Fisheries Management (Estuary General Share Management Plan) Regulation 2006

1 Name of Regulation

This Regulation is the Fisheries Management (Estuary General Share Management Plan) Regulation 2006.

2 Commencement

This Regulation commences on 5 February 2007.

3 Estuary General Share Management Plan

The Estuary General Share Management Plan set out in the Appendix to this Regulation has effect.

Appendix

(Clause 3)

Part 1 Preliminary

1 Name of Plan

This is the Estuary General Share Management Plan.

2 Definitions

(1)  In this Plan—

body of a net means the netting that forms that part of the net forward of the codend, including the wings, belly, and any extension piece that may be inserted immediately forward of the codend.

certificate of survey for a boat means—

(a)  a certificate of survey in force under the National law, within the meaning of the Marine Safety Act 1998, or

(b)  if a certificate of survey has not been issued for the boat—a document that—

(i)  is prepared by a marine surveyor, who is accredited by the Australian Maritime Safety Authority to conduct surveys of boats, and

(ii)  specifies the measured length of the boat determined in accordance with the National Standard for Commercial Vessels.

codend of a net means the piece of netting that forms the posterior most part of the net where the catch accumulates.

drift line means a line which is attached to a float, buoy or similar device, not being a float, buoy or device which is—

(a)  held in the hand or attached to fishing gear held in the hand, or

(b)  secured in any other manner which prevents it from drifting or floating freely.

endorsement means an endorsement on a commercial fishing licence that authorises the taking of fish in the fishery.

endorsement holder means a person who holds a commercial fishing licence that has an endorsement.

estuarine waters has the meaning given by Schedule 1 to the Act.

estuary general fishing business means a fishing business the components of which include shares in the fishery.

exempt boat means a boat exempt from the maximum boat length under clause 13A or 14.

fishery means the estuary general fishery (as described in Schedule 1 to the Act).

hand picking, of fish, means any method of taking fish by hand (whether or not while wearing a glove) including taking fish by hand while diving or while using any of the following instruments—

(a)  a single blade knife with a blade longer than it is wide,

(b)  a pump or similar device having a barrel or cylinder with a diameter of not more than 85 millimetres,

(c)  a tube or cylinder (whether or not fitted with a cap at one end) with a length of not more than 250 millimetres and a diameter of not more than 85 millimetres,

(d)  a spade or fork (except in a seagrass bed, mangrove or saltmarsh area or for the taking of pipis),

(e)  pliers.

holding pen means any enclosure used to store or hold live fish in estuarine waters, but does not include a trap or net used in compliance with this Plan.

identifying number of a boat means the identifier issued by the Secretary for the boat under the Fisheries Management (General) Regulation 2019, clause 125(3)(a), before its repeal.

maximum boat length—see clause 13.

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.

permitted species of fish has the meaning given by clause 16.

prohibited size class of fish means any species of fish referred to in the Fisheries Management (General) Regulation 2019, clause 6.

quota share—see clause 6A.

relevant fishing boat licence—see clause 13A(1).

relevant fishing business, in relation to an endorsement holder, means the fishing business a component of which is the holder’s endorsement.

relevant fishing business number, in relation to the identification of any fishing gear or holding pen, means the number of the fishing business a component of which is the endorsement held by the person who set the net, trap, line or holding pen concerned.

set line means any line not held in the hand, or not attached to fishing gear held in the hand, which is used or intended to be used for the purpose of taking fish, but does not include a drift line.

Supporting Plan means the Fisheries Management Supporting Plan as set out in the Appendix to the Fisheries Management (Supporting Plan) Regulation 2006.

the Act means the Fisheries Management Act 1994.

unique vessel identifier for a boat means the vessel identifier issued for the boat by the Australian Maritime Safety Authority under the National Standard for Commercial Vessels.

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 Plan.

(2)  In this Plan, a reference to a region of the fishery is a reference to a region described in clause 4.

(3)  In this Plan, longitude and latitude coordinates are in WGS84 datum, unless otherwise provided.

(4)  Notes in this Plan do not form part of the Plan.

Part 2 Objectives of Plan

3 Objectives, performance indicators and triggers for review

(1)  The objectives of this Plan are set out in Column 1 of the Table to this clause.

(2)  For the purposes of section 57 (2) (a) of the Act, the performance indicator in relation to each objective of this Plan is set out in Column 2 of the Table to this clause next to the objective concerned.

(3)  For the purposes of section 57 (2) (b) of the Act, a review of this Plan is required in the circumstances provided for in Column 3 of the Table to this clause next to the objective and performance indicator concerned.

(4)  In the Table—

key secondary species means a permitted species of fish that is designated as a key secondary species (as indicated in Column 3 of the Table to clause 16 next to the name of the species concerned).

primary species means a permitted species of fish that is designated as a primary species (as indicated in Column 3 of the Table to clause 16 next to the name of the species concerned).

secondary species means a permitted species of fish that is designated as a secondary species (as indicated in Column 3 of the Table to clause 16 next to the name of the species concerned).

Table

	Column 1	Column 2	Column 3
	Objective	Performance indicator	Trigger for review
1	Contribute, in conjunction with other fishing regulatory controls (as defined in section 7A of the Act), to managing the impacts of the fishery on the environment and to ensuring ecologically sustainable development	Reduction in the estimated quantity of the estuary general catch (by method) which is discarded	The Secretary is satisfied that the estimated quantity of discards for any observed method increases between consecutive observer surveys
		No new primary species or key secondary species with an exploitation status is classified as “overfished” or “recruitment overfished” by the Department	On the basis of resource assessment frameworks approved by the Director- General, the exploitation status of a primary species or key secondary species is changed to “overfished” or “recruitment overfished” by the Department
		Total annual landings of all secondary species taken in the fishery as a percentage of the total annual landings in the fishery remains at 15% or less	The Secretary is satisfied that the contribution of secondary species to total annual landings exceeds 15% in any 2 consecutive years
		No interactions between the fishery and any threatened species, population or ecological community that are likely to threaten the survival of a species, population or ecological community	Any interaction between the fishery and any threatened species, population or ecological community reported by endorsement holders in the fishery or observed during an observer survey that is likely to threaten the survival of a threatened species, population or ecological community, as determined by the Secretary on advice from relevant experts
		No interactions between the fishery and protected fish that are likely to threaten the survival of protected fish	On a biennial review undertaken by the Department of interactions between the fishery and protected fish reported by endorsement holders in the fishery or observed during an observer survey, the Secretary, on advice from relevant experts, determines that the level of these reported interactions is likely to threaten the survival of the protected fish
2	Contribute, in conjunction with other fishing regulatory controls (as defined in section 7A of the Act), to promoting viable commercial fishing	There are net returns to the fishery	The Secretary is satisfied that the gross value of production of the fishery has not exceeded the sum of indicative industry operational costs and government management costs relevant to the fishery for 3 consecutive years

Part 3 Description of fishery

Note—

The fishery is described in Schedule 1 to the Act as consisting of—

(a)  the taking of fish from estuarine waters by any lawful method other than by use of an otter trawl net (prawns), and

(b)  the taking of fish from ocean beaches by the method of hand picking.

Estuarine waters do not include the waters of Port Jackson.

4 Regions of fishery

(1)  For the purposes of this Plan, the fishery is divided into 7 regions, as specified in Column 1 of the Table to this clause.

(2)  A description of each region, and the estuarine waters within the region, is set out in Columns 2 and 3 of the Table to this clause next to the name of the region concerned.

(3)  A reference to an estuary in the Table includes a reference to all creeks, rivers, lakes, lagoons and tributaries flowing into or from that estuary.

Table   Regions and estuarine waters

Column 1	Column 2	Column 3
Region	Description of region	Estuarine waters within region
Upper North Coast—Region 1	That part of the State lying generally between the border between the States of Queensland and New South Wales and the parallel 29°15′ south latitude	Tweed River Cudgen Lake Cudgera Creek Mooball Creek Brunswick River Richmond River Evans River Jerusalem Creek
Clarence—Region 2	That part of the State lying generally between the parallel 29°15′ south latitude and the parallel 29°45′ south latitude	Clarence River Sandon River
North Coast—Region 3	That part of the State lying generally between the parallel 29°45′ south latitude and the parallel 31°44′ south latitude	Wooli Wooli River Station Creek Corindi River Arrawarra Creek Darkum Creek Woolgoolga Lake Hearns Lake Moonee Creek Coffs Harbour Creek Boambee Creek Bonville Creek Dalhousie Creek Oyster Creek Nambucca River Macleay River South West Rocks Creek Saltwater Creek Korogoro Creek Killick Creek Lake Cathie (Lake Innes) Camden Haven River
Central—Region 4	That part of the State lying generally between the parallel 31°44′ south latitude and the parallel 33°25′ south latitude	Manning River Khappinghat Creek Wallis Lake Smiths Lake Myall Lakes (Myall River) Port Stephens (Karuah River) Hunter River Tuggerah Lakes
Metropolitan—Region 5	That part of the State lying generally between the parallel 33°25′ south latitude and the parallel 34°20′ south latitude	Hawkesbury River Port Hacking
Upper South Coast—Region 6	That part of the State lying generally between the parallel 34°20′ south latitude and the parallel 35°25′ south latitude	Towradgi Creek Lake Illawarra Minnamurra River Spring Creek Werri Lagoon Crooked River Shoalhaven River Lake Wollumboola Jervis Bay Swan Lake Berrara Creek Nerrindillah Creek
Lower South Coast—Region 7	That part of the State lying generally between the parallel 35°25′ south latitude and the border between the States of New South Wales and Victoria	Termeil Lake Willinga Lake Durras Lake Clyde River (Batemans Bay) Moruya River Congo Creek Coila Lake Lake Brou Wagonga Inlet Corunna Lake Tilba Tilba Lake Wallaga Lake Barragoot Lake Cuttagee Lake Murrah Lake Bunga Lagoon Wapengo Lake Middle Lake (Bega) Wallagoot Lake Bournda Lagoon Merimbula Lake Pambula Lake Curalo Lake

Note—

Fishing in the above waters is subject to other restrictions imposed by this Plan, the Supporting Plan or by other regulations under the Act (and, in particular, the fishing closures set out in Schedule 1).

5 Classes of share

The following classes of shares are available in the fishery—

(a)  Estuary general—handline shares—Regions 1, 2, 3, 4, 5, 6 and 7,

(b)  Estuary general—meshing shares—Regions 1, 2, 3, 4, 5, 6 and 7,

(c)  Estuary general—prawning shares—Regions 1, 2, 3, 4, 5, 6 and 7,

(d)  Estuary general—trapping shares—Regions 1, 2, 3, 4, 5, 6 and 7,

(e)  Estuary general—eel trapping shares—Regions 1, 2, 3, 4, 5, 6 and 7,

(f)  Estuary general—mud crab trapping shares—Regions 1, 2, 3, 4, 5, 6 and 7,

(g)  Estuary general—hand gathering shares—Regions 1, 2, 3, 4, 5, 6 and 7,

(h)  Estuary general—category one hauling shares—Regions 1, 2, 3, 4, 5, 6 and 7,

(i)  Estuary general—category two hauling shares—Regions 1, 2, 3, 4, 5, 6 and 7,

(j)  Estuary general—mud crab quota shares,

(k)  Estuary general—blue swimmer crab quota shares,

(l)  Estuary general—eel quota shares,

(m)  Estuary general—pipi quota shares,

(n)  Estuary general—beachworm quota shares,

(o)  Estuary general—cockle quota shares,

(p)  Estuary general—ghost nipper quota shares.

Note—

The classes of shares referred to in paragraphs (a)–(i) correspond to the types of endorsements available in the fishery and the region in which an endorsement authorises the holder to take fish.

The classes of shares referred to in paragraphs (j)–(p) were issued as further classes of shares under section 71A of the Act. See Part 3A of this Plan for provisions relating to those shares.

6 Types of endorsement

(1)  There are 63 types of endorsement available in the fishery, as follows—

(a)  Handline endorsement—Regions 1, 2, 3, 4, 5, 6 and 7,

(b)  Meshing endorsement—Regions 1, 2, 3, 4, 5, 6 and 7,

(c)  Prawning endorsement—Regions 1, 2, 3, 4, 5, 6 and 7,

(d)  Trapping endorsement—Regions 1, 2, 3, 4, 5, 6 and 7,

(e)  Eel trapping endorsement—Regions 1, 2, 3, 4, 5, 6 and 7,

(f)  Mud crab trapping endorsement—Regions 1, 2, 3, 4, 5, 6 and 7,

(g)  Hand gathering endorsement—Regions 1, 2, 3, 4, 5, 6 and 7,

(h)  Category one hauling endorsement—Regions 1, 2, 3, 4, 5, 6 and 7,

(i)  Category two hauling endorsement—Regions 1, 2, 3, 4, 5, 6 and 7.

(2) Handline endorsement—Regions 1, 2, 3, 4, 5, 6 and 7 A handline endorsement authorises the holder to take fish from the estuarine waters specified in Column 3 of the Table to clause 4 within a region of the fishery specified in the endorsement using a handline, rod and line, set line or drift line.

(3)  Only shareholders who hold estuary general—handline shares for a region are eligible to be given, or to nominate a person to be given, a handline endorsement for that region.

(4) Meshing endorsement—Regions 1, 2, 3, 4, 5, 6 and 7 A meshing endorsement authorises the holder to take fish from the estuarine waters specified in Column 3 of the Table to clause 4 within a region of the fishery specified in the endorsement using any of the following nets—

(a)  meshing net,

(b)  flathead net.

(5)  Only shareholders who hold estuary general—meshing shares for a region are eligible to be given, or to nominate a person to be given, a meshing endorsement for that region.

(6) Prawning endorsement—Regions 1, 2, 3, 4, 5, 6 and 7 A prawning endorsement authorises the holder to take prawns from the estuarine waters specified in Column 3 of the Table to clause 4 within a region of the fishery specified in the endorsement using any of the following nets—

(a)  prawn net (hauling), and a try net (prawns) (but only to facilitate the use of the prawn net (hauling)),

(b)  prawn net (set pocket),

(c)  prawn running net,

(d)  seine net (prawns), and a try net (prawns) (but only to facilitate the use of the seine net (prawns)),

(e)  hand-hauled prawn net,

(f)  push or scissors net (prawns),

(g)  dip or scoop net (prawns).

(7)  Only shareholders who hold estuary general—prawning shares for a region are eligible to be given, or to nominate a person to be given, a prawning endorsement for that region.

(8) Trapping endorsement—Regions 1, 2, 3, 4, 5, 6 and 7 A trapping endorsement authorises the holder to use a fish trap to take fish (other than eels) from the estuarine waters specified in Column 3 of the Table to clause 4 within a region of the fishery specified in the endorsement.

(9)  Only shareholders who hold estuary general—trapping shares for a region are eligible to be given, or to nominate a person to be given, a trapping endorsement for that region.

(10) Eel trapping endorsement—Regions 1, 2, 3, 4, 5, 6 and 7 An eel trapping endorsement authorises the holder to use an eel trap to take eels from the estuarine waters specified in Column 3 of the Table to clause 4 within a region of the fishery specified in the endorsement.

(11)  Only shareholders who hold estuary general—eel trapping shares for a region are eligible to be given, or to nominate a person to be given, an eel trapping endorsement for that region.

(12) Mud crab trapping endorsement—Regions 1, 2, 3, 4, 5, 6 and 7 A mud crab trapping endorsement authorises the holder to use a crab trap to take fish (other than eels) from the estuarine waters specified in Column 3 of the Table to clause 4 within a region of the fishery specified in the endorsement.

(13)  Only shareholders who hold estuary general—mud crab trapping shares for a region are eligible to be given, or to nominate a person to be given, a mud crab trapping endorsement for that region.

(14) Hand gathering endorsement—Regions 1, 2, 3, 4, 5, 6 and 7 A hand gathering endorsement authorises the holder to take beachworm, pipi, cockle, cuttlefish, mussel and nippers from estuarine waters and ocean beaches (seaward up to an imaginary line on the beach representing the lowest astronomical tide), within a region of the fishery specified in the endorsement, by the method of hand picking.

(15)  Only shareholders who hold estuary general—hand gathering shares for a region are eligible to be given, or to nominate a person to be given, a hand gathering endorsement for that region.

(16) Category one hauling endorsement—Regions 1, 2, 3, 4, 5, 6 and 7 A category one hauling endorsement authorises the holder to take fish from the estuarine waters specified in Column 3 of the Table to clause 4 within a region of the fishery specified in the endorsement using any of the following nets—

(a)  hauling net (general purpose),

(b)  trumpeter whiting net (hauling),

(c)  pilchard, anchovy and bait net (hauling),

(d)  garfish net (hauling),

(e)  garfish net (bullringing),

(f)  bait net.

(17)  Only shareholders who hold estuary general—category one hauling shares for a region are eligible to be given, or to nominate a person to be given, a category one hauling endorsement for that region.

(18) Category two hauling endorsement—Regions 1, 2, 3, 4, 5, 6 and 7 A category two hauling endorsement authorises the holder to take fish from the estuarine waters specified in Column 3 of the Table to clause 4 within a region of the fishery specified in the endorsement using any of the following nets—

(a)  garfish net (hauling),

(b)  garfish net (bullringing),

(c)  bait net.

(19)  Only shareholders who hold estuary general—category two hauling shares for a region are eligible to be given, or to nominate a person to be given, a category two hauling endorsement for that region.

(20)  Any endorsement that authorises the taking of fish from the estuarine waters within Region 5 (as specified next to Region 5 in the Table to clause 4) is taken to also authorise the taking of fish from any part of the Hawkesbury River that lies outside Region 5 in the proximity of Wisemans Ferry and Mangrove Creek.

(21)  Any endorsement that authorises the taking of fish from estuarine waters within one region is taken to also authorise the taking of fish from estuarine waters within another region, but only if those other waters are specified in the endorsement.

Part 3A Quota management

6A New classes of shares

(1)  The following classes of shares are available in the fishery—

(a)  Estuary general—mud crab quota shares,

(b)  Estuary general—blue swimmer crab quota shares,

(c)  Estuary general—eel quota shares,

(d)  Estuary general—pipi quota shares,

(e)  Estuary general—beachworm quota shares,

(f)  Estuary general—cockle quota shares,

(g)  Estuary general—ghost nipper quota shares.

(2)  These shares are created as further classes of shares under section 71A of the Act and are referred to in this Plan as quota shares.

6B Allocation of quota shares—first issue

(1)  A person is eligible to be issued with the quota shares specified in Column 1 of the Table to subclause (2) if the person is an eligible shareholder in relation to those shares.

(2)  A person is an eligible shareholder in relation to a class of quota shares specified in Column 1 of the Table to this subclause if, on the relevant date, the person holds shares of a class specified opposite in Column 2.

