period: All year.
43   Hunter River—Nets and traps
(1)  Waters: The whole of the waters of Hunter River and its tributaries, from Fitzgerald Bridge at Raymond Terrace upstream to the junction of the Hunter and Paterson Rivers.
(2)  Prohibited fishing method: Any method involving the use of a net or trap, other than the following—
(a)  a dip or scoop net (prawns),
(b)  a landing net,
(c)  a bait trap.
(3)  Species of fish that must not be taken: Any species of fish.
(4)  Period: All year.
44   Hunter River—Prawn nets
(1)  Waters: The whole of the waters of Hunter River and its tributaries, from a line drawn southwesterly from the boat ramp adjacent to Punt Road, Stockton to the eastern extremity of the State Dockyard (Dyke Point) upstream to its junction with Williams River.
(2)  Prohibited fishing method: Any method involving the use of the following—
(a)  a hand-hauled prawn net,
(b)  a push or scissors net (prawns).
(3)  Species of fish that must not be taken: Any species of fish.
(4)  Period: June to October (inclusive) in each year.
45   Hunter River (Upper Reaches) and Paterson River—Nets and traps
(1)  Waters: The whole of the tidal waters of Hunter and Paterson Rivers and their tributaries, upstream from a line drawn across Hunter River at the junction of those rivers to the railway bridge crossing at Oakhampton on Hunter River and to Gostwyck Bridge near Martins Creek on Paterson River.
(2)  Prohibited fishing method: Any method involving the use of a net or trap, other than the following—
(a)  a dip or scoop net (prawns),
(b)  a landing net,
(c)  a bait trap.
(3)  Species of fish that must not be taken: Any species of fish.
(4)  Period: All year.
46   Hunter River (Lower Reaches)—Nets
(1)  Waters: The whole of the waters of Hunter River from its confluence with the South Pacific Ocean, upstream to a line drawn southwesterly from the boat ramp adjacent to Punt Road, Stockton, to the eastern extremity of the State Dockyard (Dyke Point), including Throsby and Carrington Basins.
(2)  Prohibited fishing method: Any method involving the use of a net, other than the following—
(a)  a dip or scoop net (prawns),
(b)  a landing net.
(3)  Species of fish that must not be taken: Any species of fish.
(4)  Period: All year.
47   Williams River (Lower Reaches)—Nets and traps
(1)  Waters: The whole of the tidal waters of the lower Williams River and its tributaries, upstream to the Seaham Weir at Seaham.
(2)  Prohibited fishing method: Any method involving the use of a net or trap, other than the following—
(a)  a dip or scoop net (prawns),
(b)  a landing net,
(c)  a bait trap.
(3)  Species of fish that must not be taken: Any species of fish.
(4)  Period: All year.
48   Williams River (Upper Reaches)—Nets and traps
(1)  Waters: The whole of the waters of Williams River and its tributaries, from James Scott Bridge at Seaham upstream to its source.
(2)  Prohibited fishing method: Any method, other than the following—
(a)  a hand held line,
(b)  a dip or scoop net (prawns),
(c)  a landing net.
(3)  Species of fish that must not be taken: Any species of fish.
(4)  Period: All year.
49   Throsby Creek—Shellfish
(1)  Waters: The whole of the waters of Throsby Creek and its tributaries, upstream from Cowper Street road bridge.
(2)  Prohibited fishing method: Any method.
(3)  Species of fish that must not be taken: Any species of shellfish or crustacea (phylum Crustacea).
(4)  Period: All year.
50   Throsby Creek—Nets and traps
(1)  Waters: The whole of the waters of Throsby Creek and its tributaries, upstream from Cowper Street road bridge.
(2)  Prohibited fishing method: Any method, other than the following—
(a)  a hand held line,
(b)  a landing net,
(c)  a bait trap.
(3)  Species of fish that must not be taken: Any species of fish.
(4)  Period: All year.
51   Lake Macquarie—Traps and digging
(1)  Waters: The whole of the waters of Lake Macquarie and its tributaries, from its confluence with the South Pacific Ocean.
(2)  Prohibited fishing method: Any method involving the use of the following—
(a)  a trap, other than a bait trap,
(b)  a spade or fork.
(3)  Species of fish that must not be taken: Any species of fish.
(4)  Period: All year.
52   Lake Macquarie—Prawn nets
(1)  Waters: The whole of the waters of Lake Macquarie, from its confluence with the South Pacific Ocean upwards to a line drawn from the westernmost extremity of Marks Point generally south to the northernmost extremity of Coon Island Nature Reserve.
(2)  Prohibited fishing method: Any method involving the use of the following—
(a)  a hand-hauled prawn net,
(b)  a push or scissors net (prawns).
(3)  Species of fish that must not be taken: Any species of fish.
(4)  Period: All year.
53   Lake Macquarie (Upper Reaches)
(1)  Waters: The whole of the waters of Mannering Bay and its tributaries (including Wyee Creek), upstream from the causeway across the entrance to Mannering Bay.
(2)  Prohibited fishing method: Any method involving the use of a hoop or lift net.
(3)  Species of fish that must not be taken: Any species of fish.
(4)  Period: All year.
54   Lake Macquarie (Lake Petite)
(1)  Waters: The whole of the waters of Lake Petite, upstream from its confluence with Bardens Bay.
(2)  Prohibited fishing method: Any method involving the use of a hoop or lift net.
(3)  Species of fish that must not be taken: Any species of fish.
(4)  Period: All year.
55   Lake Macquarie (Whiteheads Lagoon)
(1)  Waters: The whole of the waters of Whiteheads Lagoon, upstream from the road bridge near its confluence with Lake Macquarie.
(2)  Prohibited fishing method: Any method involving the use of a hoop or lift net.
(3)  Species of fish that must not be taken: Any species of fish.
(4)  Period: All year.
56   Lake Macquarie (Muddy Lake and Lake Eraring)
(1)  Waters: The whole of the waters of Muddy Lake and Lake Eraring, upstream from a line drawn from the southern extremity of Pipers Point to the northeasternmost point of the north bank of Dora Creek.
(2)  Prohibited fishing method: Any method involving the use of a hoop or lift net.
(3)  Species of fish that must not be taken: Any species of fish.
(4)  Period: All year.
57   Lake Macquarie (Duck Hole Lagoon)
(1)  Waters: The whole of the waters of Duck Hole Lagoon.
(2)  Prohibited fishing method: Any method involving the use of a hoop or lift net.
(3)  Species of fish that must not be taken: Any species of fish.
(4)  Period: All year.
58   Lake Macquarie (Eraring Power Station)
(1)  Waters: The whole of the waters of Eraring power station outlet canal and the waters within 100 metres of the canal extremity.
(2)  Prohibited fishing method: Any method.
(3)  Species of fish that must not be taken: Any species of fish.
(4)  Period: 6 pm on each day to 6 am on the following day in May to August (inclusive) in each year.
59   Lake Macquarie (Vales Point Power Station)
(1)  Waters: The whole of the waters of Vales Point power station outlet canal and the waters within 100 metres of the canal extremity.
(2)  Prohibited fishing method: Any method.
(3)  Species of fish that must not be taken: Any species of fish.
(4)  Period: 6 pm on each day to 6 am on the following day in May to August (inclusive) in each year.
60   Tuggerah Lakes
(1)  Waters: The whole of the waters of that part of the entrance to Tuggerah Lake from the confluence of Tuggerah Lake and the South Pacific Ocean bounded by a line commencing on the high water mark at a point 201 metres southwesterly from the northwestern corner of portion 39 in the parish of Wallarah, then northwesterly to 33°19.410′S, 151°30.293′E (NSW Maritime Navigation Aid Number 096), then northwesterly to 33°19.344′S, 151°30.112′E (NSW Maritime Navigation Aid Number 095), then northerly to 33°19.143′S, 151°29.959′E (NSW Maritime Navigation Aid Number 094), then northerly to 33°18.934′S, 151°29.875′E (NSW Maritime Navigation Aid Number 093), then southwesterly to 33°19.225′S, 151°29.589′E (NSW Maritime Navigation Aid Number 092), then southwesterly to 33°19.636′S, 151°29.134′E (NSW Maritime Navigation Aid Number 091), then southwesterly to 33°20.055′S, 151°28.708′E (NSW Maritime Navigation Aid Number 090), then easterly to 33°20.138′S, 151°29.122′E (NSW Maritime Navigation Aid Number 089), then southeasterly to 33°20.220′S, 151°29.235′E (NSW Maritime Navigation Aid Number 088), then southeasterly to 33°20.364′S, 151°29.300′E (NSW Maritime Navigation Aid Number 087), then southeasterly to a point on the high water mark of the eastern shore of that lake 805 metres southerly from the northern extremity of Picnic Point.
(2)  Prohibited fishing method: Any method involving the use of the following—
(a)  a hoop or lift net,
(b)  a hand-hauled prawn net,
(c)  a push or scissors net (prawns),
(d)  a crab trap,
(e)  a lobster trap.
(3)  Species of fish that must not be taken: Any species of fish.
(4)  Period: All year.
61   Lake Munmorah
(1)  Waters: The whole of the waters of Budgewoi Creek and its tributaries, upstream from the traffic road bridge to the pedestrian bridge at the entrance to Lake Munmorah.
(2)  Prohibited fishing method: Any method involving the use of a net, other than the following—
(a)  a dip or scoop net (prawns),
(b)  a landing net.
(3)  Species of fish that must not be taken: Any species of fish.
(4)  Period: All year.
62   Budgewoi Lake
(1)  Waters: The whole of the waters of that part of Munmorah Power House outlet canal, Budgewoi Lake, northeast of a line bearing 140° across the canal from the southwesternmost extremity of the breakwater on the southwestern side of the canal to Ourringo Point.
(2)  Prohibited fishing method: Any method.
(3)  Species of fish that must not be taken: Any species of fish.
(4)  Period: 6 pm on each day to 6 am on the following day in May to August (inclusive) in each year.
63   Wamberal Lagoon
(1)  Waters: The whole of the waters of Wamberal Lagoon and its tributaries.
(2)  Prohibited fishing method: Any method involving the use of the following—
(a)  a hoop or lift net,
(b)  a hand-hauled prawn net,
(c)  a push or scissors net (prawns),
(d)  a crab trap,
(e)  a lobster trap.
(3)  Species of fish that must not be taken: Any species of fish.
(4)  Period: All year.
64   Terrigal Lagoon
(1)  Waters: The whole of the waters of Terrigal Lagoon and its tributaries.
(2)  Prohibited fishing method: Any method involving the use of the following—
(a)  a hoop or lift net,
(b)  a hand-hauled prawn net,
(c)  a push or scissors net (prawns),
(d)  a crab trap,
(e)  a lobster trap.
(3)  Species of fish that must not be taken: Any species of fish.
(4)  Period: All year.
65   Ex-HMAS Adelaide Reserve
(1)  Waters: The whole of the waters enclosed by the following coordinates—
(a)  33°27.887′ S and 151°27.301′ E,
(b)  33°27.767′ S and 151°27.374′ E,
(c)  33°27.852′ S and 151°27.574′ E,
(d)  33°27.973′ S and 151°27.502′ E.
(2)  Prohibited fishing method: Any method.
(3)  Species of fish that must not be taken: Any species of fish.
(4)  Period: All year.
66   Avoca Lake
(1)  Waters: The whole of the waters of Avoca Lake and its tributaries (including Bulbararing Lagoon).
(2)  Prohibited fishing method: Any method involving the use of the following—
(a)  a hoop or lift net,
(b)  a hand-hauled prawn net,
(c)  a push or scissors net (prawns),
(d)  a crab trap,
(e)  a lobster trap.
(3)  Species of fish that must not be taken: Any species of fish.
(4)  Period: All year.
67   Cockrone Lake
(1)  Waters: The whole of the waters of Cockrone Lake and its tributaries.
(2)  Prohibited fishing method: Any method involving the use of the following—
(a)  a hoop or lift net,
(b)  a hand-hauled prawn net,
(c)  a push or scissors net (prawns),
(d)  a crab trap,
(e)  a lobster trap.
(3)  Species of fish that must not be taken: Any species of fish.
(4)  Period: All year.
68   Brisbane Water (Saratoga Area)—Shellfish
(1)  Waters: The whole of the waters of Brisbane Water from the mean high water mark at the Public Wharf, View Parade, Saratoga, then along the Saratoga foreshore to Veteran Hall Wharf, Saratoga, and extending 200 metres offshore.
(2)  Prohibited fishing method: Any method.
(3)  Species of fish that must not be taken: Any species of shellfish.
(4)  Period: All year.
69   Brisbane Water (Ettalong)—Digging
(1)  Waters: The whole of the waters and intertidal zone of Brisbane Water from the mean high water mark to the middle of the estuary and extending from the boat ramp at the southern end of Ettalong Beach (at the end of Kourung Street) to the Maitland Bay Drive road bridge at The Rip.
(2)  Prohibited fishing method: Any method involving the use of a spade or fork.
(3)  Species of fish that must not be taken: Any species of fish.
(4)  Period: All year.
70   Brisbane Water (Cockle Creek)—Digging
(1)  Waters: The whole of the waters and intertidal zone of Brisbane Water, upstream to its source, from a line drawn from a point 33°29.405′S, 151°21.355′E generally northwesterly to the nearest point on the opposite shore at Davistown (includes waters of Cockle Creek, Cockle Channel, Empire Bay, Cockle Broadwater, Cockle Bay and Kincumber Creek).
(2)  Prohibited fishing method: Any method involving the use of a spade or fork.
(3)  Species of fish that must not be taken: Any species of fish.
(4)  Period: All year.