Table   Eligibility for quota shares

Column 1	Column 2
Quota shares	Existing shares
Estuary general—mud crab quota shares	Estuary general—meshing shares—Regions 1–7
	Estuary general—mud crab trapping shares—Regions 1–7
Estuary general—blue swimmer crab quota shares	Estuary general—meshing shares—Regions 1–7
	Estuary general—trapping shares—Regions 1–7
	Estuary general—category one hauling shares—Regions 1–7
Estuary general—eel quota shares	Estuary general—eel trapping shares—Regions 1–7

(3)  The Minister is to determine the number of quota shares to be issued to each eligible shareholder under this clause.

(4)  The determination is to be made on the basis of an allocation formula set out in a notice published by the Secretary in the Gazette.

(5)  The allocation formula is also to be made available on the Department’s website.

(6)  The relevant date is the date specified as the relevant date in the notice published by the Secretary under subclause (4).

6BA Allocation of quota shares—second issue

(1)  A person is eligible to be issued with the quota shares specified in Column 1 of the Table to this clause if the person is an eligible shareholder in relation to those shares.

(2)  A person is an eligible shareholder in relation to a class of quota shares specified in Column 1 if, at 12 noon on 28 September 2018, the person holds shares of a class specified opposite in Column 2.

(3)  However, a person is not an eligible shareholder in relation to estuary general—pipi quota shares, cockle quota shares or ghost nipper quota shares if—

(a)  the person holds an endorsement that authorises the taking of beachworm (but not pipi, cockle or ghost nipper), or

(b)  the shares of a class specified in Column 2 held by the person are part of a fishing business a component of which is an endorsement that authorises the taking of beachworm (but not pipi, cockle or ghost nipper).

(4)  The Minister is to determine the number of quota shares to be issued to each eligible shareholder under this clause.

(5)  The determination is to be made on the basis of the allocation formula set out in Schedule 2.

Table   Eligibility for quota shares

Column 1	Column 2
Quota shares	Existing shares
Estuary general—pipi quota shares	Estuary general—hand gathering shares—Regions 1–7
Estuary general—cockle quota shares	Estuary general—hand gathering shares—Regions 1–7
Estuary general—ghost nipper quota shares	Estuary general—hand gathering shares—Regions 1–7
Estuary general—beachworm quota shares	Estuary general—hand gathering shares—Regions 1–7

6C Issue of quota shares

(1)  The Minister is to issue quota shares to eligible shareholders in accordance with a determination under clause 6B or 6BA for each class of quota shares.

(2)  The Minister must, as soon as practicable after issuing quota shares—

(a)  notify each shareholder of the number of quota shares issued to the shareholder, and

(b)  give each shareholder a statement in writing of any rights of appeal by the shareholder to the Share Appeal Panel.

6D Appeals to Share Appeal Panel

(1)  A person who has been issued with quota shares of a particular class may appeal to the Share Appeal Panel against the Minister’s determination of the number of quota shares of that class issued to the person.

(1A)  However, a person may not appeal to the Share Appeal Panel against the Minister’s determination of the number of quota shares of a particular class issued to the person if the person has transferred any of those quota shares.

Note—

A person to whom quota shares are transferred may not appeal under this clause.

(2)  When a person lodges an appeal, the quota shares issued to the person are shares that are subject to appeal.

(3)  The transfer of, or any other registrable dealing in, quota shares that are subject to appeal is not permitted.

(4)  On completion of an appeal, the Minister may cancel or issue shares in order to give effect to a decision of the Share Appeal Panel.

(5)  No compensation is payable by or on behalf of the State for the cancellation by the Minister of shares that are subject to appeal in order to give effect to a decision of the Share Appeal Panel.

(6)  For the purposes of section 90 (1) (e) of the Act, shares that are subject to appeal are to be registered as such on the Share Register.

(7)  Shares cease to be subject to appeal if—

(a)  the appeal to the Share Appeal Panel is withdrawn, or

(b)  the appeal to the Share Appeal Panel is finalised and the Minister has done anything necessary to give effect to the decision of the Share Appeal Panel.

Note—

The Supporting Plan contains provisions relating to lodging an appeal to the Share Appeal Panel in relation to the issue of quota shares.

6E TAF Committee required to make fishing determinations

(1)  The TAF Committee is required to make the following fishing determinations—

(a)  a TAC determination for each of the following species of fish—

(i)  mud crab (Scylla serrata),

(ii)  blue swimmer crab (Portunus armatus),

(iii)  longfin eel (Anguilla reinhardtii) and southern shortfin eel (Anguilla australis),

(b)  a TAE determination for each of the following classes of shares—

(i)  Estuary general—meshing shares—Regions 1–7,

(ii)  Estuary general—category one hauling shares—Regions 1–7,

(iii)  Estuary general—category two hauling shares—Regions 1–7.

(2)  A TAE determination is to specify the total number of days during a specified period in which fish may be taken in the fishery.

(3)  A fishing determination is to be made in respect of each period of 12 months commencing on 1 July and ending on 30 June in the following year or such other period as the Minister may determine after consultation with any relevant advisory council or advisory group.

(4)  A fishing determination is to be made in accordance with Division 2 of Part 2A of the Act.

(5)  This clause is subject to Part 11 of this Plan.

Note—

Part 11 provides for the Secretary, and not the TAF Committee, to make the fishing determinations specified in this clause during the transition period, which commences on 6 October 2017 and ends on 30 June 2024.

6EA TAC determinations required to be made

(1)  A determination of the total allowable catch (a TAC determination) of each of the following species is required to be made—

(a)  pipi (Donax deltoides),

(b)  beachworm (Class: Polychaeta),

(c)  cockle (Family: Arcidae/Veneridae),

(d)  ghost nipper (Trypaea australiensis).

Note—

Under section 40C (3), the Minister may direct either the TAF Committee or the Secretary to make the fishing determinations (subject to some limitations).

(2)  A TAC determination is to be made in respect of each period of 12 months commencing on 1 July and ending on 30 June in the following year or such other period as the Minister may determine after consultation with any relevant advisory council or advisory group.

6F Taking fish without quota

(1)  For the purposes of section 68 (6A) of the Act, it is a condition of an endorsement authorising the taking of any of the following species of fish that the endorsement holder does not take that species in the fishery unless the endorsement holder has quota for that species—

(a)  mud crab (Scylla serrata),

(b)  blue swimmer crab (Portunus armatus),

(c)  longfin eel (Anguilla reinhardtii) and southern shortfin eel (Anguilla australis),

(d)  pipi (Donax deltoides),

(e)  beachworm (Class: Polychaeta),

(f)  cockle (Family: Arcidae/Veneridae),

(g)  ghost nipper (Trypaea australiensis).

Note—

It is also an offence under section 40S of the Act for a shareholder to take fish, or use a fishing method, or to cause or permit an agent to do so, in contravention of the shareholder’s quota.

(2)  For the purposes of section 65 of the Act, contravention of this clause is an offence.

(3)    (Repealed)

Part 4 Minimum and maximum shareholdings

7 Minimum shareholding—all shares other than hand gathering shares

(1)  For the purpose of section 67 (1) of the Act, the minimum shareholding in relation to a class of shares specified in the Table to this clause is the number of shares of that class specified in the Table next to the class concerned.

Note—

A person who does not hold the minimum shareholding required for a class of shares will not be eligible to be given, or to nominate another person to be given, an endorsement that authorises the taking of fish in respect of shares of that class. See section 68 (3) (b) of the Act.

(2)  The shares relied on to meet the minimum shareholding requirement must all be a component of the same estuary general fishing business.

Table

Class of shares	Minimum shareholding
Estuary general—handline shares (Region 1, 2, 3, 4, 5, 6 or 7)	375
Estuary general—meshing shares (Region 1, 2, 3, 4, 5, 6 or 7)	125
Estuary general—prawning shares (Region 1, 2, 3, 4, 6 or 7)	150
Estuary general—prawning shares (Region 5)	125
Estuary general—trapping shares (Region 1, 2, 3, 4, 5, 6 or 7)	125
Estuary general—eel trapping shares (Region 1, 2, 3, 4, 5, 6 or 7)	125
Estuary general—mud crab trapping shares (Region 1, 2, 3, 4, 5, 6 or 7)	125
Estuary general—category one hauling shares (Region 1, 2, 3, 4, 5, 6 or 7)	125
Estuary general—category two hauling shares (Region 1, 2, 3, 4, 5, 6 or 7)	125

7A Minimum shareholding—hand gathering shares

(1)  For the purpose of section 67 (1) of the Act, the minimum shareholding in relation to estuary general—hand gathering shares is, subject to subclause (2)—

(a)  for estuary general—hand gathering shares (Region 1, 2, 3, 4, 6 or 7)—125 shares, or

(b)  for estuary general—hand gathering shares (Region 5)—100 shares.

(2)  The minimum shareholding in relation to estuary general—hand gathering shares is 1 share, if the shareholder is an original entitlement holder.

(3)  Subclause (2) ceases to apply if the shareholder transfers, assigns, forfeits or surrenders any of the shares or if any of the shares are cancelled after 5 February 2007 (in which case subclause (1) applies to the shareholder).

(4)  For the purposes of this clause, an original entitlement holder is a person who—

(a)  held estuary general—hand gathering shares immediately before 5 February 2007, and

(b)  was, immediately before 5 February 2007, eligible for an endorsement in the fishery (or to nominate a person to be given an endorsement in the fishery) on the basis of that shareholding.

(5)  A person who was issued with estuary general—hand gathering shares as a consequence of a decision of the Share Appeal Panel on an appeal in relation to the issue of shares in the fishery and who would have been entitled to an endorsement in the fishery, or to nominate a person to be given an endorsement, if those shares had been issued before 5 February 2007, is taken to be an original entitlement holder for the purposes of this clause.

(6)  The shares relied on to meet the minimum shareholding requirement must all be a component of the same estuary general fishing business.

8 Maximum shareholding

For the purpose of section 72 (1) of the Act, the maximum shareholding in relation to all classes of shares, other than quota shares, is 40% of the total number of shares in the fishery at the commencement of this Plan.

Part 5 Endorsement conditions

9 Trap limits

(1)  The Secretary is to determine, by instrument in writing, a trap limit for each estuary general trapping fishing business.

(2)  The trap limit for an estuary general trapping fishing business is the maximum number of crab, eel or fish traps that may be used or set at any one time in all waters, or in specified waters, by persons taking fish on behalf of the fishing business.

(3)  The Secretary is to determine the trap limit for each estuary general trapping fishing business in accordance with any guidelines approved by the Minister and published in the Gazette.

(4)  The Secretary is to notify the owner of each estuary general trapping fishing business of the trap limit for the business.

(5)  A fishing business owner who is notified of a trap limit by the Secretary under this clause must, as soon as reasonably practicable, ensure each nominated fisher of the fishing business is notified of the trap limit.

(6)  For the purposes of section 68 (6A) of the Act, it is a condition of each of the following endorsements that the endorsement holder does not use or set, or cause to be used or set, a number of traps at any one time that exceeds the trap limit for the relevant fishing business—

(a)  trapping endorsement,

(b)  eel trapping endorsement,

(c)  mud crab trapping endorsement.

(7)  For the purposes of section 65 of the Act, contravention of subclause (5) or (6) is an offence.

(8)  In this clause, estuary general trapping fishing business means an estuary general fishing business that has any of the following classes of shares as a component—

(a)  Estuary general—trapping shares—Regions 1–7,

(b)  Estuary general—eel trapping shares—Regions 1–7,

(c)  Estuary general—mud crab trapping shares—Regions 1–7.

10, 11 (Repealed)

12 No more than one net to be used by holders of hauling endorsement

(1)  For the purposes of section 68 (6A) of the Act, it is a condition of a category one hauling endorsement that the holder of the endorsement does not use or cause to be used more than one of the nets that the holder is authorised to use in the fishery by the endorsement at any one time.

(2)  For the purposes of section 68 (6A) of the Act, it is a condition of a category two hauling endorsement that the holder of the endorsement does not use or cause to be used more than one of the nets that the holder is authorised to use in the fishery by the endorsement at any one time.

13 Boat length restrictions

(1)  For the Act, section 68(6A), it is a condition of an endorsement that the endorsement holder does not use a boat to take fish in the fishery if the measured length of the boat is more than 16m (the maximum boat length).

(2)  A boat is exempt from the maximum boat length if the boat—

(a)  is an exempt boat, and

(b)  displays—

(i)  the unique vessel identifier for the boat, or

(ii)  the identifying number of the boat, in accordance with subclause (3).

(3)  The identifying number of the boat must be displayed—

(a)  on both sides of the outside of the bow or wheelhouse, and

(b)  following the letters “LFB”, and

(c)  using letters and figures that are—

(i)  clearly visible, and

(ii)  in a colour that contrasts with the boat, and

(iii)  at least 300mm high and 150mm wide.

(4)  In this clause—

measured length of a boat means the measured length specified in the most recent certificate of survey for the boat.

13A Boats exempt from maximum boat length

(1)  A boat is exempt from the maximum boat length if, immediately before the commencement of this clause, a fishing boat licence that specified an “EG” exemption code (a relevant fishing boat licence) authorised the use of the boat for a declared commercial fishing boat activity.

(2)  A boat is exempt only if the following are provided to the Secretary within the relevant period—

(a)  the name of the boat,

(b)  the identifying number of the boat,

(c)  the unique vessel identifier for the boat,

(d)  the most recent certificate of survey for the boat.

(3)  In this clause—

relevant period means 90 days from the commencement of this clause or a longer period determined by the Secretary.

13B Transfer of entitlement to exempt boat

(1)  A person who, immediately before the commencement of this clause, held a relevant fishing boat licence may transfer the entitlement to an exempt boat to another person.

(2)  The person to whom the entitlement to an exempt boat is transferred under subclause (1) may transfer the entitlement to another person.

(3)  If a person transfers an entitlement under subclause (1) or (2)—

(a)  the transferee is entitled to an exempt boat as if the person was the holder of the relevant fishing boat licence, and

(b)  the transferor is no longer entitled to an exempt boat.

14 New and replacement exempt boats

(1)  An exempt boat may not be replaced after 3 years from the commencement of this clause.

(2)  A person who has an entitlement to an exempt boat may not acquire an exempt boat after 3 years from the commencement of this clause.

(3)  The Secretary may extend the 3-year period specified in subclause (1) or (2) if the Secretary is satisfied exceptional circumstances exist.

(4)  A replacement boat is exempt from the maximum boat length if—

(a)  the boat is not longer than the maximum length specified, immediately before the commencement of this clause, on the relevant fishing boat licence for the replaced boat, and

(b)  the following are provided to the Secretary—

(i)  the name of the boat,

(ii)  the unique vessel identifier for the boat,

(iii)  the most recent certificate of survey for the boat,

(iv)  if the replacement boat is exempt because of the transfer of an entitlement under clause 13B—evidence that is, in the opinion of the Secretary, reasonably sufficient to demonstrate that the entitlement was transferred in accordance with that clause.

14A Sorting of prawns caught in certain nets

(1)  For the purposes of section 68 (6A) of the Act, it is a condition of an endorsement that the following steps are taken immediately after using a relevant net to take fish in the fishery—

(a)  any prawns caught in the net are graded immediately after the net is retrieved,

(b)  the unwanted portion of the catch is returned to the water, alive, as soon as practicable (and in any case before the cooking of the retained portion of the catch).

(2)  In this clause, a relevant net means any of the following nets—

(a)  dip or scoop net (prawns),

(b)  hand-hauled prawn net,

(c)  prawn net (hauling),

(d)  prawn net (hauling)—Manning River,

(e)  prawn net (hauling)—Wallis Lake,

(f)  prawn net (set pocket),

(g)  prawn running net,

(h)  push or scissors net (prawns),

(i)  seine net (prawns),

(j)  seine net (prawns)—clover leafing.

14B Use of discard chutes

(1)  For the purposes of section 68 (6A) of the Act, it is a condition of a meshing endorsement that any fish taken at any time that are to be released in the period starting one hour before sunrise and ending one hour after sunset are released—

(a)  using a discard chute that complies with discard chute guidelines, and

(b)  in a manner that complies with the discard chute guidelines.

(2)  For the purposes of this clause, discard chute guidelines are guidelines approved by the Secretary for the purposes of this clause and published in the Gazette.

14C Storage of eels, crabs and cockles

(1)  For the purposes of section 68 (6A) of the Act, it is a condition of an endorsement that authorises the taking of eel that the endorsement holder does not store any live eels taken, or possess any device used to store live eels, in, on, or adjacent to, the following waters—

(a)  any freshwater river, creek, stream, lake or lagoon,

(b)  waters in which commercial fishing for eel or the use of eel traps is prohibited.

(2)  For the purposes of section 68 (6A) of the Act, it is a condition of an endorsement that authorises the taking of mud crabs or blue swimmer crabs that the endorsement holder does not store any live mud crabs or blue swimmer crabs taken, or possess any device used to store live mud crabs or blue swimmer crabs, in, on, or adjacent to, any waters in which commercial fishing for mud crabs or blue swimmer crabs is prohibited.

(3)  For the purposes of section 68 (6A) of the Act, it is a condition of a hand gathering endorsement that the endorsement holder does not store any live cockles taken, or possess any device used to store live cockles, in, on, or adjacent to, any waters in which commercial fishing for cockles is prohibited.

14D Use of holding pens

(1)  For the purposes of section 68 (6A) of the Act, it is a condition of an endorsement that authorises the taking of any of the following species of fish that the endorsement holder does not use a holding pen to store the fish other than in compliance with this clause—

(a)  mud crab,

(b)  blue swimmer crab,

(c)  longfin eel and southern shortfin eel,

(d)  cockle.

(2)  A holding pen may be used only if—

(a)  the dimensions of the holding pen do not exceed the dimensions of a fish trap, and

(b)  the holding pen is sealed (so that the fish cannot get in or out), and

(c)  the position of the holding pen is indicated by a buoy that—

(i)  is moored so as to be positioned above the holding pen, and

(ii)  measures not less than 100 mm in all dimensions, and

(iii)  has a height above the water of not less than 50 mm, and

(iv)  is moored in such a way that no rope is floating on the surface of the water, and

(v)  displays the relevant fishing business number followed by the letter “P”, in clearly visible letters and figures that are not less than 50 mm in height and are of a colour that contrasts with that of the buoy.

Part 6 Species that may be taken

15 Only permitted species may be taken

For the purposes of section 68 (6A) of the Act, it is a condition of an endorsement that the endorsement holder does not take fish by use of a net, trap or line or by the method of hand picking in the fishery unless the fish taken is a permitted species for the fishery.

Note—

Size requirements for permitted species are set out in the Fisheries Management (General) Regulation 2019.

16 Permitted species

For the purposes of this Plan, a permitted species of fish is a species of fish listed in the following Table.

Table   Species of fish permitted to be taken in the fishery

Common name	Scientific name	Designation
Australian anchovy	Engraulis australis	Secondary species
Australian bonito	Sarda australis	Secondary species
Eastern Australian salmon	Arripis trutta	Secondary species
Beachworm spp.	various (Class: POLYCHAETA)	Key secondary species
Blue mackerel	Scomber australasicus	Secondary species
Bream
•  Black bream	Acanthopagrus butcheri	Secondary species
•  Yellowfin bream	Acanthopagrus australis	Primary species
Catfish spp.	various (Family: ARIIDAE/PLOTOSIDAE)	Secondary species
Cockle spp.	various (Family: ARCIDAE/VENERIDAE)	Key secondary species
Crabs
•  Blue swimmer crab	Portunus armatus	Key secondary species
•  Mud crab	Scylla serrata	Primary species
•  Sand crab spp.	various (Family: PORTUNIDAE)	Secondary species
Cuttlefish spp.	various (Family: SEPIIDAE)	Secondary species
Eels
•  Longfin eel	Anguilla reinhardtii	Primary species
•  Pike eel	Muraenesox bagio	Secondary species
•  Southern shortfin eel	Anguilla australis	Primary species
•  Short-finned conger eel	Conger wilsoni	Secondary species
•  Southern conger eel	Conger verreauxi	Secondary species
Emperor	Lethrinus spp.	Secondary species
Flathead
•  Dusky flathead	Platycephalus fuscus	Primary species
•  Bluespotted flathead	Platycephalus caeruleopunctatus	Secondary species
Flounder spp.	various (Family: PLEURONECTIDAE/BOTHIDAE)	Secondary species
Garfish
•  Eastern sea garfish	Hyporhamphus australis	Secondary species
•  River garfish	Hyporhamphus regularis	Key secondary species
•  Shortbill garfish	Arrhamphus sclerolepis	Secondary species
Gurnard spp.	various (Family: TRIGLIDAE)	Secondary species
Hairtail	Trichiurus lepturus	Secondary species
Hardyhead spp.	various (Family: ATHERINIDAE)	Secondary species
John dory	Zeus faber	Secondary species
Leatherjacket spp.	various (Family: MONACANTHIDAE)	Secondary species
Longtom spp.	various (Family: BELONIDAE)	Secondary species
Luderick	Girella tricuspidata	Primary species
Mackerel tuna	Euthynnus affinis	Secondary species
Mangrove jack	Lutjanus argentimaculatus	Secondary species
Mantis shrimp spp.	various (Family: SQUILLIDAE)	Secondary species
Mullet
•  Flat-tail mullet	Liza argentea	Key secondary species
•  Pink-eye mullet	Myxus petardi	Secondary species
•  Red mullet	Upeneichthys lineatus	Secondary species
•  Sand mullet	Myxus elongatus	Secondary species
•  Sea mullet	Mugil cephalus	Primary species
Mulloway	Argyrosomus japonicus	Key secondary species
Mussel spp.	various (Family: MYTILIDAE)	Secondary species
Nipper spp.	Callianassa spp.	Secondary species
Octopus spp.	various (Family: OCTOPODIDAE)	Secondary species
Old maid	Scatophagus multifasciatus	Secondary species
Pike spp.	Sphyraena spp.	Secondary species
Australian sardine	Sardinops sagax	Secondary species
Pipi	Donax deltoides	Primary species
Prawns
•  Eastern king prawn	Melicertus plebejus	Primary species
•  Greasyback prawn	Metapenaeus bennettae	Key secondary species
•  Eastern school prawn	Metapenaeus macleayi	Primary species
•  Tiger prawn	Penaeus esculentus	Secondary species
Red morwong	Cheilodactylus fuscus	Secondary species
Saucer scallop	Amusium spp.	Secondary species
Scallop	Pecten fumatus	Secondary species
Shell spp.	various (Class: GASTROPODA/PELECYPODA)	Secondary species
Silver biddy	Gerres subfasciatus	Key secondary species
Snapper	Chrysophrys auratus	Secondary species
Sole spp.	various (Family: SOLEIDAE)	Secondary species
Squid spp.	various (Class: CEPHALOPODA)	Secondary species
Stingray/stingaree spp.	various (Family: DASYATIDAE/UROLOPHIDAE)	Secondary species
Striped grunter spp.	Pelates spp.	Secondary species
Silver sweep	Scorpis lineolata	Secondary species
Tailor	Pomatomus saltatrix	Secondary species
Tarwhine	Rhabdosargus sarba	Secondary species
Trevally
•  Black trevally	Siganus nebulosus	Secondary species
•  Golden trevally	Gnathanodon speciosus	Secondary species
•  Silver trevally	Pseudocaranx georgianus	Secondary species
Whaler shark spp.	Carcharhinus spp.	Secondary species
Whitebait spp.	various (Family: CLUPEIDAE/GALAXIIDAE)	Secondary species
Whiting
•  Sand whiting	Sillago ciliata	Primary species
•  School whiting	Sillago bassensis	Secondary species
•  Trumpeter whiting	Sillago maculata	Key secondary species
Yellowtail scad	Trachurus novaezelandiae	Secondary species
Yellowtail kingfish	Seriola lalandi	Secondary species

Part 6A Restrictions on areas of operation

16A Other restrictions on areas of operation

For the purposes of section 20 (2) of the Act, it is declared that the waters specified in column 1 of Schedule 1 are waters in which the class of commercial fishing that consists of the taking of fish of a species specified in column 2 of that Schedule by a method specified in column 3 of that Schedule (next to the species concerned) is prohibited during the period or periods specified in column 4 of that Schedule.

Part 7 Fishing gear

Note—

Section 24 of the Act makes it an offence for a person to use a net or trap for taking any fish unless its use by the person for taking those fish is declared by the regulations to be a lawful use of the net or trap. This Part sets out the types of fishing gear that may be lawfully used in the fishery (and the conditions of use).

Division 1 Use of fishing gear

16B Use of nets to assist commercial fishers to take fish

It is lawful for a person to assist an endorsement holder in the operation of a net in accordance with this Division and Part 8.

17 Hauling net (general purpose)

(1)  It is lawful for the holder of a category one hauling endorsement to use a hauling net for taking a permitted species of fish in the waters specified in the Table to this clause if the net (including hauling lines) complies with the description set out in relation to those waters in that Table and the following conditions are complied with—

(a)  the net is used only by the method of hauling,

(b)  the net has a bunt,

(c)  the bunt of the net is in the centre of the net,

(d)  the net has 2 wings of equal length,

(e)  except as provided by paragraph (f), the length of each hauling line attached to the net does not exceed the total length of the net to which it is attached,

(f)  the length of each hauling line attached to the net does not exceed—

(i)  725 metres in length in the waters of that part of Wallaga Lake extending upwards from the bridge and embankment on the Narooma–Bermagui Road, the Broadwater of the Clarence River, that part of Lake Cathie (Lake Innes) known as Lake Innes, Smiths Lake, those parts of Myall Lakes (Myall River) known as Myall Lake and the Broadwater of Myall Lakes and Lake Illawarra, or

(ii)  1,000 metres in length in the waters of Tuggerah Lakes and Wallis Lake (excluding Wollomba, Wallingat, Cooloongolok and Wang Wauk Rivers),

(g)  in the waters of any coastal lake or lagoon, the net is not landed by any method other than against a stake or back net (the total length of which does not exceed 50 metres with a mesh throughout of not less than 25 mm),

(h)  the hauling of the net once commenced (that is, when any part of the net other than the hauling line has been shot or cast) is continued without any interruption or delay until completed,

(i)  any fish contained in any part of the net are immediately removed on completion of the haul, or on removal of that part of the net from the water, whichever occurs first,

(j)  the net is not used for taking garfish,

(k)  the net is operated with the assistance of at least 1 other person,

(l)  in the case of a net of 500 metres or less in length used in the waters specified in item 1 or 2 of the Table to this clause under the authority of a category one hauling endorsement—

(i)  the net is hauled no more than once between midnight on one day and midnight on the immediately following day, and

(ii)  no more than one net of 500 metres or less in length is used by the holder of the endorsement during that period.

(2)    (Repealed)

(3)  For the purposes of this Plan or any other instrument under the Act, a net described in this clause may be referred to as a hauling net (general purpose) or a hauling net (general purpose)—estuary general fishery.

Table   Hauling net (general purpose)

1	(a)  Waters—Tuggerah Lakes; Wallis Lake (excluding Wollomba, Wallingat, Cooloongolok and Wang Wauk Rivers). (b)  Description of net—Total length not exceeding 500 metres; length of bunt not exceeding 90 metres or one-quarter of the total length of the net (whichever is the lesser) made up as follows: centre piece not exceeding 50 metres nor less than 25 metres in length, of mesh not less than 30 mm nor more than 57 mm; remainder of bunt not exceeding 50 metres in length, of mesh not less than 57 mm; mesh of wings not less than 80 mm.
2	(a)  Waters—That part of Wallaga Lake extending upwards from the bridge and embankment on the Narooma–Bermagui Road; that part of Clarence River known as the Broadwater of the Clarence River; that part of Lake Cathie (Lake Innes) known as Lake Innes; Smiths Lake; those parts of Myall Lakes known as Myall Lake and the Broadwater of Myall Lakes; Lake Illawarra. (b)  Description of net—Total length not exceeding 500 metres; length of bunt not exceeding 90 metres or one-quarter of the total length of the net (whichever is the lesser) made up as follows: centre piece not exceeding 50 metres nor less than 25 metres in length, of mesh not less than 30 mm nor more than 57 mm; remainder of bunt not exceeding 50 metres in length, of mesh not less than 57 mm; mesh of wings not less than 80 mm.
3	(a)  Waters—Those parts of the Tweed River known as Terranora Broadwater and Cobaki Broadwater; Clarence River; Lake Wollumboola; Coila Lake; Murrah Lake; Wapengo Lake; Curalo Lake. (b)  Description of net—Total length not exceeding 450 metres; length of bunt not exceeding 90 metres or one-quarter of the total length of the net (whichever is the lesser) made up as follows: centre piece not exceeding 50 metres nor less than 25 metres in length, of mesh not less than 30 mm nor more than 57 mm; remainder of bunt not exceeding 50 metres in length, of mesh of not less than 57 mm; mesh of wings not less than 80 mm.
4	(a)  Waters—All other waters specified in the Table to clause 4. (b)  Description of net—Total length not exceeding 375 metres; length of bunt not exceeding 90 metres or one-quarter of the total length of the net (whichever is the lesser) made up as follows: centre piece not exceeding 50 metres nor less than 25 metres in length, of mesh not less than 30 mm nor more than 57 mm; remainder of bunt not exceeding 50 metres in length, of mesh not less than 57 mm; mesh of wings not less than 80 mm.

18 Trumpeter whiting net (hauling)

(1)  It is lawful for the holder of a category one hauling endorsement to use a hauling net for taking trumpeter whiting in the waters specified in the Table to this clause if the net (including hauling lines) complies with the description set out in relation to those waters in that Table and the following conditions are complied with—

(a)    (Repealed)

(b)  the net is used only by the method of hauling, that is, by casting and shooting the net and picking up and landing the whole of the net, including both hauling lines, without delay or interruption, or in the following manner—

(i)  the net and hauling lines attached to both ends of the net must be completely cast or shot from a boat,

(ii)  the net and hauling lines may be towed to the point of landing if the distance of the tow does not exceed the difference between the length of the hauling lines and 225 metres,

(c)  any fish contained in a part of the net are immediately removed from the net on completion of the haul, or on removal of that part of the net from the water, whichever occurs first.

(2)    (Repealed)

(3)  For the purposes of this Plan or any other instrument under the Act, a net described in this clause may be referred to as a trumpeter whiting net (hauling).

Table   Trumpeter whiting net (hauling)

1

(a)  Waters—That part of Port Stephens (Karuah River) east of a line drawn (along the eastern and southern side of the Pindimar sanctuary zone and the eastern side of the Soldiers Point habitat protection zone of Port Stephens—Great Lakes Marine Park) from the mean high water mark nearest to 32°41.252′S, 152°04.970′E, due south to the starboard navigation marker No 129 at or about 32°41.421′S, 152°04.970′E, then due south to 32°41.682′S, 152°04.970′E, then due west to 32°41.682′S, 152°04.327′E, then due south to the mean high water mark at Kangaroo Point nearest to 32°42.423′S, 152°04.327′E, and west of a line drawn from the south eastern extremity of Orungall Point south east to the starboard navigation marker No 062 at or about 32°41.143′S, 152°07.203′E, then (along the western edge of the Corrie Island Sanctuary Zone and the Dutchman’s beach habitat protection zone of Port Stephens–Great Lakes Marine Park), generally south to the starboard navigation marker No 064 at or about 32°41.736′S, 152°07.374′E, then generally south south east to starboard navigation marker No 015 at or about 32°42.273′S, 152°07.556′E, then south south east to the mean high water mark on the western side of Redpatch Point at or about 32°43.207′S, 152°07.786′E. (b)  Description of net—Total length not exceeding 275 metres; mesh of wings not less than 50 mm nor more than 65 mm, having a depth of not more than 50 meshes, length of bunt not exceeding 50 metres of mesh not less than 30 mm nor more than 40 mm; length of each hauling line not less than 100 metres nor more than 225 metres.

19 Garfish net (bullringing)

(1)  It is lawful for the holder of a category one or category two hauling endorsement to use a net for taking garfish in the waters specified in the Table to this clause if the net complies with the description set out in relation to those waters in that Table and the following conditions are complied with—

(a)  the net is used only between 1 February and 30 November in any year,

(b)  the net is used only by the method of bullringing (that is, casting the net in a circle, then retrieving the net to the boat, both of which are to be completed as a continuous operation),

(c)  the length of any hauling line attached to the net does not exceed 25 metres.

(2)    (Repealed)

(3)  For the purposes of this Plan or any other instrument under the Act, a net described in this clause may be referred to as a garfish net (bullringing).

Table   Garfish net (bullringing)

1	(a)  Waters—Clarence River. (b)  Description of net—Total length not exceeding 375 metres; mesh throughout not less than 28 mm nor more than 45 mm.
2	(a)  Waters—Tuggerah Lakes. (b)  Description of net—Total length not exceeding 550 metres; mesh throughout not less than 28 mm nor more than 36 mm.
3	(a)  Waters—All other waters specified in the Table to clause 4. (b)  Description of net—Total length not exceeding 275 metres; mesh throughout not less than 28 mm nor more than 36 mm.

20 Garfish net (hauling)

(1)  It is lawful for the holder of a category one or category two hauling endorsement to use a hauling net for taking garfish in the waters specified in the Table to this clause if the net complies with the description set out in relation to those waters in that Table and the following conditions are complied with—

(a)  the net is used only by the method of hauling,

(b)  the net is deployed from, and hauled to, a beach.

(2)  It is also lawful to use a hauling net for taking any other permitted species of fish (other than a prohibited size class of fish) that are taken by the net when it is being lawfully used for taking garfish.

(3)    (Repealed)

(4)  For the purposes of this Plan or any other instrument under the Act, a net described in this clause may be referred to as a garfish net (hauling) or as a garfish net (hauling)—estuary general fishery.

Table   Garfish net (hauling)

1

(a)  Waters—That part of the Hawkesbury River known as Broken Bay from its confluence with the South Pacific Ocean upstream to a line drawn from Little Box Head to Green Point, a line from the most easterly extremity of Middle Head to the most northerly extremity of West Head and a line northeasterly from Soldiers Point to Sand Point; that part of Port Stephens east of a line northerly from Corlett Point to Orungall Point (excluding those parts which include Wobbegong Bay, Wobbegong Creek, Pindimar Bay, Corrie Creek, Paddy Marr’s Bay and Myall River and its tributaries), generally north and northeast of a line from Orungall Point to a point being the south-western corner of Oyster Farm No 83–361, and a line from the last mentioned point to Myall Point. (b)  Description of net—Mesh of not less than 28 mm nor more than 36 mm; total length not exceeding 300 metres.

21 Prawn net (hauling)

(1)  It is lawful for the holder of a prawning endorsement to use a hauling net for taking prawns in the waters specified in the Table to this clause if the net (including hauling lines) complies with the description set out in relation to those waters in that Table and the following conditions are complied with—

(a)  the net is used only by the method of hauling,

(b)  the net is not set or staked at any time,

(c)  the net is landed on the tray of a boat or in sufficient depth of water to enable prohibited size class of fish that are taken in the net to escape,

(d)  there is no seine net (prawns) on the boat from which the net is used,

(e)  there is no string, rope, wire, cord, netting or other material fixed to the codend, except as permitted by subclauses (2) and (3).

(2)  A draw or closing string and a secondary string may be attached to the net in accordance with one of the following methods—

(a)  method 1: a frill or panel of diamond shaped mesh (not less than 30 mm nor more than 40 mm), used to facilitate the insertion of a draw or closing string, is attached to the codend within 3 bars of the last row of bars of the codend; the frill or panel is no greater than 15 meshes deep and a draw or closing string is inserted directly in the codend, or by means of a secondary string, within 3 bars of the end of the codend,

(b)  method 2: a frill or panel of diamond shaped mesh (not less than 30 mm nor more than 40 mm), used to facilitate the insertion of a draw or closing string, is attached to the codend; the frill or panel does not consist of a greater number of meshes in circumference than the number of bars in the circumference of the codend; and a draw or closing string is inserted directly in the frill, or by means of a secondary string, within 3 meshes of the point where the frill or panel is attached to the codend,

(c)  method 3: a draw or closing string is inserted directly into the codend, or by means of a secondary string, without a frill or panel of diamond shaped mesh.

(3)  A chain or weight may be attached to the last row of the meshes of the codend for the purpose of preventing tangling of the net while it is being used.

(4)  It is also lawful to use a try net in the waters specified in the Table to this clause to facilitate the taking of prawns by the means of a prawn net (hauling) if the try net complies with the following description—

The net is attached to a frame not exceeding 0.6 metre in width and 0.5 metre in height, with a total length from the centre of the frame to the extremity of the net not exceeding 2 metres; mesh not less than 27 mm nor more than 32 mm, constructed of single twine knotless polyamide or polyethylene material not more than 2.5 mm in diameter, and hung on the bar so that the meshes are square shaped.

(5)  It is also lawful to use a hauling net to take other permitted species of fish (other than a prohibited size class of fish) that are taken by the net when it is being lawfully used for taking prawns.

(6)  For the purposes of this Plan or any other instrument under the Act, a net described—

(a)  in subclause (1) or in the Table to this clause may be referred to as a prawn net (hauling), and

(b)  in subclause (4) may be referred to as a try net (prawns).