71   Hawkesbury River (Brisbane Water/Broken Bay)
(1)  Waters: The whole of the waters of that part of Brisbane Water/Broken Bay and its tributaries, north of a line drawn westerly from the western extremity of Little Box Head to the eastern extremity of Green Point.
(2)  Prohibited fishing method: Any method involving the use of a net or trap, other than the following—
(a)  a landing net,
(b)  a dip or scoop net (prawns),
(c)  a bait trap,
(d)  a lobster trap.
(3)  Species of fish that must not be taken: Any species of fish.
(4)  Period: All year.
72   Hawkesbury River (Brisbane Water/Broken Bay Entrance)
(1)  Waters: The whole of the waters of that part of Brisbane Water/Broken Bay north of a line drawn westerly from the western extremity of Little Box Head and the northernmost point of Mount Ettalong.
(2)  Prohibited fishing method: Any method involving the use of a lobster trap.
(3)  Species of fish that must not be taken: Any species of fish.
(4)  Period: All year.
73   Hawkesbury River (Patonga Creek)—Weekend netting
(1)  Waters: The whole of the waters of Patonga Creek and its tributaries, upstream from its confluence with Hawkesbury River, being a line drawn northeasterly from the western foreshore at a point 151°15.91′E, 33°33.13′S to the southernmost extremity of the reserve on the opposite foreshore.
(2)  Prohibited fishing method: Any method involving the use of a net, other than a landing net.
(3)  Species of fish that must not be taken: Any species of fish.
(4)  Period: 12 pm Friday to 6 pm Sunday in each week.
74   Hawkesbury River (Patonga Creek)—Hand-hauled prawn nets
(1)  Waters: The whole of the waters of Patonga Creek and its tributaries, upstream from its confluence with the Hawkesbury River, being a line drawn northeasterly from the western foreshore at a point 151°15.91′E, 33°33.13′S to the southernmost extremity of the reserve on the opposite foreshore.
(2)  Prohibited fishing method: Any method involving the use of a hand-hauled prawn net.
(3)  Species of fish that must not be taken: Any species of fish.
(4)  Period: All year.
75   Hawkesbury River (Mooney Mooney Creek)—Weekend netting
(1)  Waters: The whole of the waters of Mooney Mooney Creek and its tributaries, upstream to its source from the Pacific Highway bridge.
(2)  Prohibited fishing method: Any method involving the use of a net, other than a landing net.
(3)  Species of fish that must not be taken: Any species of fish.
(4)  Period: 6 pm Friday to 6 pm Sunday in each week, or 6 pm Friday to 6 pm the following Monday if Monday is a public holiday.
76   Hawkesbury River (Cowan Creek and Jerusalem Bay)—Nets
(1)  Waters: The whole of the waters of Cowan Creek and its tributaries (including Jerusalem Bay), upstream to its source from a line drawn generally north from Cowan Point, to the eastern extremity of the headland on the opposite side of the creek.
(2)  Prohibited fishing method: Any method involving the use of a net, other than a landing net.
(3)  Species of fish that must not be taken: Any species of fish.
(4)  Period: All year.
77   Hawkesbury River (Upper Reaches)—Nets
(1)  Waters: The whole of the tidal waters of Hawkesbury River and its tributaries, from the road bridge at Windsor upstream to the Yarramundi Bridge crossing near Agnes Banks.
(2)  Prohibited fishing method: Any method involving the use of a net, other than a landing net.
(3)  Species of fish that must not be taken: Any species of fish.
(4)  Period: All year.
78   (Repealed)
79   Bungan Head
(1)  Waters: The whole of the foreshore from the southern extremity of Newport Beach, generally southeasterly to the northern extremity of Bungan Beach (including that part of the foreshore between the mean high water mark and a line drawn 10 metres seaward of the mean low water mark).
(2)  Prohibited fishing method: Any method.
(3)  Species of fish that must not be taken: All species of Cunjevoi (Pyura spp.) and invertebrates, except Abalone, Eastern Rock Lobster (Sagmariasus verreauxi) and Southern Rock Lobster (Jasus edwardsii).
(4)  Period: All year.
80   Mona Vale Headland
(1)  Waters: The whole of the foreshore from the northernmost extremity of the rock platform bordering Bungan Beach, generally south to the southernmost extremity of the rock platform bordering Basin Beach (including that part of the foreshore between the mean high water mark and a line drawn 10 metres seaward of the mean low water mark).
(2)  Prohibited fishing method: Any method.
(3)  Species of fish that must not be taken: All species of Cunjevoi (Pyura spp.) and invertebrates, except Abalone, Eastern Rock Lobster (Sagmariasus verreauxi) and Southern Rock Lobster (Jasus edwardsii).
(4)  Period: All year.
81   Narrabeen Lake
(1)  Waters: The whole of the waters of Narrabeen Lake and its tributaries (including Deep Creek, Middle Creek, South Creek and Mullet Creek and their tributaries).
(2)  Prohibited fishing method: Any method involving the use of the following—
(a)  a hoop or lift net,
(b)  a hand-hauled prawn net,
(c)  a push or scissors net (prawns),
(d)  a crab trap,
(e)  a lobster trap.
(3)  Species of fish that must not be taken: Any species of fish.
(4)  Period: All year.
82   Dee Why Lagoon
(1)  Waters: The whole of the waters of Dee Why Lagoon and its tributaries.
(2)  Prohibited fishing method: Any method involving the use of the following—
(a)  a hoop or lift net,
(b)  a hand-hauled prawn net,
(c)  a push or scissors net (prawns),
(d)  a crab trap,
(e)  a lobster trap.
(3)  Species of fish that must not be taken: Any species of fish.
(4)  Period: All year.
83   Dee Why Headland
(1)  Waters: The whole of the foreshore from the southern boundary of the recreational reserve bordering Handoub Parade, generally southerly to the northern extremity of Curl Curl Beach (including that part of the foreshore between the mean high water mark and a line drawn 10 metres seaward of the mean low water mark).
(2)  Prohibited fishing method: Any method.
(3)  Species of fish that must not be taken: All species of Cunjevoi (Pyura spp.) and invertebrates, except Abalone, Eastern Rock Lobster (Sagmariasus verreauxi) and Southern Rock Lobster (Jasus edwardsii).
(4)  Period: All year.
84   Curl Curl Lagoon
(1)  Waters: The whole of the waters of Curl Curl Lagoon and its tributaries.
(2)  Prohibited fishing method: Any method involving the use of the following—
(a)  a hoop or lift net,
(b)  a hand-hauled prawn net,
(c)  a push or scissors net (prawns),
(d)  a crab trap,
(e)  a lobster trap.
(3)  Species of fish that must not be taken: Any species of fish.
(4)  Period: All year.
85   Manly Lagoon
(1)  Waters: The whole of the waters of Manly Lagoon and its tributaries.
(2)  Prohibited fishing method: Any method involving the use of the following—
(a)  a hoop or lift net,
(b)  a hand-hauled prawn net,
(c)  a push or scissors net (prawns),
(d)  a crab trap,
(e)  a lobster trap.