Table   Prawn net (hauling)

1	(a)  Waters—Tuggerah Lakes. (b)  Description of net—Total length not exceeding 140 metres; mesh of the body of the net (or that part of the net not capable of being used as a codend) not less than 30 mm nor more than 36 mm; codend of the net (or that part of the net capable of being used as a codend) not less than 2 metres in length with a circumference of not less than 1 metre nor more than 1.6 metres; mesh of codend of net (or that part of the net capable of being used as a codend) not less than 27 mm nor more than 32 mm, constructed of single twine knotless polyamide or polyethylene material not more than 2.5 mm in diameter, and hung on the bar so that the meshes are square shaped; length of each hauling line not exceeding 140 metres.
2	(a)  Waters—Lake Illawarra. (b)  Description of net—Total length not exceeding 140 metres; mesh of the body of the net (or that part of the net not capable of being used as a codend) not less than 30 mm nor more than 36 mm; codend of the net (or that part of the net capable of being used as a codend) not less than 2 metres in length with a circumference of not less than 1 metre nor more than 1.6 metres; mesh of codend of net (or that part of the net capable of being used as a codend) not less than 27 mm nor more than 32 mm, constructed of single twine knotless polyamide or polyethylene material not more than 2.5 mm in diameter, and hung on the bar so that the meshes are square shaped; length of each hauling line not exceeding 220 metres.
3	(a)  Waters—Shoalhaven River. (b)  Description of net—Total length not exceeding 90 metres; mesh of the body of the net (or that part of the net not capable of being used as a codend) not less than 30 mm nor more than 36 mm; codend of the net (or that part of the net capable of being used as a codend) not less than 2 metres in length with a circumference of not less than 1 metre nor more than 1.6 metres; mesh of codend of net (or that part of the net capable of being used as a codend) not less than 27 mm nor more than 32 mm, constructed of single twine knotless polyamide or polyethylene material not more than 2.5 mm in diameter, and hung on the bar so that the meshes are square shaped; length of each hauling line not exceeding 220 metres.
4	(a)  Waters—Myall Lakes (Myall River) and Smiths Lake. (b)  Description of net—Total length not exceeding 140 metres; mesh of the body of the net (or that part of the net not capable of being used as a codend) not less than 30 mm nor more than 36 mm; codend of the net (or that part of the net capable of being used as a codend) not less than 2 metres in length with a circumference of not less than 1 metre nor more than 1.6 metres; mesh of codend of net (or that part of the net capable of being used as a codend) not less than 27 mm nor more than 32 mm, constructed of single twine knotless polyamide or polyethylene material not more than 2.5 mm in diameter, and hung on the bar so that the meshes are square shaped; length of each hauling line not exceeding 130 metres.
5	(a)  Waters—That part of Wallis Lake included within the following boundaries: commencing at a post marked “FD” situated at the high water mark of Pipers Bay (the post being located by a line bearing 186 degrees from an electricity pole numbered 14808, situated at the eastern end of Pipers Bay Drive, Forster), then bounded by a line bearing 217 degrees to a second post marked “FD” situated at the high water mark on the southern side of Big Island, then to a third post marked “FD” situated at the high water mark of Wallis Island, bearing 245 degrees from the second post, then southerly, westerly and northerly along the high water mark of Wallis Island to a jetty located on the western side of Wallis Island, then westerly along the length of the jetty to its end, then to a fourth post marked “FD”, situated at the high water mark on the foreshore of Coomba Park, bearing 246 degrees and 30 minutes from the end of the jetty, then generally southerly, easterly and northerly along the high water mark of Wallis Lake to the point of commencement. (b)  Description of net—Total length not exceeding 140 metres; mesh of the body of the net (or that part of the net not capable of being used as a codend) not less than 30 mm nor more than 36 mm; codend of the net (or that part of the net capable of being used as a codend) not less than 2 metres in length with a circumference of not less than 1 metre nor more than 1.6 metres; mesh of codend of net (or that part of the net capable of being used as a codend) not less than 27 mm nor more than 32 mm, constructed of single twine knotless polyamide or polyethylene material not more than 2.5 mm in diameter, and hung on the bar so that the meshes are square shaped; length of each hauling line not exceeding 140 metres.
6	(a)  Waters—Coila Lake and Wallaga Lake. (b)  Description of net—Total length not exceeding 75 metres; mesh of the body of the net (or that part of the net not capable of being used as a codend) not less than 30 mm nor more than 36 mm; codend of the net (or that part of the net capable of being used as a codend) not less than 2 metres in length with a circumference of not less than 1 metre nor more than 1.6 metres; mesh of codend of net (or that part of the net capable of being used as a codend) not less than 27 mm nor more than 32 mm, constructed of single twine knotless polyamide or polyethylene material not more than 2.5 mm in diameter, and hung on the bar so that the meshes are square shaped; length of each hauling line not exceeding 130 metres.
7	(a)  Waters—Tweed River. (b)  Description of net—Total length not exceeding 40 metres; mesh of the body of the net (or that part of the net not capable of being used as a codend) not less than 30 mm nor more than 36 mm; codend of the net (or that part of the net capable of being used as a codend) not less than 2 metres in length with a circumference of not less than 1 metre nor more than 1.6 metres; mesh of codend of net (or that part of the net capable of being used as a codend) not less than 27 mm nor more than 32 mm, constructed of single twine knotless polyamide or polyethylene material not more than 2.5 mm in diameter, and hung on the bar so that the meshes are square shaped; length of each hauling line not exceeding 220 metres.
8	(a)  Waters—All other waters specified in the Table to clause 4 (except the waters of the Manning River and Wallis Lake). (b)  Description of net—Total length not exceeding 40 metres; mesh of the body of the net (or that part of the net not capable of being used as a codend) not less than 30 mm nor more than 36 mm; codend of the net (or that part of the net capable of being used as a codend) not less than 2 metres in length with a circumference of not less than 1 metre nor more than 1.6 metres; mesh of codend of net (or that part of the net capable of being used as a codend) not less than 27 mm nor more than 32 mm, constructed of single twine knotless polyamide or polyethylene material not more than 2.5 mm in diameter, and hung on the bar so that the meshes are square shaped; length of each hauling line not exceeding 130 metres.

22 Prawn net (hauling): Manning River

(1)  It is lawful for the holder of a prawning endorsement to use a hauling net for taking prawns in the Manning River upstream from Ghinni Ghinni Creek and Berady Creek if the net (including hauling lines) complies with the description set out in subclause (2) and the conditions set out in this clause are complied with.

(2)  The net must comply with the following description—

(a)  the total length of the net must not exceed 40 metres,

(b)  the mesh of the body of the net (or that part of the net not capable of being used as a codend) must not be less than 30 mm nor more than 36 mm,

(c)  the codend of the net, or that part of the net capable of being used as a codend, must have a length of not less than 2 metres and a circumference of not less than 1 metre nor more than 1.6 metres,

(d)  the mesh of the codend of the net, or that part of the net capable of being used as a codend, must be not less than 27 mm nor more than 32 mm, and be constructed of single twine knotless polyamide or polyethylene material not more than 2.5 mm in diameter, and hung on the bar so that the meshes are square shaped,

(e)  there is no string, rope, wire, cord, netting or other material fixed to the codend, except as permitted by subclauses (3) and (4),

(f)  the body of the net must have no attachments except spreader poles and hauling lines,

(g)  the hauling line run on the first leg to the net must not be longer than 220 metres,

(h)  the hauling line running from the net to the motor boat used to assist in shooting the net must not be longer than 90 metres, and not be shorter than 60 metres,

(i)  a marker buoy with a diameter of not less than 100 mm must be fixed to the hauling line at intervals of 55 metres.

(3)  A draw or closing string and a secondary string may be attached to the net in accordance with one of the following methods—

(a)  method 1: a frill or panel of diamond shaped mesh (not less than 30 mm nor more than 40 mm), used to facilitate the insertion of a draw or closing string, is attached to the codend within 3 bars of the last row of bars of the codend; the frill or panel is no greater than 15 meshes deep and a draw or closing string is inserted directly in the codend, or by means of a secondary string, within 3 bars of the end of the codend,

(b)  method 2: a frill or panel of diamond shaped mesh (not less than 30 mm nor more than 40 mm), used to facilitate the insertion of a draw or closing string, is attached to the codend; the frill or panel does not consist of a greater number of meshes in circumference than the number of bars in the circumference of the codend; and a draw or closing string is inserted directly in the frill, or by means of a secondary string, within 3 meshes of the point where the frill or panel is attached to the codend,

(c)  method 3: a draw or closing string is inserted directly into the codend, or by means of a secondary string, without a frill or panel of diamond shaped mesh.

(4)  A chain or weight may be attached to the last row of the meshes of the codend for the purpose of preventing tangling of the net while it is being used.

(5)  The net must be used only by the method of hauling, and must not be set or staked at any time.

(6)  The net must be shot and hauled as follows—

(a)  one end of the hauling line run on the first leg (first rope shot) to the net must be attached to a stationary boat that—

(i)  does not have a motor on or in it, and

(ii)  does not contain any rope other than the mooring line, the anchor line and a maximum of 220 metres of hauling line, and

(iii)  is secured by an anchor (with the length of the anchor line not exceeding 50 metres) in such a position that both the boat and the anchor are at least 10 metres from the water’s edge (regardless of the tide) during the entire hauling operation,

(b)  the line must then be cast (or laid out) from a motor boat, and the net then shot,

(c)  the second hauling line must then be cast (or laid out) from the motor boat as the boat moves in a circular path so as to return to a landing-up point near the shore end of the first hauling line,

(d)  the second hauling line must be attached to a point on the motor boat by the line’s extremity only (that is, one end must be attached to the net, and the other end secured to the boat to prevent loss of the line overboard),

(e)  the second hauling line must not be towed until all of it has been shot away free of tangles, knots or anything else which would effectively shorten it,

(f)  once the shooting of the first hauling line of the net has commenced, the two hauling lines of the net must not be shortened or manipulated in any way so as to alter the shape of the haul (other than as a necessary part of the process of landing the net),

(g)  once any part of the net other than the hauling line has been shot or cast, the shooting and hauling operation is to be continued without interruption or delay until the hauling lines have been removed from the water and the net landed in such depth of water, or onto the tray of the boat in such a way, as to enable any prohibited size class of fish in the net to escape.

(7), (8)    (Repealed)

(9)  The entire hauling operation must take place at least 10 metres from the water’s edge (regardless of the tide).

(10)  The hauling lines must not be towed by more than one boat at any stage in the hauling operation.

(11)  A crew that uses a net must not operate more than one mechanically powered boat in the Manning River.

(12)  A crew that uses a net must not operate a mechanically powered boat within 50 metres of another endorsement holder who is taking prawns from the Manning River, except as provided by subclause (13).

(13)  A crew may operate a mechanically powered boat within 50 metres of another crew that is taking prawns from the Dawson River for the purpose of passing the other crew. The crew passing must pass the other crew as quickly as possible and must not assist the other crew.

(14)  For the purposes of this Plan or any other instrument under the Act, a net described in this clause may be referred to as a prawn net (hauling) or a prawn net (hauling)—Manning River.

23 Prawn net (hauling): Wallis Lake

(1)  It is lawful for the holder of a prawning endorsement to use a hauling net for taking prawns in the waters specified in the Table to this clause if the net (including hauling lines) complies with the description set out in relation to those waters in that Table and the following conditions are complied with—

(a)  the net is used only by the method of hauling,

(b)  there is no string, rope, wire, cord, netting or other material fixed to the codend, except as permitted by subclauses (2) and (3).

(2)  A draw or closing string and a secondary string may be attached in accordance with one of the following methods—

(a)  method 1: a frill or panel of diamond shaped mesh (not less than 30 mm nor more than 40 mm), used to facilitate the insertion of a draw or closing string, is attached to the codend within 3 bars of the last row of bars of the codend; the frill or panel is no greater than 15 meshes deep and a draw or closing string is inserted directly in the codend, or by means of a secondary string, within 3 bars of the end of the codend,

(b)  method 2: a frill or panel of diamond shaped mesh (not less than 30 mm nor more than 40 mm), used to facilitate the insertion of a draw or closing string, is attached to the codend; the frill or panel does not consist of a greater number of meshes in circumference than the number of bars in the circumference of the codend; and a draw or closing string is inserted directly in the frill, or by means of a secondary string, within 3 meshes of the point where the frill or panel is attached to the codend,

(c)  method 3: a draw or closing string is inserted directly into the codend, or by means of a secondary string, without a frill or panel of diamond shaped mesh.

(3)  A chain or weight may be attached to the last row of the meshes of the codend for the purpose of preventing tangling of the net while it is being used.

(4)  The body of the net must have no attachments except spreader poles and hauling lines.

(5)  The net must be shot and hauled as follows—

(a)  the end of the hauling line first shot (or laid out) must be attached to a stationary boat that is secured by an anchor or post during the entire haul operation,

(b)  the line must then be shot (or laid out) from a motor boat, and the net then shot,

(c)  the second hauling line must then be shot (or laid out) from the motor boat as the boat moves in a circular path so as to return to the stationary boat from where the first hauling line was shot,

(d)  the second hauling line must be attached to a point on the motor boat by the line’s extremity only (that is, one end must be attached to the net, and the other end secured to the boat to prevent loss of the line overboard),

(e)  the second hauling line must not be towed until all of it has been shot away free of tangles, knots or anything else that would effectively shorten it,

(f)  once the shooting and hauling of the net have commenced, the operation must continue until the hauling lines have been removed from the water and the net landed in such depth of water, or onto the tray of the boat in such a way, as to enable any prohibited size class of fish taken in the net to escape,

(g)  once any prohibited size class of fish have been allowed to escape, the net must be fully removed from the water.

(6)  There must be no motor in or on the boat from which the net is operated, and the boat must not contain any rope other than the mooring line and a maximum of 200 metres of hauling rope.

(7), (8)    (Repealed)

(9)  For the purposes of this Plan or any other instrument under the Act, a net described in this clause may be referred to as a prawn net (hauling) or a prawn net (hauling)—Wallis Lake.

Table   Prawn net (hauling): Wallis Lake

1

(a)  Waters—Those parts of Wallis Lake known as Coolongolook and Wallingat Rivers upstream from a line across the river from a post marked FD8 due north of the eastern extremity of Junction Point, then due south to Junction Point, then generally south by the western foreshore of the Wallingat River to a post marked FD9, then extending across the Wallingat River on a bearing of 87 degrees to a jetty situated on the north-western foreshore of Lot 1, DP 589944. (b)  Description of net—Total length not exceeding 40 metres; mesh of the body of the net (or that part of the net not capable of being used as a codend) not less than 30 mm nor more than 36 mm; codend of net (or that part of the net capable of being used as a codend) not less than 2 metres in length with a circumference not less than 1 metre nor more than 1.6 metres; mesh throughout not less than 27 mm nor more than 32 mm, constructed of single twine knotless polyamide or polyethylene material not more than 2.5 mm in diameter, and hung on a bar so that the meshes are square shaped; hauling line run on the first leg to the net must not be longer than 200 metres; a marker buoy must be fixed to the hauling line every 50 metres along the line; the hauling line running from the net to the motor boat used to assist in shooting the net must not be longer than 50 metres.

2

(a)  Waters—That part of Wallis Lake known as the Wallamba River from a line drawn from the northern foreshore of the entrance of Muddy Creek to the eastern extremity of Hardy’s Point upstream to the Pacific Highway Road Bridge at Nabiac. (b)  Description of net—Total length not exceeding 40 metres; mesh of the body of the net (or that part of the net not capable of being used as a codend) not less than 30 mm nor more than 36 mm; codend of net (or that part of the net capable of being used as a codend) not less than 2 metres in length with a circumference not less than 1 metre nor more than 1.6 metres; mesh throughout not less than 27 mm nor more than 32 mm, constructed of single twine knotless polyamide or polyethylene material not more than 2.5 mm in diameter, and hung on a bar so that the meshes are square shaped; hauling line run on the first leg to the net must not be longer than 200 metres; a marker buoy must be fixed to the hauling line every 50 metres along the line; the hauling line running from the net to the motor boat used to assist in shooting the net must not be longer than 50 metres.

24 Prawn net (set pocket)

(1)  It is lawful for the holder of a prawning endorsement to use a prawn net for taking prawns in the waters specified in the Table to this clause if the net complies with the description set out in relation to those waters in that Table and the following conditions (in addition to those in subclause (3), if applicable) are complied with—

(a)  the net is used only by the method of setting,

(b)  hauling lines are not attached to the net,

(c)  the net must not be left unattended during the period it is set,

(d)  there is no string, rope, wire, cord, netting or other material fixed to the codend, except as permitted by subclause (2).

(2)  A draw or closing string may be attached to the net in accordance with one of the following methods—

(a)  method 1: (applicable if either a square shaped mesh codend or a diamond shaped mesh codend is used): a frill or panel of diamond shaped mesh (not less than 30 mm nor more than 40 mm), used to facilitate the insertion of a draw or closing string, is attached to the codend within 3 bars of the last row of bars of the codend; the frill or panel is no greater than 15 meshes deep and a draw or closing string is inserted directly in the codend, or by means of a secondary string, within 3 bars of the end of the codend,

(b)  method 2: (applicable only if a square shaped mesh codend is used): a frill or panel of diamond shaped mesh (not less than 30 mm nor more than 40 mm), used to facilitate the insertion of a draw or closing string, is attached to the codend; the frill or panel does not consist of a greater number of meshes in circumference than the number of bars in the circumference of the codend; and a draw or closing string is inserted directly in the frill, or by means of a secondary string, within 3 meshes of the point where the frill or panel is attached to the codend,

(c)  method 3: a draw or closing string is inserted directly into the codend, or by means of a secondary string, without a frill or panel of diamond shaped mesh.

(3)  If the net is used in the waters of the Clarence River, the following additional conditions must be complied with—

(a)    (Repealed)

(b)  the net must not be used except during the following periods—

(i)  on weekends during the dark (that is, the period commencing 3 days after a full moon and ending 3 days after the next new moon),

(ii)  from sunset to sunrise on weekdays between 1 August in any year and 31 May in the next year,

(iii)  from sunrise to sunset on weekdays between 1 December in any year and 31 May in the next year,

(c)  except in the area known as the South Arm Rocks—

(i)  the inside peg of the net must not be set further than 5 metres from low water mark, and

(ii)  all pegs used in connection with the net must be painted white and show at least 1 metre above high water mark,

(d)  the net must be kept clear of the water when it is not in use.

(4)  For the purposes of this clause, a square shaped mesh codend is a codend that complies with the following description—

(a)  the mesh of the codend is not less than 27 mm nor more than 32 mm, constructed of single twine knotless polyamide or polyethylene material not more than 2.5 mm in diameter and hung on the bar so that the meshes are square shaped,

(b)  the codend of the net is not less than 2 metres in length with a circumference of not less than 1 metre nor more than 1.6 metres.

(5)  For the purposes of this clause, a diamond shaped mesh codend is a codend that complies with the following description—

(a)  the mesh of the codend is not less than 32 mm nor more than 40 mm, constructed of single twine material not more than 2.5 mm in diameter and hung so that the meshes are diamond shaped,

(b)  the codend of the net does not consist of a greater amount of net in circumference than that part of the net immediately forward of the codend when stretched transversely.

(6)  For the purposes of this Plan or any other instrument under the Act, a net described in this clause may be referred to as a prawn net (set pocket).