(3)  Species of fish that must not be taken: Any species of fish.
(4)  Period: All year.
86   Shelly Beach Headland
(1)  Waters: The whole of the foreshore between the northern end of Shelly Beach Reserve Car Park (at 33°48.016′S, 151°17.933′E) to the northern boundary of Sydney Harbour National Park, as indicated by a sandstone rock wall on the cliff top which is visible from the rock platform (including that part of the foreshore between the mean high water mark and a line drawn 10 metres seaward of the mean low water mark).
(2)  Prohibited fishing method: Any method.
(3)  Species of fish that must not be taken: All species of Cunjevoi (Pyura spp.) and invertebrates, except Abalone, Eastern Rock Lobster (Sagmariasus verreauxi) and Southern Rock Lobster (Jasus edwardsii).
(4)  Period: All year.
87   Sydney Harbour (intertidal protected areas)
(1)  Waters: The whole of the foreshores of Sydney Harbour and its tributaries, west (upstream) of a line from the southern extremity of North Head to the northern extremity of South Head, but excluding those waters of North Harbour which are north of a line from Manly Point to the south end of Forty Baskets Beach (including that part of the foreshore between the mean high water mark and a line drawn 10 metres seaward of the mean low water mark).
(2)  Prohibited fishing method: Any method.
(3)  Species of fish that must not be taken: All species of Cunjevoi (Pyura spp.) and invertebrates, except Abalone, Eastern Rock Lobster (Sagmariasus verreauxi) and Southern Rock Lobster (Jasus edwardsii).
(4)  Period: All year.
88   Port Jackson—Shellfish
(1)  Waters: The whole of the tidal waters of Port Jackson and its tributaries, upstream from a line drawn from the northern extremity of South Head to the southern extremity of North Head.
(2)  Prohibited fishing method: Any method.
(3)  Species of fish that must not be taken: Any species of shellfish.
(4)  Period: All year.
89   Port Jackson (North Harbour)—Nets and traps
(1)  Waters: The whole of the waters of North Harbour, north of a line drawn on a bearing of 115° from the eastern extremity of Forty Baskets Beach, to the southern extremity of Manly Point, northern boundary of North Harbour Aquatic Reserve.
(2)  Prohibited fishing method: Any method involving the use of a net or trap, other than the following—
(a)  a landing net,
(b)  a lobster trap,
(c)  a bait trap.
(3)  Species of fish that must not be taken: Any species of fish.
(4)  Period: All year.
90   Port Jackson (Hunters Bay)—Nets
(1)  Waters: The whole of the waters of Hunters Bay, Middle Harbour, enclosed by a line drawn generally southeasterly from Wyargine Point to the western end of Cobblers Beach.
(2)  Prohibited fishing method: Any method involving the use of a net, other than a landing net.
(3)  Species of fish that must not be taken: Any species of fish.
(4)  Period: January to March (inclusive) and October to December (inclusive) in each year.
91   Port Jackson (Middle Harbour)—Nets
(1)  Waters: The whole of waters of Middle Harbour and its tributaries, upstream from the Roseville Bridge (Warringah Road).
(2)  Prohibited fishing method: Any method involving the use of a net, other than a landing net.
(3)  Species of fish that must not be taken: Any species of fish.
(4)  Period: All year.
92   Port Jackson (Darling Harbour and Bays)—Nets
(1)  Waters: The whole of the waters of Darling Harbour, Johnston’s Bay, White Bay, Rozelle Bay, and Blackwattle Bay, south of a line drawn from the NSW Maritime tower, to Darling Street ferry wharf.
(2)  Prohibited fishing method: Any method involving the use of a net, other than a landing net.
(3)  Species of fish that must not be taken: Any species of fish.
(4)  Period: All year.
93   Lane Cove River—Nets
(1)  Waters: The whole of the waters of that part of Lane Cove River and its tributaries, from the Epping Highway bridge, upstream to a line drawn between two posts on opposite sides of the river at Little Blue Gum Creek.
(2)  Prohibited fishing method: Any method involving the use of a net, other than a landing net.
(3)  Species of fish that must not be taken: Any species of fish.
(4)  Period: All year.
94   Lane Cove River (Little Blue Gum Creek to Lane Cove Weir)
(1)  Waters: The whole of the waters of Lane Cove River and its tributaries, from a line drawn between two posts on opposite banks of the river at the junction of Little Blue Gum Creek, approximately 50 metres downstream from the weir, upstream to the Lane Cove Weir.
(2)  Prohibited fishing method: Any method.
(3)  Species of fish that must not be taken: Any species of fish.
(4)  Period: All year.
95, 96   (Repealed)
97   Parramatta River (Silverwater to Parramatta Weir)—Nets
(1)  Waters: The whole of the tidal waters of Parramatta River and its tributaries, from the Silverwater Road bridge upstream to Parramatta Weir (excluding the waters of Duck River).
(2)  Prohibited fishing method: Any method involving the use of a net, other than the following—
(a)  a dip or scoop net (prawns),
(b)  a landing net.
(3)  Species of fish that must not be taken: Any species of fish.
(4)  Period: All year.
98   Parramatta River (Homebush Bay)
(1)  Waters: The whole of the waters of Homebush Bay and its tributaries, upstream (south) to its source from a line drawn between Rhodes Point and Wentworth Point.
(2)  Prohibited fishing method: Any method.
(3)  Species of fish that must not be taken: Any species of fish.
(4)  Period: All year.
99   Parramatta River (Duck River)
(1)  Waters: The whole of the waters of Duck River and its tributaries, upstream to its source from its junction with Parramatta River.
(2)  Prohibited fishing method: Any method.
(3)  Species of fish that must not be taken: Any species of fish.
(4)  Period: All year.
100   Bondi (Mackenzies Point)
(1)  Waters: The whole of the foreshore from the northern extremity of the rock baths on the rock platform of Bondi Bay, generally southerly and southwesterly to the northern extremity of Tamarama Beach (including that part of the foreshore between the mean high water mark and a line drawn 10 metres seaward of the mean low water mark).
(2)  Prohibited fishing method: Any method.
(3)  Species of fish that must not be taken: All species of Cunjevoi (Pyura spp.) and invertebrates, except Abalone, Eastern Rock Lobster (Sagmariasus verreauxi) and Southern Rock Lobster (Jasus edwardsii).
(4)  Period: All year.
101   Clovelly Bay and Gordons Bay
(1)  Waters: The whole of the waters of Clovelly Bay and Gordons Bay including waters encompassed by a line commencing at the southeastern extremity of Shark Point, extending southeasterly for 100 metres to a point 33°54.950′S, 151°16.300′E, then generally southwesterly to a point 33°55.100′S, 151°15.800′E, then 100 metres northwesterly to the easternmost point of the southern headland of Gordons (or Thompsons) Bay then by the mean high water mark to the point of commencement.
(2)  Prohibited fishing method: Any method.