Table   Prawn net (set pocket)

1	(a)  Waters—That part of the Myall Lakes (Myall River) from the junction of the Myall River with the Broadwater of the Myall Lakes downstream to the road bridge between Tea Gardens and Hawks Nest. (b)  Description of net—Total length not exceeding 20 metres; mesh of the body of the net (or that part of the net not capable of being used as a codend) not less than 30 mm nor more than 45 mm and constructed of single twine material; codend of the net (or that part of the net capable of being used as a codend) is either a square shaped mesh codend or a diamond shaped mesh codend.
2	(a)  Waters—Those parts of Wallis Lake included within the following boundaries— (i)  the whole of that part of Wollomba Channel in Wallis Lake within the following boundaries: commencing at the line of high water mark at the southern point of the entrance to Wollomba River, and bounded then by a straight line southerly to the northern shore of First Island at the southeastern foreshore corner of Oyster Farm No 77–3, by the northern shore of that island easterly to its extremity, and by a straight line southeasterly to the high water mark of the northern shore of Cockatoo Island (being a point about 180 metres southwesterly from the southeastern foreshore corner of Oyster Farm No 78–44), by the northern shore of that island generally easterly to the eastern foreshore corner of Oyster Farm No 74–138, then by a straight line northeasterly to the northern shore of Grassy Island at the most northerly southeastern foreshore boundary of Oyster Lease No 59–361, by the northern shore of that island easterly to its most eastern point, by a straight line north-northwesterly to the eastern extremity of Long Island, by the southern shore of that island generally westerly to its western extremity, by a straight line southwesterly to the eastern extremity of Sandy Island (such point being the most easterly foreshore corner of Oyster Farm No 74–24), by the southern shore of that island generally westerly to its most western point, and then by a straight line westerly to the point of commencement, (ii)  the whole of that part of Bulmer’s Channel in Wallis Lake within the following boundaries: commencing at the northeastern corner of Oyster Lease No 77–270 at the western end of Godwin Island, and bounded then by a straight line drawn west-northwesterly to the northeastern corner of Oyster Farm No 72–11 on Cockatoo Island, by the southern shore of that island generally westerly to its most western point, by a line southeasterly to the most eastern point of Northern Twin Island, by a line south-southwesterly to the most eastern foreshore corner of Oyster Farm No 76–112, by the southeastern shore of that island generally southwesterly to the most eastern foreshore corner of Oyster Farm No 68–31, by a straight line south-southwesterly to the high water mark of Wallis Island at the westerly prolongation of the northern boundary of Portion 206, Parish of Forster, by the high water mark of that island generally northeasterly and southeasterly to the southeastern foreshore corner of Oyster Farm No 71–360, section 1, and then by a line northeasterly to the point of commencement, (iii)  the whole of that part of Stockyard Channel in Wallis Lake within the following boundaries: commencing at the northeastern corner of Oyster Lease No 77–270 at the western end of Godwin Island, and bounded then by a straight line drawn southwesterly to the southeastern foreshore corner of Oyster Farm No 71–360, section 1, on Wallis Island, by the high water mark of that island generally southeasterly and southerly to the easterly prolongation of the southern boundary of Portion 221, Parish of Forster, by a straight line easterly to the most southerly corner of Oyster Farm No 73–253, by a straight line northeasterly to the southeastern foreshore corner of Oyster Farm No 73–216 on the southern end of Hadley Island, by the high water mark of that island generally northwesterly and northeasterly to its northern extremity, by a line northerly to the northeastern foreshore corner of Oyster Farm No 70–245 on the southern shore of Godwin Island, by the high water mark of that island generally westerly, northwesterly, southwesterly and northerly to the northeastern corner of Oyster Farm No 67–203, by a straight line westerly to the most western northeastern foreshore corner of Oyster Lease No 81–43, and again by the high water mark of Godwin Island generally southerly, westerly, northerly, southwesterly and northwesterly to the point of commencement.
	(b)  Description of net—Total length not exceeding 20 metres; mesh of the body of the net (or that part of the net not capable of being used as a codend) not less than 30 mm nor more than 45 mm and constructed of single twine material; codend of the net (or that part of the net capable of being used as a codend) is either a square shaped mesh codend or a diamond shaped mesh codend.
3	(a)  Waters—Those parts of Camden Haven River included within the following boundaries— (i)  the whole of that part of the Camden Haven River known as Queens Lake Entrance within the following boundaries: commencing at the northeastern corner of Oyster Farm No 81–179, and bounded then by a line northerly to the western bank of Queens Lake Entrance, by the western bank generally northwesterly to the western foreshore corner of Oyster Farm No 83–95, by a line southwesterly to the eastern foreshore corner of Oyster Farm No 67–6, by the foreshore generally southwesterly to the eastern foreshore corner of Oyster Farm No 70–198, by a line drawn northeasterly through the most westerly point of an island at the western entrance to Queens Lake Entrance, to the northern bank of Queens Lake Entrance, then easterly and southerly, following the eastern bank of Queens Lake Entrance generally southeasterly to a point east of the northeastern corner of Oyster Farm No 81–179, and then by a line to the point of commencement, (ii)  the whole of that part of the Camden Haven River known as Watson Taylor Lake within the following boundaries: commencing at the northern point of Benson Inlet, then north along the eastern shore of Watson Taylor Lake to the northwestern corner of Portion 150, Parish of Camden Haven, County of Macquarie, then westerly to the northeast corner of Portion 70, Parish of Camden Haven, County of Macquarie, then southwest along the shore of Camden Haven Inlet and Moore’s Island to the southwest tip of Moore’s Island, then southwest to the northern corner of Grassy Island to the island’s most southerly point, and then to the point of commencement. (b)  Description of net—Total length not exceeding 20 metres; mesh of the body of the net (or that part of the net not capable of being used as a codend) not less than 30 mm nor more than 45 mm and constructed of single twine material; codend of the net (or that part of the net capable of being used as a codend) is either a square shaped mesh codend or a diamond shaped mesh codend.
4	(a)  Waters—That part of Tuggerah Lakes from its confluence with the South Pacific Ocean upstream to a line drawn from the boat ramp on Marine Parade north to the southernmost corner of the carpark adjacent to the Karagi Point reserve. (b)  Description of net—Total length not exceeding 5 metres; mesh of the body of the net (or that part of the net not capable of being used as a codend) not less than 30 mm nor more than 45 mm and constructed of single twine material; codend of the net (or that part of the net capable of being used as a codend) is either a square shaped mesh codend or a diamond shaped mesh codend.
5	(a)  Waters—That part of Lake Illawarra from its confluence with the South Pacific Ocean upstream to a line drawn from the boat ramp adjacent to Reddall Parade opposite Ocean Street north to the western extremity of the northern breakwater (that is, training wall). (b)  Description of net—Total length not exceeding 5 metres; mesh of the body of the net (or that part of the net not capable of being used as a codend) not less than 30 mm nor more than 45 mm and constructed of single twine material; codend of the net (or that part of the net capable of being used as a codend) is either a square shaped mesh codend or a diamond shaped mesh codend.
6	(a)  Waters—That part of Lake Cathie (Lake Innes) known as Cathie Creek from a line drawn from the southern bank of Cowarra Creek across Cathie Creek to the eastern foreshore upstream to a line drawn across Lake Innes 200 metres north from the confluence of Cathie Creek and Lake Innes (also known as “the Drain”). (b)  Description of net—Total length not exceeding 10 metres; maximum distance from a point on the cork line or head line that is in the centre of the bunt to the draw or closing string: 10 metres; mesh of the body of the net (or that part of the net not capable of being used as a codend) not less than 30 mm nor more than 45 mm and constructed of single twine material; codend of the net (or that part of the net capable of being used as a codend) is either a square shaped mesh codend or a diamond shaped mesh codend.
7	(a)  Waters—That part of Lake Cathie (Lake Innes) known as Lake Innes generally north and west of a line drawn across Lake Innes 200 metres from the confluence of Cathie Creek and Lake Innes. (b)  Description of net—Total length not exceeding 70 metres; length of each wing not exceeding 30 metres; wings of net to be set at such an angle that the distance between the ends of the net (that is, end hangings) measured in a straight line does not exceed 50 metres; maximum distance from a point on the cork line or head line that is in the centre of the bunt to the draw or closing string: 10 metres; mesh of the body of the net (or that part of the net not capable of being used as a codend) not less than 30 mm nor more than 45 mm and constructed of single twine material; codend of the net (or that part of the net capable of being used as a codend) is either a square shaped mesh codend or a diamond shaped mesh codend.
8	(a)  Waters—That part of the Clarence River known as the whole of the main arm of the Clarence River seawards of the Ulmarra Ferry Crossing. (b)  Description of net—Total length not exceeding 20 metres; mesh of the body of the net (or that part of the net not capable of being used as a codend) not less than 30 mm nor more than 45 mm and constructed of single twine material; codend of the net (or that part of the net capable of being used as a codend) is either a square shaped mesh codend or a diamond shaped mesh codend.
9	(a)  Waters—That part of Tuggerah Lakes known as the inlet cooling water canal to Munmorah Power Station (Tuggerah Lakes). (b)  Description of net—Total length not exceeding 20 metres nor less than 18 metres; mesh of the body of the net (or that part of the net not capable of being used as a codend) not less than 30 mm nor more than 45 mm and constructed of single twine material; codend of the net (or that part of the net capable of being used as a codend) is either a square shaped mesh codend or a diamond shaped mesh codend.
10	(a)  Waters—Smiths Lake. (b)  Description of net—Total length not exceeding 63 metres; maximum distance from a point on cork line or head line that is in the centre of the bunt to the draw or closing string: 9 metres; mesh of the body of the net (or that part of the net not capable of being used as a codend) not less than 30 mm nor more than 45 mm and constructed of single twine material; codend of the net (or that part of the net capable of being used as a codend) is either a square shaped mesh codend or a diamond shaped mesh codend; wings of net to be set at such an angle that the distance between the ends of the net (that is, end hangings) measured in a straight line does not exceed 45 metres.

25 Prawn running net

(1)  It is lawful for the holder of a prawning endorsement to use a running net for taking prawns in the waters specified in the Table to this clause if the net complies with the description set out in relation to those waters in that Table and the following conditions are complied with—

(a)  if the net is not staked, the net is used only by the method of casting or shooting the net and picking up and landing the whole of the net into a boat in the manner known as “running the net” within 1 hour of the commencement of the casting or shooting,

(b)  in the case of a net that is being used for taking prawns in the waters of Lake Illawarra—

(i)    (Repealed)

(ii)  the net must not be operated by, or with the assistance of, any commercial fisher who is also operating, or assisting in the operation of, any other such net, and

(iii)  the net must not be staked (that is, the net must be used only by the method referred to in paragraph (a)),

(c)  in the case of a staked net—

(i)  the net is not set earlier than 1 hour before sunset, and

(ii)  the net is not set within 10 metres of the high water mark, and

(iii)  no stakes are left in the water in the period between sunrise and 1 hour before sunset.

(2)  It is also lawful to use a running net to take other permitted species of fish (other than a prohibited size class of fish) that are taken by the net when it is being lawfully used for taking prawns.

(3)  For the purposes of this Plan or any other instrument under the Act, a net described in this clause may be referred to as a prawn running net.

Table   Prawn running net

1	(a)  Waters—Wallaga Lake, Cuttagee Lake, Middle Lake (Bega), Lake Wollumboola, Swan Lake, Coila Lake, Corunna Lake, Tilba Tilba Lake and Lake Brou. (b)  Description of net—Total length not exceeding 75 metres; mesh throughout not less than 25 mm nor more than 36 mm.
2	(a)  Waters—Tuggerah Lakes and Lake Illawarra. (b)  Description of net—Total length not exceeding 140 metres; mesh throughout not less than 25 mm nor more than 36 mm.

26 Seine net (prawns)

(1)  It is lawful for the holder of a prawning endorsement to use a seine net for taking prawns in the waters specified in the Table to this clause if the net (including hauling lines) complies with the description set out in relation to those waters in that Table and the following conditions are complied with—

(a)  the net is cast or shot in the following manner—

(i)  a hauling line (to the end of which is attached a float or basket with a marker buoy affixed) is cast or shot from a boat,

(ii)  that hauling line, the net and a second hauling line is then cast or shot from the boat as it moves in a circular direction resulting in the boat returning to the marker buoy,

(b)  the net is hauled back on to a boat in such a way that both hauling lines are hauled to the same spot on the boat so as to avoid any trawling action,

(c)  the hauling in of the net, once commenced, is to continue uninterrupted until all portions of the net, including the hauling lines, have been removed from the water,

(d)  there is no prawn net (hauling) on the boat from which the net is used,

(e)  there is no string, rope, wire, cord, netting or other material fixed to the codend, except as permitted by subclauses (2) and (3).

(2)  A draw or closing string and a secondary string may be attached to the net in accordance with one of the following methods—

(a)  method 1: a frill or panel of diamond shaped mesh (not less than 30 mm nor more than 40 mm), used to facilitate the insertion of a draw or closing string, is attached to the codend within 3 bars of the last row of bars of the codend; the frill or panel is no greater than 15 meshes deep and a draw or closing string is inserted directly in the codend, or by means of a secondary string, within 3 bars of the end of the codend,

(b)  method 2: a frill or panel of diamond shaped mesh (not less than 30 mm nor more than 40 mm), used to facilitate the insertion of a draw or closing string, is attached to the codend; the frill or panel does not consist of a greater number of meshes in circumference than the number of bars in the circumference of the codend; and a draw or closing string is inserted directly in the frill, or by means of a secondary string, within 3 meshes of the point where the frill or panel is attached to the codend,

(c)  method 3: a draw or closing string is inserted directly into the codend, or by means of a secondary string, without a frill or panel of diamond shaped mesh.

(3)  A chain or weight may be attached to the last row of the meshes of the codend for the purpose of preventing tangling of the net while it is being used.

(4)  It is also lawful to use a try net in the waters specified in the Table to this clause to facilitate the taking of prawns by the means of a seine net (prawns) if the try net complies with the following description—

The net is attached to a frame not exceeding 0.6 metre in width and 0.5 metre in height, with a total length from the centre of the frame to the extremity of the net not exceeding 2 metres; mesh not less than 27 mm nor more than 32 mm, constructed of single twine knotless polyamide or polyethylene material not more than 2.5 mm in diameter, and hung on the bar so that the meshes are square shaped.

(5)  For the purposes of this Plan or any other instrument under the Act, a net described—

(a)  in subclause (1) or in the Table to this clause may be referred to as a seine net (prawns), and

(b)  in subclause (4) may be referred to as a try net (prawns).

Table   Seine net (prawns)

1	(a)  Waters—Lake Illawarra. (b)  Description of net—Total length not exceeding 140 metres; mesh of the body of the net (or that part of the net not capable of being used as a codend) not less than 30 mm nor more than 36 mm; mesh of codend of net (or portion of net capable of being used as a codend) not less than 27 mm nor more than 32 mm, hung on the bar (square shaped), made of knotless polyamide or polyethylene mesh with a twine diameter not more than 2.5 mm; length of codend (or portion of net capable of being used as a codend) not less than 2 metres and circumference not less than 1 metre nor more than 1.6 metres; length of each hauling line not exceeding 220 metres.
2	(a)  Waters—Tuggerah Lakes. (b)  Description of net—Total length not exceeding 140 metres; mesh of the body of the net (or that part of the net not capable of being used as a codend) not less than 30 mm nor more than 36 mm; mesh of codend of net (or portion of net capable of being used as a codend) not less than 27 mm nor more than 32 mm, hung on the bar (square shaped), made of knotless polyamide or polyethylene mesh with a twine diameter not more than 2.5 mm; length of codend (or portion of net capable of being used as a codend) not less than 2 metres and circumference not less than 1 metre nor more than 1.6 metres; length of each hauling line not exceeding 140 metres.
3	(a)  Waters—Those parts of Camden Haven River known as Queens Lake and Watson Taylor Lake. (b)  Description of net—Total length not exceeding 140 metres; mesh of the body of the net (or that part of the net not capable of being used as a codend) not less than 30 mm nor more than 36 mm; mesh of codend of net (or portion of net capable of being used as a codend) not less than 27 mm nor more than 32 mm, hung on the bar (square shaped), made of knotless polyamide or polyethylene mesh with a twine diameter not more than 2.5 mm; length of codend (or portion of net capable of being used as a codend) not less than 2 metres and circumference not less than 1 metre nor more than 1.6 metres; length of each hauling line not exceeding 140 metres.
4	(a)  Waters—That part of Wallis Lake covering an area south and east of the following boundaries: commencing at the southeastern corner of Portion 71, Parish of Forster, then by a line southwesterly to the most southeastern point of Wallis Island, then along the western foreshore of Wallis Island to a point directly east of the most easterly point of Regatta Island, then west to that point (Fisheries Division BM 18), then by the eastern foreshore of Regatta Island to the most northeasterly point of that island, then north to the most easterly point of Bandicoot Island (Fisheries Division BM 23), then west along Bandicoot Island to the most northwestern point on that island, then north by a line drawn to the northern bank of Wallis Lake (Fisheries Division BM 24), then west along the northern bank of Wallis Lake to the entrance of the Coolongolook River, then west along the northern foreshore of the Coolongolook River to a point marked by a white post due north of the eastern extremity of Junction Point, then due south from that post to the eastern extremity of Junction Point, then extending across the Wallingat River on a bearing of 175 degrees to the northern foreshore corner of the jetty situated on the northwestern foreshore of Portion 66, Parish of Wallingat (and excluding all other waters of the Wallingat River). (b)  Description of net—Total length not exceeding 140 metres; mesh of the body of the net (or that part of the net not capable of being used as a codend) not less than 30 mm nor more than 36 mm; mesh of codend of net (or portion of net capable of being used as a codend) not less than 27 mm nor more than 32 mm, hung on the bar (square shaped), made of knotless polyamide or polyethylene mesh with a twine diameter not more than 2.5 mm; length of codend (or portion of net capable of being used as a codend) not less than 2 metres and circumference not less than 1 metre nor more than 1.6 metres; length of each hauling line not exceeding 140 metres.
5	(a)  Waters—That part of Smiths Lake west of a line drawn from Bull Island to the westernmost point of Sandbar Beach Caravan Park and continued to the entrance of the Lagoon in Symes Bay. (b)  Description of net—Total length not exceeding 140 metres; mesh of the body of the net (or that part of the net not capable of being used as a codend) not less than 30 mm nor more than 36 mm; mesh of codend of net (or portion of net capable of being used as a codend) not less than 27 mm nor more than 32 mm, hung on the bar (square shaped), made of knotless polyamide or polyethylene mesh with a twine diameter not more than 2.5 mm; length of codend (or portion of net capable of being used as a codend) not less than 2 metres and circumference not less than 1 metre nor more than 1.6 metres; length of each hauling line not exceeding 140 metres.
6	(a)  Waters—The whole of the Macleay River extending from the Jerseyville Bridge upstream to the Kempsey Railway Bridge. (b)  Description of net—Total length not exceeding 140 metres; mesh of the body of the net (or that part of the net not capable of being used as a codend) not less than 30 mm nor more than 36 mm; mesh of codend of net (or portion of net capable of being used as a codend) not less than 27 mm nor more than 32 mm, hung on the bar (square shaped), made of knotless polyamide or polyethylene mesh with a twine diameter not more than 2.5 mm; length of codend (or portion of net capable of being used as a codend) not less than 2 metres and circumference not less than 1 metre nor more than 1.6 metres; length of each hauling line not exceeding 140 metres.

27 Seine net (prawns): clover leafing

(1)  It is lawful for the holder of a prawning endorsement to use a seine net for taking prawns in the waters specified in the Table to this clause if the net (including hauling lines) complies with the description set out in relation to those waters in that Table, the net is used in the manner described in subclause (4) and the following conditions are complied with—

(a)    (Repealed)

(b)  the net is used only between sunset and sunrise,

(c)  there is no string, rope, wire, cord, netting or other material fixed to the codend, except as permitted by subclauses (2) and (3).

(2)  A draw or closing string and a secondary string may be attached to the net in accordance with one of the following methods—

(a)  method 1: a frill or panel of diamond shaped mesh (not less than 30 mm nor more than 40 mm), used to facilitate the insertion of a draw or closing string, is attached to the codend within 3 bars of the last row of bars of the codend; the frill or panel is no greater than 15 meshes deep and a draw or closing string is inserted directly in the codend, or by means of a secondary string, within 3 bars of the end of the codend,

(b)  method 2: a frill or panel of diamond shaped mesh (not less than 30 mm nor more than 40 mm), used to facilitate the insertion of a draw or closing string, is attached to the codend; the frill or panel does not consist of a greater number of meshes in circumference than the number of bars in the circumference of the codend; and a draw or closing string is inserted directly in the frill, or by means of a secondary string, within 3 meshes of the point where the frill or panel is attached to the codend,

(c)  method 3: a draw or closing string is inserted directly into the codend, or by means of a secondary string, without a frill or panel of diamond shaped mesh.

(3)  A chain or weight may be attached to the last row of the meshes of the codend for the purpose of preventing tangling of the net while it is being used.

(4)  The net must be used in the following manner—

(a)  a hauling line is cast or shot from a boat,

(b)  that hauling line, the net and a second hauling line are then cast or shot from the boat as it moves in a circular direction resulting in the boat returning to the marker buoy,

(c)  both hauling lines are attached to the boat at one point (so as to avoid any trawling action) and the boat is then moved only so far as to bring the end of both wings together,

(d)  one hauling line is cast from the boat while the other hauling line remains attached to the boat and the net is re-spread,

(e)  the attached hauling line is cast from the boat and the boat then returns to the first hauling line where it is re-attached to the boat,

(f)  the boat returns to the second hauling line that is then attached to the boat so that both hauling lines are attached,

(g)  the steps outlined in paragraphs (c)–(f) may then be repeated on a continuous basis,

(h)  when use of the net is completed, or is interrupted—

(i)  the net must be hauled back on to the boat in such a way that both hauling lines are hauled to the same spot on the boat so as to avoid any trawling action, and

(ii)  all portions of the net, including the hauling lines, must be removed from the water.

(5)  It is also lawful to use a try net in the waters specified in the Table to this clause to facilitate the taking of prawns by the means of a seine net (prawns) if the try net complies with the following description—

The net is attached to a frame not exceeding 0.6 metre in width and 0.5 metre in height, with a total length from the centre of the frame to the extremity of the net not exceeding 2 metres; mesh not less than 27 mm nor more than 32 mm, constructed of single twine knotless polyamide or polyethylene material not more than 2.5 mm in diameter, and hung on the bar so that the meshes are square shaped.

(6)  For the purposes of this Plan or any other instrument under the Act, a net described—

(a)  in subclause (1) or in the Table to this clause may be referred to as a seine net (prawns) or a seine net (prawns)—clover leafing, and

(b)  in subclause (5) may be referred to as a try net (prawns).

Table   Seine net (prawns): clover leafing

1

(a)  Waters—Those parts of Wallis Lake north of a line drawn from the eastern extremity of Brushy Point to the western extremity of Booti Booti Point, and south of a line drawn from the southern bank of the entrance to Freshwater Creek located on the western shore of Wallis Lake (near 32°16.838′S 152°27.361′E) north east to the south eastern extremity of Yahoo Island (near 32°14.857′S 152°30.122′E), then along the mean high water mark on the eastern shore of Yahoo Island to the north eastern extremity of Yahoo Island (near 32°14.392′S 152°30.067′E), then north east to the southern bank of the entrance to Dunns Creek located on the eastern shore of Wallis Lake near Piper’s Bay (near 32°13.532′S 152°31.915′E). (b)  Description of net—Total length not exceeding 140 metres; mesh of the body of the net (or that part of the net not capable of being used as a codend) not less than 30 mm nor more than 36 mm; mesh of codend of net (or portion of net capable of being used as a codend) not less than 27 mm nor more than 32 mm, hung on the bar (square shaped), made of knotless polyamide or polyethylene mesh with a twine diameter not more than 2.5 mm; length of codend (or portion of net capable of being used as a codend) not less than 2 metres and circumference not less than 1 metre nor more than 1.6 metres; length of each hauling line not exceeding 140 metres; float with a single white light attached to the end of each hauling line.

28 Meshing net

(1)  It is lawful for the holder of a meshing endorsement to use a meshing net for taking permitted species of fish 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 conditions set out in this clause are complied with.

(2)  The net must be used—

(a)  by the method of splashing (that is, shooting the net, immediately splashing and retrieving it as a continuous operation) at any time, or

(b)  as a set net, but only—

(i)  from 1 February to 30 November in any year, and

(ii)  between sunset and sunrise, and

(iii)  for no more than 3 hours at a time.

(3)  The 3 hour time limit referred to in subclause (2) (b) (iii) (the 3-hour limit) does not apply—

(a)  from 1 June to 31 August in any year in the waters of regions 1, 2 and 3, and

(b)  from 1 June to 30 September in any year in the waters of regions 4, 5, 6 and 7.

(4)  If used as a set net, the net must not be set until on or after sunset and it must be retrieved, or be in the process of being retrieved, by the relevant deadline. If more than one net has been set by an endorsement holder, all nets must have been retrieved by the relevant deadline. Alternatively, all nets, but one, must have been retrieved by the relevant deadline and the last one must be in the process of being retrieved.

(5)  For the purpose of subclause (4), the relevant deadline is sunrise or, if the 3-hour limit applies, the end of the 3-hour limit (whichever occurs first).

(6)  During any period in which the 3-hour limit does not apply, no more than 3 meshing nets may be set by the endorsement holder at any one time in excess of 3 hours and the combined total length of all nets set in excess of 3 hours must not exceed the maximum total length for an individual net, as set out in the Table to this clause.

(7)  If the net is set by an endorsement holder in excess of 3 hours and in combination with, or in the same waters as, a flathead net being used by the endorsement holder, the combined total length of the nets must not exceed 1,450 metres.

(8)  Both ends of a set net must be marked on the surface of the water by a white buoy that—

(a)  is moored so as to be positioned above the end of the net, and

(b)  measures not less than 100 mm in all dimensions, and

(c)  has a height above the water of not less than 50 mm, and

(d)  is moored in such a way that no rope is floating on the surface of the water, and

(e)  displays the relevant fishing business number followed by the letter “M”, in clearly visible letters and figures that are not less than 50 mm in height and are of a colour that contrasts with that of the buoy.

(9)  If the net is used in any part of the Clarence River an alternative method of splashing (that is, shooting the net in a ring or semi-circle, remaining in attendance of the net while it is set and commencing retrieval of the net within 45 minutes of the net being shot) may be used instead of the method described in subclause (2) (a). To avoid doubt, subclauses (2) (b) and (3)–(8) do not apply when the net is being used by that alternative method of splashing.

(10)  The nets may be joined (despite Part 5B of the Supporting Plan) when used in the Clarence River, but only if no more than 2 nets are joined and the combined length of the nets when joined does not exceed the maximum total length specified in the Table to this clause.

(11)  If lawfully joined, meshing nets used in the Clarence River must be operated from no fewer than 2 boats, by no fewer than 2 commercial fishers who hold meshing endorsements for the region concerned, and only by the methods of splashing permitted by this clause.

(12)  For the purposes of this Plan or any other instrument under the Act, a net described in this clause may be referred to as a meshing net.

Table   Meshing net

1	(a)  Waters—Those parts of the Clarence River known as Lake Wooloweyah and the Broadwater. (b)  Description of net—Total length not exceeding 1,450 metres; mesh throughout not less than 95 mm when the net is used as a set net in excess of 3 hours and 80 mm in any other case.
2	(a)  Waters—All other waters specified in the Table to clause 4. (b)  Description of net—Total length not exceeding 1,450 metres when two nets are joined and 725 metres in any other case; mesh throughout not less than 95 mm when the net is used as a set net in excess of 3 hours and 80 mm in any other case.

29 Flathead net

(1)  It is lawful for the holder of a meshing endorsement to use a flathead net for taking permitted species of fish in the waters specified in the Table to this clause if the net complies with the description set out in relation to those waters in that Table and the following conditions are complied with—

(a)  in the case of a net being used in Lake Illawarra—the net is used only to take flathead and blue swimmer crab,

(b)  in the case of a net being used in Tuggerah Lakes, Wallis Lake or Smiths Lake—the net is not used to take sand whiting or bream,

(c)  the net is used only by the method of meshing,

(d)  the net is not used in Lake Illawarra for any period from 1 September in any year to 31 May in the following year or for a period exceeding 6 hours between sunrise and sunset from 1 June to 31 August in any year,

(e)  the net is not used in Tuggerah Lakes, Wallis Lake or Smiths Lake for any period from 1 December in any year to 28 February in the following year or between sunrise and sunset during any other period,

(f)  the net is not used in such a manner as causes—

(i)  the lead line to be raised from the bed of the estuary, or

(ii)  the corks, floats, cork line or float line to be raised above the lead line for a distance greater than 0.8 metre, or

(iii)  the corks, floats, cork line or float line not to be completely submerged,

(g)  if the net is set after sunset—

(i)  it must be retrieved, or be in the process of being retrieved, by sunrise, and

(ii)  if more than one net has been set by an endorsement holder, all nets must have been retrieved by sunrise or all nets, but one, must have been retrieved by sunrise and the last one must be in the process of being retrieved,

(h)  if the net is used after sunset by an endorsement holder in combination with, or in the same waters as, a meshing net being used as a set net by the person in excess of 3 hours, the combined total length of the nets must not exceed 1,450 metres,

(i)  both ends of a set net must be marked on the surface of the water by a white buoy that—

(i)  is moored so as to be positioned above the end of the net, and

(ii)  measures not less than 100 mm in all dimensions, and

(iii)  has a height above the water of not less than 50 mm, and

(iv)  is moored in such a way that no rope is floating on the surface of the water, and

(v)  displays the relevant fishing business number followed by the letter “F”, in clearly visible letters and figures that are not less than 50 mm in height and are of a colour that contrasts with that of the buoy,

(j)  no more than 2 nets may be used by an endorsement holder at any one time and, if more than one net is used at any one time, the combined total length of the nets must not exceed twice the total length permitted for one net when used in those waters (as set out in the Table to this clause).

(2)  For the purposes of this Plan or any other instrument under the Act, a net described in this clause may be referred to as a flathead net.

Table   Flathead net

1

(a)  Waters—Tuggerah Lakes, Lake Illawarra, and those parts of Wallis Lake included within the following boundaries: the whole of the waters of that part of Wallis Lake south of lines drawn from Fisheries Division Mark 21 to the westernmost southwestern foreshore corner of Oyster Farm No 56.144, from the foreshore or western end of the airport wharf on the northeastern corner of Wallis Island to Fisheries Division Mark 4 and from Fisheries Division Mark 4 to the eastern entrance to Tony’s Creek on Hadley Island. (b)  Description of net—Total length not exceeding 725 metres; depth of net not exceeding 16 meshes; mesh throughout not less than 80 mm; any cork or float forming part of the net must not exceed 61 mm in length or 36 mm in width and must not be nearer than 3.5 metres to any other cork or float when measured along the cork line of the net.

2

(a)  Waters—Smiths Lake. (b)  Description of net—Total length not exceeding 375 metres; depth of net not exceeding 16 meshes; mesh throughout not less than 80 mm; any cork or float forming part of the net must not exceed 61 mm in length or 36 mm in width and must not be nearer than 3.5 metres to any other cork or float when measured along the cork line of the net.

30 Bait net

(1)  It is lawful for the holder of a category one hauling endorsement or a category two hauling endorsement to use a bait net for taking any permitted species of fish (other than prawns or any prohibited size class of fish) in the waters specified in the Table to this clause if the net (including hauling lines) complies with the description set out in relation to those waters in that Table and the net is used only between sunrise and sunset on any day.

(2)    (Repealed)

(3)  For the purposes of this Plan or any other instrument under the Act, a net described in this clause may be referred to as a bait net.

Table   Bait net

1

(a)  Waters—That part of the Macleay River within a line drawn from its confluence with the South Pacific Ocean upwards to the Jerseyville Road Bridge, excluding Spencer’s Creek and Delaney’s Creek. (b)  Description of net—Total length of net not exceeding 25 metres; mesh throughout not less than 13 mm nor more than 25 mm; length of each hauling line not exceeding 20 metres.

31 Pilchard, anchovy and bait net (hauling)

(1)  It is lawful for the holder of a category one hauling endorsement to use a hauling net for taking Australian sardines, Australian anchovies and whitebait spp. in the waters specified in the Table to this clause if the net (including hauling lines) complies with the description set out in relation to those waters in that Table and the following conditions are complied with—

(a)  the net is used only by the method of hauling,

(b)  the net is not used on weekends or public holidays.

(2)    (Repealed)

(3)  For the purposes of this Plan or any other instrument under the Act, a net described in this clause may be referred to as a pilchard, anchovy and bait net (hauling) or a pilchard, anchovy and bait net (hauling)—estuary general fishery.

(4)  In this clause—

public holiday means a day that is observed as a public holiday throughout New South Wales.

weekend means the period between midnight on a Friday and midnight on the immediately following Sunday.

Table   Pilchard, anchovy and bait net (hauling)

1

(a)  Waters—That part of the Hawkesbury River from its confluence with the South Pacific Ocean upstream to a line drawn from Little Box Head to Green Point and a line drawn between Juno Point and Challenger Head. (b)  Description of net—Total length (excluding hauling lines) not exceeding 200 metres; total length of hauling lines not exceeding 250 metres; no rings or other devices attached to net (including on lead line) that facilitate the pursing of the net, mesh throughout not less than 11 mm.

31A (Repealed)

31B Hand-hauled prawn net

(1)  It is lawful for the holder of a prawning endorsement 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 relation to those waters 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 to use a hand-hauled net to take other fish (other than a prohibited size class of fish) that are taken by the net when it is being lawfully used for taking prawns.

(3)  For the purposes of this Plan or any other instrument under the Act, a net described in this clause may be referred to as a hand-hauled prawn net or a hand-hauled prawn net—estuary general fishery.

Table   Hand-hauled prawn net

1	(a)  Waters—All waters specified in the Table to clause 4. (b)  Description of net—Total length not exceeding 6 metres; mesh throughout not less than 30 mm nor more than 36 mm.

31C Push or scissors net (prawns)

(1)  It is lawful for the holder of a prawning endorsement 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 relation to those waters 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), (d)    (Repealed)

(2)  It is also lawful to use a push or scissors net to take other fish (other than a prohibited size class of fish) that are taken by the net when it is being lawfully used for taking prawns.

(3)  For the purposes of this Plan or any other instrument under the Act, a net described in this clause may be referred to as a push or scissors net (prawns) or a push or scissors net (prawns)—estuary general fishery.

Table   Push or scissors net (prawns)

1	(a)  Waters—All waters specified in the Table to clause 4. (b)  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.

31D Dip or scoop net (prawns)

(1)  It is lawful for the holder of a prawning endorsement 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 relation to those waters in that Table and the net is used as a hand implement only and not staked or set, or joined or placed together with any other net.

(2)    (Repealed)

(3)  For the purposes of this Plan or any other instrument under the Act, a net described in this clause may be referred to as a dip or scoop net (prawns) or a dip or scoop net (prawns)—estuary general fishery.

Table   Dip or scoop net (prawns)

1

(a)  Waters—All waters specified in the Table to clause 4. (b)  Description of net—Net attached to a frame, hoop or ring not exceeding 0.6 metre in its greatest diameter, with a handle of not more than 1.2 metres in length, 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.

31E Crab trap

(1)  It is lawful for the holder of a mud crab trapping endorsement 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 relation to those waters in that Table and the following conditions are complied with—

(a)  the crab trap is not set or used unless its position is indicated by a buoy that—

(i)  is moored so as to be positioned above the trap, and

(ii)  measures not less than 100 mm in all dimensions, and

(iii)  has a height above the water of not less than 50 mm, and

(iv)  is moored in such a way that no rope is floating on the surface of the water, and

(v)  displays the relevant fishing business number followed by the letter “C”, in clearly visible letters and figures that are not less than 50 mm in height and are of a colour that contrasts with that of the buoy,

(b)  the crab trap is not set or 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)  the crab trap is not made of entanglement material.

(d), (e)    (Repealed)

(2)  It is also lawful to use a crab trap for taking any other permitted species of fish that are taken by the trap when it is being lawfully used for taking mud crabs.

(3)  For the purposes of this Plan or any other instrument under the Act, a trap described in this clause may be referred to as a crab trap or a commercial crab trap.

Table   Crab trap

1

(a)  Waters—All waters specified in the Table to clause 4. (b)  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).

31F Eel trap

(1)  It is lawful for the holder of an eel trapping endorsement to use an eel trap for taking eels in the waters specified in the Table to this clause if the trap complies with the description as set out in relation to those waters in that Table and the eel trap is not set or used unless its position is indicated by a buoy that—

(a)  is moored so as to be positioned above the trap, and

(b)  measures not less than 100 mm in all dimensions, and

(c)  has a height above the water of not less than 50 mm, and

(d)  is moored in such a way that no rope is floating on the surface of the water, and

(e)  displays the relevant fishing business number followed by the letter “E”, in clearly visible letters and figures that are not less than 50 mm in height and are of a colour that contrasts with that of the buoy.

(2)  It is also lawful for the trap (or each trap if more than one trap is used) to be fitted with a bycatch reduction device of a kind approved by the Secretary for use in the waters in which the trap is used, if that device is fitted in accordance with any specifications approved by the Secretary and published in the Gazette.

(3)  For the purposes of this Plan or any other instrument under the Act, a trap referred to in this clause may be referred to as an eel trap or an eel trap—estuary general fishery.