(3)  Species of fish that must not be taken: All species of Eastern Blue Groper, Blue Groper, Brown Groper and Reg Groper (Achoerodus viridis).
(4)  Period: All year.
102   Long Bay
(1)  Waters: The whole of the foreshore from the easternmost point of Boora Point generally southwesterly to the easternmost point of Tupia Head (including that part of the foreshore between the mean high water mark and a line drawn 10 metres seaward of the mean low water mark).
(2)  Prohibited fishing method: Any method.
(3)  Species of fish that must not be taken: All species of Cunjevoi (Pyura spp.) and invertebrates, except Abalone, Eastern Rock Lobster (Sagmariasus verreauxi) and Southern Rock Lobster (Jasus edwardsii).
(4)  Period: All year.
103   Botany Bay (Inscription Point)
(1)  Waters: The whole of the foreshore from Captain Cook Obelisk at Kurnell generally northeasterly then southeasterly to the defined climbing track at Inscription Point (including that part of the foreshore between the mean high water mark and a line drawn 10 metres seaward of the mean low water mark).
(2)  Prohibited fishing method: Any method.
(3)  Species of fish that must not be taken: All species of Cunjevoi (Pyura spp.) and invertebrates, except Abalone, Eastern Rock Lobster (Sagmariasus verreauxi) and Southern Rock Lobster (Jasus edwardsii).
(4)  Period: All year.
104   Botany Bay (Towra Point to Kurnell)—Digging
(1)  Waters: The whole of the waters of that part of Botany Bay including Woolooware and Quibray Bays, enclosed within the following boundaries: all waters south of a line drawn northeasterly from the northern extremity of Taren Point, to a point 200 metres offshore (northerly) from the northernmost extremity of Towra Point and then easterly to the Captain Cook Obelisk at Kurnell.
(2)  Prohibited fishing method: Any method involving the use of a spade or fork.
(3)  Species of fish that must not be taken: Any species of fish.
(4)  Period: All year.
105   Botany Bay (Sydney Airport)
(1)  Waters: The whole of the waters of Botany Bay enclosed by a line drawn from a point marked FD on the eastern side of the western or main runway to Sydney Airport to a point marked FD on the western side of the third or parallel runway to Sydney Airport.
(2)  Prohibited fishing method: Any method.
(3)  Species of fish that must not be taken: Any species of fish.
(4)  Period: All year.
106   Cooks River
(1)  Waters: The whole of the tidal waters of Cooks River and its tributaries, from its junction with Botany Bay upstream to Punchbowl road bridge, Belfield.
(2)  Prohibited fishing method: Any method involving the use of a net or trap, other than a landing net.
(3)  Species of fish that must not be taken: Any species of fish.
(4)  Period: All year.
107   Botany Bay (Alexandra Canal)
(1)  Waters: The whole of the waters of Alexandra Canal, from its source to its junction with the Cooks River.
(2)  Prohibited fishing method: Any method.
(3)  Species of fish that must not be taken: Any species of fish.
(4)  Period: All year.
108   Botany Bay (Kogarah Bay)
(1)  Waters: The whole of the waters of Kogarah Bay and Georges River, north of a line extending from Tom Uglys Point east to St George Motor Boat Club (including the foreshore area, being the area between the mean high water mark and a line drawn 10 metres seaward of the mean low water mark).
(2)  Prohibited fishing method: Any method.
(3)  Species of fish that must not be taken: Bivalve molluscs (class Bivalvia) and whelk spp. (family Thiaridae).
(4)  Period: All year.
109   Botany Bay (Gwawley Bay)
(1)  Waters: The whole of the waters of Gwawley Bay, upstream to its source from a line drawn from the easternmost extremity of Sandy Point southeasterly to the opposite shore, being all those waters within the area known as Sylvania Waters Subdivision.
(2)  Prohibited fishing method: Any method involving the use of a net, other than a landing net.
(3)  Species of fish that must not be taken: Any species of fish.
(4)  Period: All year.
110   Woronora River
(1)  Waters: The whole of the tidal waters of the Woronora River and its tributaries, from Woronora Bridge upstream to the causeway at Pass of Sabugal, Barden Ridge.
(2)  Prohibited fishing method: Any method involving the use of a net, other than a landing net.
(3)  Species of fish that must not be taken: Any species of fish.
(4)  Period: All year.
111   Woolooware Bay
(1)  Waters: The whole of the waters of Woolooware Bay within the boundaries of a line drawn from the northern extremity of Taren Point to the port channel marker situated approximately 600 metres north, northwest from the western extremity of Pelican Point, then from that channel marker in a southwesterly direction to Shell Point, then following the foreshore in a northerly direction to the point of commencement.
(2)  Prohibited fishing method: Any method.
(3)  Species of fish that must not be taken: Any species of shellfish.
(4)  Period: All year.
112   Botany Bay and Georges River
(1)  Waters: The whole of the waters of Botany Bay and the Georges River and their tributaries.
(2)  Prohibited fishing method: Any method except when taken in accordance with the New South Wales Shellfish Program under the Food Regulation 2015.
(3)  Species of fish that must not be taken: Oysters.
(4)  Period: All year.
113   Salt Pan Creek
(1)  Waters: The whole of the waters of Salt Pan Creek, upstream from a line drawn commencing at the Henry Lawson Drive road bridge across Salt Pan Creek to the nearest point on the opposite bank.
(2)  Prohibited fishing method: Any method involving the use of a trap.
(3)  Species of fish that must not be taken: Any species of fish.
(4)  Period: All year.
114   Georges River—Traps
(1)  Waters: The whole of the tidal waters of Georges River and its tributaries, upstream from Rabaul Road boat ramp at Georges Hall to Liverpool Weir.
(2)  Prohibited fishing method: Any method involving the use of a trap.
(3)  Species of fish that must not be taken: Any species of fish.
(4)  Period: All year.
115   Port Hacking—Nets and traps
(1)  Waters: The whole of the waters of Port Hacking and its tributaries, upstream from a line drawn southerly from the southernmost extremity of Hungry Point to the northernmost extremity of Cabbage Tree or Pulpit Point.
(2)  Prohibited fishing method: Any method involving the use of the following—
(a)  a hoop or lift net,
(b)  a hand-hauled prawn net,
(c)  a crab trap,
(d)  a lobster trap,
(e)  a push or scissors net (prawns).
(3)  Species of fish that must not be taken: Any species of fish.
(4)  Period: All year.
116   Port Hacking (Cabbage Tree Point)
(1)  Waters: The whole of the foreshore from the ferry jetty in Bundeena Bay generally westerly to the east end of Simpson’s Bay Beach (including that part of the foreshore between the mean high water mark and a line drawn 10 metres seaward of the mean low water mark).
(2)  Prohibited fishing method: Any method.
(3)  Species of fish that must not be taken: All species of Cunjevoi (Pyura spp.) and invertebrates, except Abalone, Eastern Rock Lobster (Sagmariasus verreauxi) and Southern Rock Lobster (Jasus edwardsii).