Table   Eel trap

1

(a)  Waters—All waters specified in the Table to clause 4. (b)  Description of trap— (i)  total length not exceeding 4 metres; rigid trap or trap frame not exceeding 2 metres in length, 0.5 metre in width and 0.5 metre in depth; optional fibre based netting codend no less than 1 metre in length; mesh not less than 20 mm diagonal nor more than 50 mm diagonal; a maximum of 2 entrance funnels, each fitted with a fixed rigid ring with an internal diameter not exceeding 100 mm, or (ii)  total length not exceeding 2 metres, rigid trap or trap frame not exceeding 1 metre in length, 1 metre in width and 0.5 metre in depth; optional fibre based netting codend no less than 0.5 metre in length but no greater than 1 metre in length; mesh not less than 20 mm diagonal nor more than 50 mm diagonal; a maximum of two entrance funnels, each fitted with a fixed rigid ring with an internal diameter not exceeding 100 mm.

32 Fish trap

(1)  It is lawful for the holder of a trapping endorsement to use a trap for taking fish (other than rock lobsters and eels) in the waters specified in the Table to this clause if the trap complies with the description set out in relation to those waters in that Table and the following conditions are complied with—

(a)  the fish trap is not used unless its position is indicated by a buoy that—

(i)  is moored so as to be positioned above the trap, and

(ii)  measures not less than 100 mm in all dimensions, and

(iii)  has a height above the water of not less than 50 mm, and

(iv)  is moored in such a way that no rope is floating on the surface of the water, and

(v)  displays the relevant fishing business number followed by the letter “F”, in clearly visible letters and figures that are not less than 50 mm in height and are of a colour that contrasts with that of the buoy,

(b)  the trap is not used in such a manner as to impede the free passage of fish on either or any side of the trap or in such a manner that any 2 traps are closer than 5 metres apart,

(c)  the trap is not used unless it is secured or weighted so that the trap rests on the bed of the estuary.

(d)    (Repealed)

(2)  For the purposes of this Plan or any other instrument under the Act, a trap referred to in this clause may be referred to as a fish trap or a fish trap (estuary general fishery).

(3)    (Repealed)

Table   Fish trap

1

(a)  Waters—All waters specified in the Table to clause 4. (b)  Description of trap—Not exceeding 2 metres in length, 1.5 metres in width and 1 metre in depth; consisting of mesh that measures not less than 50 mm from one plain wire to the opposite plain wire; an entrance funnel or funnels other than in the top; at least 1 panel in a side or the top of not less than 30 cm long and 30 cm wide consisting of galvanised wire.

33 Use of set lines

(1)  The holder of a handline endorsement must not for the purpose of taking fish in the fishery—

(a)  use more than 10 set lines, or

(b)  use any set line with more than 6 hooks attached.

Note—

Under section 4 (1) of the Act, to “take” fish includes to attempt to do so.

(1A)  An endorsement holder must not, for the purpose of taking fish in the fishery, use a set line unless its position is identified by a buoy that—

(a)  is moored so as to be positioned above the set line, and

(b)  measures not less than 100 mm in all dimensions, and

(c)  has a height above the water of not less than 50 mm, and

(d)  is moored in such a way that no rope is floating on the surface of the water, and

(e)  displays the relevant fishing business number followed by the letter “S”, in clearly visible letters and figures that are not less than 50 mm in height and are of a colour that contrasts with that of the buoy.

(2)  It is a condition of an endorsement that the endorsement holder does not contravene this clause.

34 Use of drift lines

(1)  The holder of a handline endorsement must not, for the purpose of taking fish in the fishery, use a drift line to which is attached—

(a)  more than 1 hook unless each hook is part of a gang of hooks, or

(b)  more than 1 gang of hooks, or

(c)  a gang of hooks that comprises more than 5 hooks, or

(d)  another drift line.

(2)  The holder of a handline endorsement must not, for the purpose of taking fish in the fishery, use more than 30 drift lines at any one time.

(2A)  An endorsement holder must not, for the purpose of taking fish in the fishery, use a drift line unless its position is indicated by a buoy, float or similar device attached to the line that—

(a)  measures not less than 100 mm in all dimensions, and

(b)  has a height above the water of not less than 50 mm, and

(c)  displays the relevant fishing business number followed by the letter “D”, in clearly visible letters and figures that are not less than 50 mm in height and are of a colour that contrasts with that of the buoy.

(3)  It is a condition of an endorsement that the endorsement holder does not contravene this clause.

(4)  In this clause—

gang of hooks means a group of hooks, each of which is attached to, and in direct contact with, at least 1 other of those hooks.

Note—

Section 25 of the Act also makes it an offence for a person to be in possession of any fishing gear in, on or adjacent to any waters if the use by that person of that fishing gear for taking fish from those waters is, at that time, prohibited by or under the Act.

35 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 fishery, use a knife, fish spike, club or similar implement to pierce, impale, beat or otherwise injure any fish or other organism taken in any catch.

(2)  Subclause (1) does not apply to the use of a knife to kill or process any fish taken in the catch that are to be retained.

(3)  An endorsement holder must not, while on board a boat being used to take fish in the fishery, be in possession of a fish spike, club or similar implement that could be used to pierce, impale, beat or otherwise injure any fish or other organism.

(4)  Subclause (3) does not apply to the possession of a knife.

(5)  It is a defence to a prosecution of an offence constituted by contravening subclause (3) if the person charged proves that the implement concerned was in his or her possession for a purpose that is not unlawful.

(6)  It is a condition of an endorsement that the endorsement holder does not contravene this clause.

Division 2

35A–35C  (Repealed)

Part 7A Rights of priority

Note—

This Part sets out the rights of priority between endorsement holders in the estuary general fishery. Rights of priority between commercial fishers and recreational fishers on recognised fishing grounds are set out in the Fisheries Management (General) Regulation 2019. Rights of priority between endorsement holders in the estuary general fishery and endorsement holders in other fisheries on recognised fishing grounds are set out in the Fisheries Management (Supporting Plan) Regulation 2006.

Division 1 General

35D Fishing contrary to rights of priority

For the purposes of section 68 (6A) of the Act, it is a condition of an endorsement that the endorsement holder does not take fish in the fishery contrary to the rights of priority provided for by this Part after being directed not to do so—

(a)  by a fisheries officer, or

(b)  by another endorsement holder (who is using or intending to use a net or other fishing gear in accordance with this Part).

35E Endorsement holders must use fishing gear in accordance with this Part

For the purposes of section 68 (6A) of the Act, it is a condition of an endorsement that the endorsement holder does not use a net or other fishing gear in a manner that is contrary to the provisions of this Part.

Division 2 General rights of priority

35F Priority between endorsement holders using certain nets

(1)  The rights of priority between endorsement holders taking or intending to take fish by use of a relevant net from any estuarine waters are determined as follows—

(a)  the first turn belongs to the crew that first arrives at the waters concerned with a boat and a relevant net laid ready for use, but only if there is at least one crew member in attendance ready to shoot the net and the other crew members are in the immediate vicinity,

(b)  the next turn belongs to the crew that next arrives with such a boat and net, and so on,

(c)  a turn concludes when a crew has shot its net, but in no case extends over a longer period than 24 hours as against any other crew ready and waiting to use a relevant net,

(d)  during its turn a crew has exclusive rights to so much of the estuarine waters as equals in length, measured along the foreshore from the point where the boat belonging to that crew is or was positioned or lying, the total length of the net in use or intended to be used, in the direction in which the net is shot or laid ready for shooting,

(e)  a crew is not entitled to a second turn until all other crews in the area have had their first turn,

(f)  the crew of a boat waiting for a turn automatically forfeits its turn if any member of that crew acts as a member of the crew of a boat using a relevant net,

(g)  2 or more turns may be taken simultaneously if the waters being fished admit of double-banking, provided that no net is shot around an inner net within 7.5 metres of the cork line of that inner net without the consent of the crew operating that inner net.

(2), (3)    (Repealed)

(4)  This clause applies whether or not the waters concerned are a recognised fishing ground (within the meaning of the Fisheries Management (General) Regulation 2019).

(5)  This clause does not apply to the use of a net in accordance with a right of priority determined under Division 3 of this Part.

(6)  In this clause—

relevant net means a hauling net (general purpose), a trumpeter whiting net (hauling), a garfish net (bullringing), a garfish net (hauling), a pilchard, anchovy and bait net (hauling), a prawn net (hauling), a prawn running net or a seine net (prawns).

Division 3 Rights of priority for prawn nets (set pocket) and prawn running nets

35G Preliminary

(1)  This Division applies to—

(a)  the use of prawn nets (set pocket) in the Myall River, the Clarence River and any other waters in which they may lawfully be used, and

(b)  the use of prawn running nets in the following waters—

(i)  Coila Lake,

(ii)  Lake Brou,

(iii)  Corunna Lake,

(iv)  Tilba Tilba Lake,

(v)  Cuttagee Lake,

(vi)  Middle Lake (Bega),

(vii)  Wallaga Lake.

(2)  In this Division—

net site means a position in waters to which this Division applies at which a prawn net (set pocket) or prawn running net may be used.

preliminary determination—see clause 35H.

priority determination and priority determination ballot—see clause 35I.

35H Preliminary determinations by fisheries officers

(1)  A fisheries officer may determine from time to time—

(a)  the number of prawn nets (set pocket) or prawn running nets that may be used in the waters that the fisheries officer supervises, and

(b)  the net sites, and

(c)  the setting times for the prawn nets (set pocket).

(2)  A determination under this clause (a preliminary determination) has effect for the period specified in the determination.

(3)  The fisheries officer must notify endorsement holders of a preliminary determination made under this clause in the manner required by guidelines issued by the Secretary under this Division.

35I Guidelines of Secretary for priority determinations

(1)  The Secretary is to issue guidelines for the manner in which priority between endorsement holders fishing in waters to which this Division applies is to be determined.

(2)  The guidelines may require endorsement holders to make, from time to time, a determination as to the rights of priority between endorsement holders working in waters to which this Division applies (a priority determination).

(3)  Without limiting the above, the guidelines may require a priority determination to be made by ballot (a priority determination ballot) or by some other method specified in the guidelines.

(4)  A priority determination for waters to which this Division applies must be made in accordance with the guidelines issued by the Secretary.

(5)  A priority determination is to be notified to a fisheries officer in the manner specified in the guidelines issued by the Secretary.

(6)  A priority determination, once notified to a fisheries officer, is final and conclusive.

(7)  A person must not participate in any priority determination ballot unless the person holds an endorsement authorising the person to take prawns using a prawn net (set pocket) or prawn running net (as the case requires) in the waters to which the priority determination applies.

Maximum penalty—100 penalty units.

35J Priority determination ballots

(1)  The Secretary is to allocate, by instrument in writing, the number of votes that may be cast in a priority determination ballot on behalf of each estuary general prawning fishing business (the ballot allowance).

(2)  The Secretary is to determine the ballot allowance for each estuary general prawning fishing business in accordance with any guidelines approved by the Minister and published in the Gazette.

(3)  The Secretary is to notify the owner of each estuary general prawning fishing business of the ballot allowance for the business.

(4)  A fishing business owner who is notified of a ballot allowance by the Secretary under this clause must, as soon as reasonably practicable, ensure that each nominated fisher of the fishing business is notified of the ballot allowance.

(5)  For the purposes of section 65 of the Act, contravention of subclause (4) is an offence.

(6)  For the purposes of section 68 (6A) of the Act, it is a condition of a prawning endorsement that the endorsement holder does not participate in any priority determination ballot otherwise than in accordance with the ballot allowance for the relevant fishing business.

(7)  In this clause—

estuary general prawning fishing business means an estuary general fishing business that has estuary general—prawning shares—regions 1–7 as a component.

35K Minimum requirements for priority determinations

(1)  A priority determination must be made in writing and must set out, in relation to the waters to which it applies—

(a)  the endorsement holder who has priority at each net site in the waters,

(b)  the period during which that endorsement holder has priority.

(2)  A priority determination must be consistent with any preliminary determination made by a fisheries officer.

35L Use of prawn net (set pocket) following priority determination

(1)  A person must not use a prawn net (set pocket) at any position or at any time unless that person is entitled to use the net at that position and at that time under a priority determination.

(2)  The turn of an endorsement holder using a prawn net (set pocket) pursuant to a priority determination endures from sunset to sunrise or as determined by a fisheries officer.

(3)  This clause does not prevent an endorsement holder entitled to use a prawn net (set pocket) from receiving assistance in the use of the net from—

(a)  a person, in accordance with clause 42, or

(b)  one or more other prawning endorsement holders for the same region, in accordance with clause 42A.

35M Use of prawn running net following priority determination

If an endorsement holder who has the right of priority has not arrived at a net site by 7 pm (daylight saving time) or 6 pm (Eastern Standard Time) on any night, any other endorsement holder that has arrived at the site is entitled to use a prawn running net at the site on that night.

Division 4

35N  (Repealed)

Part 8 Fishing crews

36 Taking fish with the assistance of others

(1)  For the purposes of section 68 (6A) of the Act, it is a condition of an endorsement that the endorsement holder does not take fish with the assistance of any other person contrary to the provisions of this Part.

(2)  An endorsement holder does not contravene this Part in respect of anything done by, or with the authority of, a fisheries officer.

(3)  For the purposes of this Part, an endorsement holder takes fish with the assistance of another person if the other person—

(a)  is aboard a boat being used by the endorsement holder to take fish in the fishery, or

(b)  removes any fish from any fishing gear or boat being used by the endorsement holder to take fish in the fishery, or

(c)  while in, on or adjacent to the waters of the fishery, stows or assists in stowing any fishing gear before or after its use by the endorsement holder to take fish in the fishery, or

(d)  operates, or assists in operating, any fishing gear being used by the endorsement holder to take fish in the fishery, or

(e)  while in, on or adjacent to the waters of the fishery, operates any motor vehicle or other device (such as a torch or light) to assist the endorsement holder to take fish in the fishery, or

(f)  while in, on or adjacent to the waters of the fishery, places any fish into a container or other receptacle, or into a boat or motor vehicle, being used by the endorsement holder in connection with the taking of fish in the fishery.

37 General crew requirements

In this Part, the general crew requirements that an endorsement holder is required to comply with if taking fish with the assistance of another person are—

(a)  the endorsement holder and the other person must be engaged in the same fishing activity, and

(b)  the endorsement holder must remain in the immediate vicinity of the other person at all times, and

(c)  any fish taken by the endorsement holder are to be kept in the endorsement holder’s possession until the fish are lawfully disposed of.

38 Crew requirements for hand gathering and handline endorsement holders

A holder of a hand gathering or handline endorsement must not take fish in the fishery with the assistance of any other person, other than a person who holds the same type of endorsement to take fish as the endorsement holder.

39 Crew requirements for hauling endorsement holders

A holder of a category one or category two hauling endorsement may take fish in the fishery with the assistance of 1 or more other persons if the holder complies with the general crew requirements.

Note—

Clause 12 limits the number of nets that may be used by the holder of a category one or category two hauling endorsement.

40 Crew requirements for trapping endorsement holders

A holder of a trapping, mud crab trapping or eel trapping endorsement may take fish in the fishery with the assistance of 1 or more other persons if—

(a)  the endorsement holder complies with the general crew requirements, and

(b)  the other person or persons are in the same boat as the endorsement holder.

41 Crew requirements for meshing endorsement holders

(1)  A holder of a meshing endorsement for a region of the fishery may take fish in that region of the fishery with the assistance of 1 other person (and not more than 1 other person) if—

(a)  the relevant fishing business has at least 250 estuary general—meshing shares for the same region of the fishery as a component, and

(b)  the endorsement holder complies with the general crew requirements, and

(c)  the other person is in the same boat as the endorsement holder.

(2)  For the purposes of section 65 of the Act, contravention of this clause is an offence.

42 Crew requirements for prawning endorsement holders

(1)  A holder of a prawning endorsement for a region of the fishery may take fish in that region of the fishery with the assistance of 1 other person (and not more than 1 other person) if—

(a)  the relevant fishing business has at least 250 estuary general—prawning shares for the same region of the fishery as a component, and

(b)  the endorsement holder complies with the general crew requirements, and

(c)  the endorsement holder does not use or set more than 1 net at any one time.

(2)  For the purposes of section 65 of the Act, contravention of this clause is an offence.

42A Additional crew requirements for prawning endorsement holders using prawn nets (set pocket)

(1)  This clause applies to the use of prawn nets (set pocket) in waters in which prawn nets (set pocket) may lawfully be used.

(2)  A holder of a prawning endorsement for a region of the fishery may take fish in that region with the assistance of 1 or more holders of a prawning endorsement for the same region.

(3)  No more than 1 net may be used or set at any one time.

(4)  Despite clause 37(c), a holder of a prawning endorsement who is providing assistance may also take possession of the fish.

(5)  If the holder providing assistance takes possession of the fish, the holder must keep the fish in the holder’s possession until the fish are lawfully disposed of.

Note—

See clause 37 in relation to the general crew requirements that apply to an endorsement holder taking fish with the assistance of another person.

(6)  This clause does not limit the operation of clause 42.

Part 9 Real time reporting

43 Reports to be made by meshing and hauling endorsement holders before taking fish

(1)  For the purposes of section 124A (1) of the Act, a holder of a meshing endorsement or a hauling endorsement is required to provide the following information to the Secretary in relation to each 24-hour period in which the endorsement holder takes fish 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 type of endorsement,

(d)  the number of the fishing business of which the endorsement is a component.

(2)  For the purposes of section 124A (3) (a) of the Act, a pre-fishing report must be made before the endorsement holder commences taking fish in the 24-hour period to which the report relates.

(3)  For the purposes of subclause (2), an endorsement holder commences taking fish—

(a)  in the case of an endorsement holder taking fish using a hauling net (general purpose)—when the holder first uses the net, or

(b)  in any other case—when the endorsement holder is aboard a boat in the fishery and in possession of a net authorised to be used to take fish by the holder’s meshing endorsement or hauling endorsement.

(4)  In this clause—

hauling endorsement means—

(a)  a category one hauling endorsement—Regions 1–7, or

(b)  a category two hauling endorsement—Regions 1–7.

meshing endorsement means a meshing endorsement—Regions 1–7.

44 Reports of mud crab, blue swimmer crab and eel catch

(1)  This clause applies to the holder of an endorsement that authorises the taking of any of the following species of fish—

(a)  mud crab,

(b)  blue swimmer crab,

(c)  eel.

(2)  For the purposes of section 124A (1) of the Act, an endorsement holder to whom this clause applies is required to provide the following information to the Secretary in relation to each catch of mud crab, blue swimmer crab or eel taken by the endorsement holder (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 species of fish,

(d)  the weight of the catch,

(e)  where the endorsement holder landed the catch.

(3)  For the purposes of section 124A (3) (a) of the Act, a catch report must be made—

(a)  before the endorsement holder leaves the waters of the fishery on board the boat, or

(b)  before the endorsement holder moves more than 50 metres from where the endorsement holder landed the catch, or

(c)  before any of the catch is placed in a holding pen or removed from the boat, or

(d)  within 30 minutes of the endorsement holder landing the catch,

whichever occurs first.