(4)  Period: All year.
117   Port Hacking (Gunnamatta Bay)
(1)  Waters: The whole of the waters of that part of Port Hacking being Gunnamatta Bay and its tributaries of that part north of a line extending northeasterly from the southernmost extremity of Burrameer (Burraneer) Point to the southernmost extremity of Hungry Point.
(2)  Prohibited fishing method: Any method.
(3)  Species of fish that must not be taken: All species of worms (class Polychaeta), nippers (family Callianassidae) and shellfish.
(4)  Period: All year.
118   Port Hacking (Simpson’s Bay Beach to Costens Point)
(1)  Waters: The whole of the foreshore of Port Hacking from the east end of Simpson’s Bay Beach generally west to the westernmost end of Costens Point (including the foreshore extending from the mean high water mark, to 200 metres horizontally seaward from the mean low water mark).
(2)  Prohibited fishing method: Any method.
(3)  Species of fish that must not be taken: All species of shellfish.
(4)  Period: All year.
119   Wattamolla Lagoon
(1)  Waters: The whole of the waters of Wattamolla Lagoon (Royal National Park).
(2)  Prohibited fishing method: Any method involving the use of a net or a trap, other than a landing net.
(3)  Species of fish that must not be taken: Any species of fish.
(4)  Period: All year.
120   Bellambi Point
(1)  Waters: The whole of the waters adjacent to Bellambi Point from a line drawn from the northernmost point of the breakwater nearest to Bellambi Point boat ramp in a direction of 55° northeasterly for a distance of 150 metres, then in a direction of 360° due north for a distance of 85 metres to a line bearing 270° due west for a distance of 280 metres, then in a direction of 180° due south to the foreshore at the mean high water mark, then along the foreshore in a generally easterly direction to the breakwater, then along the breakwater at the mean high water mark to the point of commencement.
(2)  Prohibited fishing method: Any method involving the use of a lobster trap.
(3)  Species of fish that must not be taken: Any species of fish.
(4)  Period: All year.
121   Port Kembla (Outer Harbour)
(1)  Waters: The whole of the waters of the Outer Harbour of Port Kembla within the following boundary: east of a line drawn from the green navigation light on the western end of the northern bank of the inner harbour entrance canal to the red navigation light at the western end of the southern bank of the inner harbour entrance canal, and from the northernmost extremity of the eastern breakwater, west to the southern extremity of the northern breakwater.
(2)  Prohibited fishing method: Any method involving the use of a net or trap, other than a landing net.
(3)  Species of fish that must not be taken: Any species of fish.
(4)  Period: All year.
122   Port Kembla (Inner Harbour)
(1)  Waters: The whole of the waters of the Inner Harbour of Port Kembla, formerly known as Tom Thumb’s Lagoon, and its tributaries, west of a line drawn from the green navigation light on the western end of the northern bank of the inner harbour entrance canal to the red navigation light at the western end of the southern bank of the inner harbour entrance canal.
(2)  Prohibited fishing method: Any method.
(3)  Species of fish that must not be taken: Any species of fish.
(4)  Period: All year.
123   Para or Fairy Creek
(1)  Waters: The whole of the waters of Para or Fairy Creek and its tributaries, from its confluence with the South Pacific Ocean.
(2)  Prohibited fishing method: Any method involving the use of a net, other than a landing net.
(3)  Species of fish that must not be taken: Any species of fish.
(4)  Period: All year.
124   Lake Illawarra
(1)  Waters: The waters of Lake Illawarra from a line drawn between the most easterly points of the southern and northern breakwaters at the entrance of the Lake Illawarra upstream to a white post on the foreshore at the western prolongation of Boronia Avenue, Windang at a point 34°31.76′S, 150°51.78′E, then generally northwesterly to a white post at a point 34°31.74′S, 150°51.73′E, then continuing northwesterly to a white post at a point 34°31.66′S, 150°51.51′E, then southwesterly to a white post at a point 34°31.72′S, 150°51.42′E, then to the northwestern shore of Bevans Island at a point 34°31.92′S, 150°51.37′E, then by that shore of that island bearing generally south southwesterly to a white post marked FD at a point 34°32.13′S, 150°51.19′E at the westernmost extremity of the island, then in a south southwesterly direction to a white post marked FD at a point 34°32.39′S, 150°51.07′E on the southern shore of Lake Illawarra at the eastern point of the entrance to Foster’s Creek; then by the southern foreshore of Lake Illawarra generally northeasterly and southeasterly to the point of commencement.
(2)  Prohibited fishing method: Any method involving the use of the following—
(a)  a hoop or lift net,
(b)  a hand-hauled prawn net,
(c)  a push or scissors net (prawns),
(d)  a crab trap,
(e)  a lobster trap.
(3)  Species of fish that must not be taken: Any species of fish.
(4)  Period: All year.
125   Lake Illawarra (Mullet Creek)—Nets
(1)  Waters: The whole of the waters of Mullet Creek and its tributaries, from its confluence with Lake Illawarra upstream to its source.
(2)  Prohibited fishing method: Any method involving the use of a net, other than a landing net.
(3)  Species of fish that must not be taken: Any species of fish.
(4)  Period: All year.
126   Minnamurra River
(1)  Waters: The whole of the waters of Minnamurra River and its tributaries, from its source downstream to the South Pacific Ocean.
(2)  Prohibited fishing method: Any method involving the use of a net, other than the following—
(a)  a dip or scoop net (prawns),
(b)  a landing net.
(3)  Species of fish that must not be taken: Any species of fish.
(4)  Period: All year.
127   Currambene Creek (Lady Denman Heritage Complex)
(1)  Waters: The waters in Lady Denman Heritage Complex Fish Enclosure in the Currambene Creek (Crown Lands reserve number R96376; Shoalhaven City Council reserve number BHU603).
(2)  Prohibited fishing method: Any method.
(3)  Species of fish that must not be taken: Any species of fish.
(4)  Period: All year.
128   Shoalhaven River (Tallowa Dam)
(1)  Waters: The whole of the waters of Shoalhaven River, from the Tallowa Dam wall downstream for a distance of 300 metres to a line drawn across the river indicated by two posts on opposite banks of the river.
(2)  Prohibited fishing method: Any method.
(3)  Species of fish that must not be taken: Any species of fish.
(4)  Period: All year.
129   Crookhaven River Entrance
(1)  Waters: The whole of the waters of Crookhaven River, from its confluence with the South Pacific Ocean upstream to a line drawn from the western extremity of Orient Point, generally northeasterly to the southeastern extremity of Haven Island, then generally easterly to the western extremity of the training wall of Comerong Island.
(2)  Prohibited fishing method: Any method involving the use of a trap, other than a bait trap.
(3)  Species of fish that must not be taken: Any species of fish.
(4)  Period: All year.
130   St Georges Basin including Sussex Haven
(1)  Waters: The whole of the waters of Sussex Haven and its tributaries, from its confluence with the South Pacific Ocean upstream to its confluence with St Georges Basin.
(2)  Prohibited fishing method: Any method involving the use of a net, other than the following—
(a)  a dip or scoop net (prawns),
(b)  a landing net.
(3)  Species of fish that must not be taken: Any species of fish.
(4)  Period: All year.
131   Swan Lake
(1)  Waters: The whole of the waters of Swan Lake bounded by a line commencing at a post marked FD on the eastern foreshore of Swan Lake at the intersection of the western prolongation of the southern boundary of portion 54 with the high water mark, then by a line bearing due west for 91 metres, then by a northerly line to a point 91 metres due west of a post marked FD on the foreshore at the intersection of the western prolongation of the northern boundary of portion 56, then by a line easterly to that post, and then generally southerly by the high water mark to the point of commencement.
(2)  Prohibited fishing method: Any method involving the use of a net, other than the following—
(a)  a dip or scoop net (prawns),
(b)  a landing net.
(3)  Species of fish that must not be taken: Any species of fish.
(4)  Period: All year.
132   Canal Lagoon and Berrara Creek
(1)  Waters: The whole of the waters of Canal Lagoon and Berrara Creek, from their confluence with the South Pacific Ocean upstream to their source.
(2)  Prohibited fishing method: Any method involving the use of a hoop or lift net.
(3)  Species of fish that must not be taken: Any species of fish.
(4)  Period: All year.
133   Tabourie Lake
(1)  Waters: The whole of the waters of Tabourie Lake and its tributaries, upstream from its confluence with the South Pacific Ocean.
(2)  Prohibited fishing method: Any method involving the use of a hoop or lift net.
(3)  Species of fish that must not be taken: Any species of fish.
(4)  Period: All year.
134   Willinga Lake
(1)  Waters: The whole of the waters of Willinga Lake (including its entrance) and its tributaries.
(2)  Prohibited fishing method: Any method involving the use of a net, other than the following—
(a)  a dip or scoop net (prawns),
(b)  a landing net.
(3)  Species of fish that must not be taken: Any species of fish.
(4)  Period: All year.
135   Butler’s Creek
(1)  Waters: The whole of the waters of Butler’s Creek, from its confluence with the South Pacific Ocean upwards to its source.
(2)  Prohibited fishing method: Any method involving the use of a net, other than the following—
(a)  a dip or scoop net (prawns),
(b)  a landing net.
(3)  Species of fish that must not be taken: Any species of fish.
(4)  Period: All year.
136   Willija (or ‘Y’) Swamp
(1)  Waters: The whole of the waters of Willija (or ‘Y’) Swamp at Moruya Heads.
(2)  Prohibited fishing method: Any method involving the use of a net or a trap, other than a landing net.
(3)  Species of fish that must not be taken: Any species of fish.
(4)  Period: All year.
137   Moruya River (Upper Reaches)
(1)  Waters: The whole of the tidal waters of Moruya River and its tributaries, from Kiora Bridge upstream to the junction with Wamban Creek.
(2)  Prohibited fishing method: Any method involving the use of a net, other than a landing net.
(3)  Species of fish that must not be taken: Any species of fish.
(4)  Period: All year.
138   Wagonga Inlet
(1)  Waters: The whole of the waters of Wagonga Inlet and its tributaries, westward of a line drawn northwest across the entrance from the northernmost extremity of Wagonga Head.
(2)  Prohibited fishing method: Any method involving the use of the following—
(a)  a hoop or lift net,
(b)  a hand-hauled prawn net,
(c)  a push or scissors net (prawns),
(d)  a crab trap,
(e)  a lobster trap.
(3)  Species of fish that must not be taken: Any species of fish.
(4)  Period: All year.
139   Wapengo Lake
(1)  Waters: The whole of the waters of that part of Wapengo Lake and its tributaries, from a line drawn across the entrance to the lake at its confluence with the South Pacific Ocean upstream to a line drawn from the northeastern foreshore at a point 150°1.07′E, 36°36.24′S to the southeastern foreshore at a point 150°0.76′E, 36°36.19′S.
(2)  Prohibited fishing method: Any method involving the use of a net, other than the following—
(a)  a dip or scoop net (prawns),
(b)  a landing net.
(3)  Species of fish that must not be taken: Any species of fish.
(4)  Period: All year.
140   Bega River (Upper Reaches)
(1)  Waters: The whole of the tidal waters of Bega River and its tributaries, upstream from the junction with Jellat Jellat Creek to the junction with Bargo Lagoon Creek and including Jellat Jellat Creek and its tributaries, upstream to the floodgate located approximately 450 metres above Russels Bridge crossing.
(2)  Prohibited fishing method: Any method involving the use of a net, other than a landing net.
(3)  Species of fish that must not be taken: Any species of fish.
(4)  Period: All year.
141   Sandy Beach Creek and Bournda Lagoon
(1)  Waters: The whole of the waters of Sandy Beach Creek and Bournda Lagoon and their tributaries.
(2)  Prohibited fishing method: Any method involving the use of a net, other than the following—
(a)  dip or scoop net (prawns),
(b)  landing net.
(3)  Species of fish that must not be taken: Any species of fish.
(4)  Period: All year.
142   Merimbula Lake—Shellfish
(1)  Waters: The whole of the waters of Merimbula Lake downstream from the causeway traffic bridge (Authur Kaine Drive) to its confluence with the South Pacific Ocean.
(2)  Prohibited fishing method: Any method.
(3)  Species of fish that must not be taken: All species of shellfish.
(4)  Period: All year.
143   Merimbula Lake—Nets
(1)  Waters: The whole of the waters of Merimbula Lake and its tributaries, from its confluence with the South Pacific Ocean upstream to its source.
(2)  Prohibited fishing method: Any method involving the use of a hoop or lift net.
(3)  Species of fish that must not be taken: Any species of fish.
(4)  Period: All year.
144   Towamba River
(1)  Waters: The whole of the tidal waters of Towamba River and its tributaries, upstream from its confluence with the South Pacific Ocean in Twofold Bay to Jack Seiffert Bridge, Kiah.
(2)  Prohibited fishing method: Any method involving the use of a net, other than the following—
(a)  a dip or scoop net (prawns),
(b)  a landing net.
(3)  Species of fish that must not be taken: Any species of fish.
(4)  Period: All year.
145   Wonboyn River
(1)  Waters: The whole of the tidal waters of Wonboyn River and its tributaries, upstream from its confluence with the Tasman Sea in Disaster Bay.
(2)  Prohibited fishing method: Any method involving the use of a net, other than the following—
(a)  a dip or scoop net (prawns),
(b)  a hand-hauled prawn net,
(c)  a push or scissors net (prawns),
(d)  a landing net.
(3)  Species of fish that must not be taken: Any species of fish.
(4)  Period: All year.
146   Nadgee River
(1)  Waters: The whole of the waters of Nadgee River, Nadgee Lake, Merrica River and Little Creek and their tributaries, from their confluence with the South Pacific Ocean upstream to their source.
(2)  Prohibited fishing method: Any method involving the use of a net or trap, other than the following—
(a)  a dip or scoop net (prawns),
(b)  a landing net,
(c)  a bait trap.
(3)  Species of fish that must not be taken: Any species of fish.
(4)  Period: All year.
Part 3 Inland waters
147   All waters—Australian bass and estuary perch
(1)  Waters: All waters except the backed up waters of any freshwater impoundments and their tributaries, upstream from where they enter the backed up waters of any freshwater impoundments.
(2)  Prohibited fishing method: Any method other than by catch and release fishing (so that any fish caught are immediately returned to the water unharmed).
(3)  Species of fish that must not be taken: Australian Bass (Macquaria novemaculeata) and Estuary Perch (Macquaria colonorum).
(4)  Period: May to August (inclusive) in each year.
148   Inland waters—Silver perch
(1)  Waters: All waters except the backed up waters of the following impoundments: Ben Chifley Dam, Blowering Dam, Burrendong Dam, Burrinjuck Dam, Chaffey Dam, Copeton Dam, Glenbawn Dam, Glennies Creek Dam, Googong Dam, Jounama Pondage, Keepit Dam, Lake Albert, Lake Wyangan, Pindari Dam, Split Rock Dam, Windamere Dam, Wyangala Dam and Yass Weir.
(2)  Prohibited fishing method: Any method.
(3)  Species of fish that must not be taken: Silver Perch (Bidyanus bidyanus).
(4)  Period: All year.
149   Inland waters—Murray cod
(1)  Waters: All inland waters other than Copeton Dam and Blowering Dam.
(2)  Prohibited fishing method: Any method.
(3)  Species of fish that must not be taken: Murray Cod (Machullochella peelii).
(4)  Period: September to November (inclusive) in each year.
150   Inland waters—Murray Crayfish
(1)  Waters: All inland waters other than—
(a)  that part of Murrumbidgee River and its tributaries between the Hume Highway road bridge at Gundagai downstream to a line 100 metres upstream of the weir face at Berembed Weir near Ganmain, excluding the waters of Old Man Creek, and
(b)  that part of Murray River and its tributaries between a line 130 metres below the weir face at Hume Weir near Albury downstream to the Newell Highway road bridge at Tocumwal.
(2)  Prohibited fishing method: Any method.
(3)  Species of fish that must not be taken: Murray Crayfish (Euastacus armatus).
(4)  Period: September in each year to May in each following year (inclusive).
151   Inland waters—River blackfish and two-spined blackfish
(1)  Waters: All inland waters.
(2)  Prohibited fishing method: Any method.
(3)  Species of fish that must not be taken: River Blackfish (Gadopsis marmoratus) and Two-spined Blackfish or Twospine Blackfish (Gadopsis bispinosus).
(4)  Period: All year.
152   Western flowing waters—Freshwater catfish
(1)  Waters: All western flowing waters including the backed up waters of western impoundments, except the backed up waters of the following impoundments: Ben Chifley Dam, Burrendong Dam, Chaffey Dam, Copeton Dam, Keepit Dam, Pindari Dam, Split Rock Dam, Windamere Dam and Wyangala Dam.
(2)  Prohibited fishing method: Any method.
(3)  Species of fish that must not be taken: Freshwater Catfish, Eel-tailed Catfish (Tandanus tandanus).
(4)  Period: All year.
153   (Repealed)
154   Doon Doon Creek (Clarrie Hall Dam)
(1)  Waters: That part of Doon Doon Creek and its tributaries, downstream from Clarrie Hall Dam wall to the junction with Tweed River.
(2)  Prohibited fishing method: Any method.
(3)  Species of fish that must not be taken: Any species of fish.
(4)  Period: August to October (inclusive) in each year.
155   (Repealed)
156   Richmond River (Jabour Weir)
(1)  Waters: That part of the Richmond River from within 50 metres upstream and 200 metres downstream from the weir face at Jabour Weir.
(2)  Prohibited fishing method: Any method other than a method that involves—
(a)  the use of up to 2 hand held lines with no more than 2 single hooks or 2 artificial flies or lures attached (with up to 3 hooks attached to a lure), and
(b)  any fish taken upstream from the weir being released immediately and with the least possible harm, and
(c)  any fish taken downstream from the weir being released with the least possible harm immediately or as soon as possible upstream from the weir and within the waters described in subclause (1).
(3)  Species of fish that must not be taken: Any species of fish.
(4)  Period: All year.
157   Iron Pot Creek (Toonumbar Dam)
(1)  Waters: That part of Iron Pot Creek and its tributaries, 1.225 km downstream from the downstream end of Toonumbar Dam Spillway wall.
(2)  Prohibited fishing method: Any method.
(3)  Species of fish that must not be taken: Any species of fish.
(4)  Period: August to October (inclusive) in each year.
158   Dumaresq River (Bonshaw Weir)
(1)  Waters: That part of Dumaresq River and its tributaries, from within 100 metres downstream from the weir face at Bonshaw Weir.
(2)  Prohibited fishing method: Any method.
(3)  Species of fish that must not be taken: Any species of fish.
(4)  Period: All year.
159   MacIntyre River (Goondiwindi Weir)
(1)  Waters: That part of MacIntyre River and its tributaries, from within 150 metres upstream and 150 metres downstream from the weir face at Goondiwindi Weir.
(2)  Prohibited fishing method: Any method.
(3)  Species of fish that must not be taken: Any species of fish.
(4)  Period: All year.
160   Mehi River (Moree Weir)
(1)  Waters: That part of Mehi River and its tributaries, from within 15 metres upstream and 85 metres downstream from the weir face at Moree Weir.
(2)  Prohibited fishing method: Any method.
(3)  Species of fish that must not be taken: Any species of fish.
(4)  Period: All year.
161, 162   (Repealed)
163   Mann River
(1)  Waters: Mann River and its tributaries, upstream from its junction with Clarence River except the following—
(a)  Oban River and its tributaries, upstream from its junction with, but not including, Sara River,
(b)  Guy Fawkes River and its tributaries, upstream from its junction with, but not including, Aberfoyle River,
(c)  Nymboida River and its tributaries, upstream from its junction with, and including, Wild Cattle Creek.
(2)  Prohibited fishing method: Any method.
(3)  Species of fish that must not be taken: Any species of fish.
(4)  Period: August to October (inclusive) in each year.
164–167   (Repealed)
168   Serpentine River (L.P. Dutton Trout Hatchery)
(1)  Waters: That part of Serpentine River and its tributaries upstream from the Serpentine Falls to the weir above the Point Lookout road crossing and including all dams and ponds of the L.P. Dutton Trout Hatchery.
(2)  Prohibited fishing method: Any method other than the taking of fish from the Serpentine River and the dams and ponds of the L.P. Dutton Trout Hatchery—
(a)  for hatchery purposes, or
(b)  as part of a workshop coordinated by the Department, or