(3A)  Despite subclause (3), a catch report may be made after the catch is removed from the boat if the endorsement holder complies with the following—

(a)  the catch must be removed from the boat for the sole purpose of weighing the catch,

(b)  the catch must be weighed immediately after being removed from the boat on scales that are located—

(i)  outdoors and within 50 metres of where the endorsement holder landed the catch, or

(ii)  at indoor premises approved by the Secretary,

(c)  the catch report must be made immediately after the catch is weighed,

(d)  the catch must not be mixed with any other fish until the catch report has been made.

(4)  For the purposes of section 68 (6A) of the Act, it is a condition of an endorsement that authorises the taking of mud crab, blue swimmer crab or eel that the endorsement holder—

(a)  must remain in the immediate vicinity of the catch until the catch report has been made, and

(b)  must not remove the catch from the boat before the catch report has been made, other than for the sole purpose of weighing the catch in accordance with subclause (3A).

(5)  For the purposes of section 65 of the Act, contravention of subclause (4) is an offence.

(6)  For the purposes of this clause, the weight of a catch is to be determined by accurate scales and rounded to 1 decimal place.

(7)  In this clause, eel means longfin eel or southern shortfin eel.

44A Reports of pipi, beachworm, cockle and ghost nipper catch

(1)  For the purposes of section 124A (1) of the Act, a holder of a hand gathering endorsement is required to provide the following information to the Secretary in relation to each catch of pipi, beachworm, cockle or ghost nipper taken by the endorsement holder (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 species of fish,

(d)  the weight of the catch of pipi or cockle or the number of beachworm or ghost nipper in the catch,

(e)  where the endorsement holder landed the catch or moved the catch above the relevant mean high water mark.

(2)  For the purposes of section 124A (3) (a) of the Act, a catch report for pipi and beachworm must be made—

(a)  before the endorsement holder moves more than 50 metres from the relevant mean high water mark, or

(b)  before any of the catch is placed in a boat, premises or vehicle (other than a vehicle into which the catch is placed immediately after being taken), or

(c)  within 30 minutes after the catch is moved above the relevant mean high water mark,

whichever occurs first.

(3)  For the purposes of section 124A (3) (a) of the Act, a catch report for cockle and ghost nipper that is placed into a boat immediately after being taken must be made—

(a)  before the endorsement holder moves more than 50 metres from where the endorsement holder landed the catch, or

(b)  before any of the catch is placed in a holding pen or removed from the boat, or

(c)  within 30 minutes of the endorsement holder landing the catch,

whichever occurs first.

(4)  For the purposes of section 124A (3) (a) of the Act, a catch report for cockle and ghost nipper that is not placed into a boat after being taken must be made—

(a)  before the endorsement holder moves more than 50 metres from the relevant mean high water mark, or

(b)  before any of the catch is placed in a vehicle or premises, or

(c)  before any of the catch is placed in a holding pen, or

(d)  within 30 minutes after the catch is moved above the relevant mean high water mark,

whichever occurs first.

(5)  Despite subclause (3), a catch report for cockle and ghost nipper that is placed into a boat immediately after being taken may be made after the catch is removed from the boat if the endorsement holder complies with the following—

(a)  the catch must be removed from the boat for the sole purpose of weighing the catch,

(b)  the catch must be weighed immediately after being removed from the boat on scales that are located—

(i)  outdoors and within 50 metres of where the endorsement holder landed the catch, or

(ii)  at indoor premises approved by the Secretary,

(c)  the catch report must be made immediately after the catch is weighed,

(d)  the catch must not be mixed with any other fish until the catch report has been made.

(6)  For the purposes of section 68 (6A) of the Act, it is a condition of a hand gathering endorsement that the endorsement holder—

(a)  must remain in the immediate vicinity of the catch until the catch report has been made, and

(b)  in the case of a catch of cockle or ghost nipper that is placed into a boat immediately after being taken—must not remove the catch from the boat, other than for the sole purpose of weighing the catch in accordance with subclause (5).

(7)  For the purposes of section 65 of the Act, contravention of subclause (6) is an offence.

(8)  For the purposes of this clause, the weight of a catch is to be determined by accurate scales and rounded to 1 decimal place.

(9)  In this clause, relevant mean high water mark, in relation to a catch, means the mean high water mark of the beach or estuary from which the catch was taken.

45 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 report as required under this Part because the real time reporting system malfunctions or is not available, the endorsement holder must—

(a)  complete the form approved by the Secretary for the purposes of this clause in accordance with any instructions in the form, and

(b)  send the completed form to the Secretary within the time specified in the form.

Part 10 General

46 Adoption of Supporting Plan

For the purposes of section 57A (5) of the Act, the provisions of the Supporting Plan, as they relate to the fishery, and as in force from time to time, are adopted by this Plan.

47 Authorised amendments to Plan

For the purposes of section 64 of the Act, any amendment to this Plan is authorised.

47A Bag limits for certain species

(1)  For the purposes of section 17 (1) of the Act, the daily limit of a species of fish described in Column 1 of Schedule 3 is, when the fish are taken from waters specified opposite that species of fish in Column 4 of that Schedule and the person taking the fish falls within the class of endorsement holders specified next to the species in Column 3 of that Schedule, the quantity specified next to that species in Column 2 of that Schedule.

(2)  For the purposes of section 17B (1) (a) of the Act, the possession limit of fish of a species described in Column 1 of Schedule 3 is, when the fish are taken from waters specified opposite that species of fish in Column 4 of that Schedule and the person in possession of that species of fish falls within the class of endorsement holders specified next to the species described in Column 3 of that Schedule, the quantity specified next to that species in Column 2 of that Schedule.

(3)  For the purposes of section 21 (1) (d) of the Act, it is a defence to a prosecution for an offence under section 18 (2) of the Act that is constituted by being in possession of fish in contravention of a possession limit imposed by this Plan if the person charged satisfies the court that the fish were lawfully taken from outside the fishery.

Part 11 Transitional fishing determinations

48 Transition period

In this Part, transition period means the period starting on 6 October 2017 and ending on 30 June 2024.

49 Secretary required to make fishing determinations during transition period

(1)  The Secretary, and not the TAF Committee, is required to make any fishing determinations that the TAF Committee would otherwise be required to make under clause 6E for any fishing period ending on or before 30 June 2024.

(2)  The first fishing determination is to be made in respect of the period beginning on 1 December 2017 and ending on 30 June 2018. After that, a fishing determination is to be made in respect of each period of 12 months commencing on 1 July and ending on 30 June in the following year.

(3)  A fishing determination under this clause is to be made in accordance with Division 3 of Part 2A of the Act, subject to clause 50.

50 Transition to TAF Committee fishing determinations

(1)  The Minister may, during the transition period, give directions to the Secretary as to the matters to which the Secretary is to have regard in making any fishing determination for the fishery that the Secretary is required to make during the transition period.

(2)  A direction may exempt the Secretary from the requirement to have regard to a scientific assessment in making a fishing determination, in which case section 40M (1) of the Act does not apply to the fishing determination.

(3)  The direction is to be given by order in writing.

(4)  The Minister may give a direction under this clause only if the Minister is of the opinion that the direction is necessary to facilitate the structural adjustment of the fishery to TAF Committee fishing determinations.

(5)  Without limiting subclause (1), a direction may require the Secretary to have regard to the following—

(a)  historical catch or fishing effort in the fishery,

(b)  the objective of gradually transitioning the fishery to TAF Committee fishing determinations.

(6)  The Secretary is to make any fishing determination that the Secretary is required to make for the fishery during the transition period in accordance with any direction given by the Minister under this clause.

(7)  In this clause, TAF Committee fishing determination means a fishing determination made by the TAF Committee under Division 2 of Part 2A of the Act.

Schedule 1 Other restrictions on areas of operation

(Clause 16A)

Column 1	Column 2	Column 3	Column 4
Area affected	Species of fish that must not be taken	Methods of fishing prohibited	Period
All waters—Garfish net (hauling)
The whole of the fishery.	Any species of fish.	Any method involving the use of a garfish net (hauling).	The period between midnight on a Friday and midnight on the immediately following Sunday, and any public holiday.
Tweed River—Weekend Netting
The whole of the waters of the Tweed River and its tributaries, from its source to a line drawn from the southern point of Rocky Point generally easterly to Fingal Road at the entrance of Wommin Lagoon, and including Terranora Creek, Terranora Broadwater and Cobaki Broadwater and their tributaries.	Any species of fish.	Any method involving the use of net, other than the following— (a)  a dip or scoop net (prawns), (b)  a push or scissors net (prawns), (c)  a hand-hauled prawn net, (d)  a landing net.	The period from 6am Saturday to 6am the following Monday in each week.
Tweed River (Lower Reaches)—Summer Set Meshing Net
The whole of the waters of the Tweed River and its tributaries, from a line drawn from the southern point of Rocky Point generally easterly to Fingal Road at the entrance of Wommin Lagoon, upstream to the bridge at Barneys Point, and including Terranora Creek, Terranora Broadwater and Cobaki Broadwater and their tributaries.	Any species of fish.	Any method involving the use of a meshing net, other than when the net is used by the method of splashing (that is, shooting the net, immediately splashing and retrieving it as a continuous operation).	The period from October in any year to May in the next year (both months inclusive).
Tweed River (Lower Reaches)—Winter Set Meshing Net
The whole of the waters of the Tweed River, together with its bays, inlets and tributaries, downstream of Barneys Point Bridge and including Terranora Creek and Terranora and Cobaki Broadwaters and their tributaries.	Any species of fish.	Any method involving the use of a meshing net, other than— (a)  when the net is set for a period of less than 3 hours, or (b)  when the net is used by the method of splashing (that is, shooting the net, immediately splashing and retrieving it as a continuous operation).	The period from June to August (both months inclusive) in each year.
Tweed River (Cobaki Broadwater)—Set Meshing Net
The whole of the waters of the Cobaki Broadwater, upstream of the mouth of Cobaki Creek.	Any species of fish.	Any method involving the use of a meshing net, other than when the net is used by the method of splashing (that is, shooting the net, immediately splashing and retrieving it as a continuous operation).	The period from 15 May to 31 August in each year (both dates inclusive).
Tweed River (Terranora Broadwater)—Set Meshing Net
The whole of the waters of the Terranora Broadwater, upstream of the mouth of Bilambil and Duroby Creeks.	Any species of fish.	Any method involving the use of a meshing net, other than when the net is used by the method of splashing (that is, shooting the net, immediately splashing and retrieving it as a continuous operation).	The period from 15 May to 31 August in each year (both dates inclusive).
Tweed River—Meshing Net
The whole of the waters of the Tweed River and its tributaries, from the road bridge at Murwillumbah, upstream to a line drawn across the river 400 metres below the face of the weir wall at Bray Park.	Any species of fish.	Any method involving the use of a meshing net.	The period from sunrise to sunset.
Tweed River (Upper Reaches)—Set Meshing Net
The whole of the waters of the Tweed River and its tributaries, upstream of the road bridge at Murwillumbah.	Any species of fish.	Any method involving the use of a meshing net, other than when the net is used by the method of splashing (that is, shooting the net, immediately splashing and retrieving it as a continuous operation).	The period from 15 May to 31 August in each year (both dates inclusive).
Tweed River—Nets and Traps
The whole of the waters of the Tweed River and its tributaries, from the weir at Bray Park downstream to a line drawn across the river 400 metres from the face of the weir wall.	Any species of fish.	Any method involving the use of net or trap (other than a landing net).	All year.
Rous River—Set Meshing Net
The whole of the waters of the Rous River, upstream of the Kynnumboon road bridge.	Any species of fish.	Any method involving the use of a meshing net, other than when the net is used by the method of splashing (that is, shooting the net, immediately splashing and retrieving it as a continuous operation).	The period from 15 May to 31 August in each year (both dates inclusive).
Cudgera Creek, Cudgen Creek and Cudgen Lake
The whole of the waters of Cudgera Creek, Cudgen Creek and Cudgen Lake and their tributaries, upstream to their source from its confluence with the South Pacific Ocean.	Any species of fish.	Any method involving the use of a net, other than the following— (a)  a dip or scoop net (prawns), (b)  a push or scissors net (prawns), (c)  a hand-hauled prawn net, (d)    (Repealed) (e)  a landing net.	All year.
Mooball Creek
The whole of the waters of Mooball Creek and its tributaries, upstream to its source from its confluence with the South Pacific Ocean.	Any species of fish.	Any method involving the use of a net, other than the following— (a)  a dip or scoop net (prawns), (b)  a push or scissors net (prawns), (c)  a hand-hauled prawn net, (d)    (Repealed) (e)  a landing net.	All year.
Richmond River—Weekend Netting
The whole of the waters of the Richmond River upstream to its source from a line drawn east across the River from the south-eastern corner of Portion 21 at the eastern end of Emigrant Creek and all other tributaries, creeks, bays, inlets and canal estates within those boundaries.	Any species of fish.	Any method involving the use of a net, other than the following— (a)    (Repealed) (b)  a hand-hauled prawn net, (c)  push or scissor net (prawns), (d)  dip or scoop net (prawns), (e)  landing net.	The period from 8am Saturday to 8am the following Monday in each week.
Richmond River—Nets
The whole of the tidal waters of the Richmond River and tributaries (excluding Wilsons River) upstream from the Woodburn road bridge.	Any species of fish.	Any method involving the use of the following— (a)  a hauling net (general purpose), (b)  a garfish net (bullringing), (c)  a meshing net, unless the net is used by the method of splashing (that is, shooting the net, immediately splashing and retrieving it as a continuous operation).	The period from December in any year to March in the next year (both months inclusive).
Richmond River—Prawn Nets
The whole of the tidal waters of the Richmond River and tributaries (excluding Wilsons River) upstream from the Woodburn road bridge.	Any species of fish.	Any method involving the use of a prawn net (hauling).	The period from March to July in each year (both months inclusive).
Richmond River—Swan Bay
The whole of the tidal waters of the Richmond River known as Swan Bay (situated approximately 8 km upstream from Woodburn).	Any species of fish.	Any method involving the use of a meshing net, unless the net is used by the method of splashing (that is, shooting the net, immediately splashing and retrieving it as a continuous operation).	The period from 15 May to 31 August in each year (both dates inclusive).
Richmond River—Bungawalbyn Creek
The whole of the tidal waters of Bungawalbyn Creek upstream from the Woodburn to Coraki road bridge.	Any species of fish.	Any method involving the use of a meshing net, unless the net is used by the method of splashing (that is, shooting the net, immediately splashing and retrieving it as a continuous operation).	The period from 15 May to 31 August in each year (both dates inclusive).
Richmond River (Upper Reaches)—Nets and Traps
The whole of the waters of the Richmond River and its tributaries upstream from Tatham Bridge to its source.	Any species of fish.	Any method involving the use of a net or trap, other than the following— (a)    (Repealed) (b)  a landing net, (c)  an eel trap.	All year.
Richmond River and Wilsons River (Upper Reaches)—Traps
The whole of the tidal waters of the Richmond River and tributaries (including all the waters of the Wilsons River), upstream from the Road Bridge at Woodburn.	Any species of fish.	Any method involving the use of a trap, other than an eel trap.	All year.
Wilsons River—Nets
The whole of the tidal waters of the Wilsons River and tributaries, from its confluence with the Richmond River at Coraki, upstream to the high voltage power lines across the Wilsons River adjacent to Three Chain Road, South Lismore.	Any species of fish.	Any method involving the use of the following— (a)  a hauling net (general purpose), (b)  a meshing net, unless the net is used by the method of splashing (that is, shooting the net, immediately splashing and retrieving it as a continuous operation), (c)  a garfish net (bullringing).	The period from December in any year to March in the next year (both months inclusive).
Wilsons River—Prawn Nets
The whole of the tidal waters of the Wilsons River and its tributaries, from its confluence with the Richmond river at Coraki, upstream to the high voltage power lines across the Wilsons River adjacent to Three Chain Road, South Lismore.	Any species of fish.	Any method involving the use of a prawn net (hauling).	The period from March to July in each year (both months inclusive).
Wilsons River (Upper Reaches)—Nets
The whole of the waters of the Wilsons River and its tributaries, upstream from the high voltage power lines across the river adjacent to Three Chain Road, South Lismore, including Leycesters Creek, Terania Creek and Lagoon Creek.	Any species of fish.	Any method involving the use of a net, other than the following— (a)    (Repealed) (b)  a landing net.	All year.
Evans River—Entrance
The waters of the Evans River from a line drawn between the most northerly points of the eastern and western breakwaters at the entrance of the Evans River, upstream to its source and junction with Rocky Mouth Creek.	Any species of fish.	Any method involving the use of a net or a trap, other than the following— (a)  a hand-hauled prawn net, (b)  a push or scissors net (prawns), (c)  a dip or scoop net (prawns), (d)  a landing net. (e)    (Repealed)	All year.
Jerusalem Creek
The whole of the waters of Jerusalem Creek and its tributaries, upstream to its source from its confluence with the South Pacific Ocean.	Any species of fish.	Any method involving the use of a net, other than the following— (a)  a dip or scoop net (prawns), (b)  a push or scissors net (prawns), (c)  a hand-hauled prawn net, (d)    (Repealed) (e)  a landing net.	All year.
Clarence River
That part of the Clarence River downstream of a line drawn directly across the main channel of the Clarence River from the western most part of the Brown’s or Goodwood Island Wharf.	Any species of fish.	Any method involving the use of a prawn net (set pocket).	All year.
Clarence River—Weekend Netting
The whole of the waters of the Clarence River, together with all its lakes, lagoons, inlets, channels, creeks and tributaries, from its confluence with the South Pacific Ocean upstream to its source.	Any species of fish.	Any method involving the use of the following— (a)  a garfish net (bullringing), (b)  a meshing net.	The period from 8am Saturday to 8am the following Monday in each week.
Clarence River—Prawn Net (Hauling)
The whole of the waters of the Clarence River together with all its lakes, lagoons, inlets, channels, creeks and tributaries, from its confluence with the South Pacific Ocean upward to its source.	Any species of fish.	Any method involving the use of a prawn net (hauling).	All year.
Clarence River (Lower Reaches)—Set Meshing Net
The whole of the waters of the Clarence River and its tributaries, from its confluence with the South Pacific Ocean (excluding the Recreational Fishing Havens and Lake Wooloweyah), upstream to a line drawn across the main arm of the Clarence River from the southern-most extremity of Paddy’s Point south-easterly to the north-western corner of portion 166 at Taloumbi and upstream to a line drawn across the North Arm of the Clarence River from the western bank of the entrance to the Esk River southerly to the north-western corner of portion 151 at Harwood, including the Esk River, Romiaka Channel, Freeburn Island Channel, Yamba Channel, Shallow Channel, Micallo Channel and Oyster Channel, to a line drawn from 153°19.772′E, 29°27.767′S (the southern-most point of the eastern bank of Oyster Channel) north north-west to 153°19.697′E, 29°27.530′S (the immediately opposite bank on Micallo Island just north of the channels to Lake Wooloweyah).	Any species of fish.	Any method involving the use of a meshing net, unless the net is used by either of the following methods known as splashing— (a)  shooting the net, immediately splashing and retrieving it as a continuous operation, (b)  shooting the net in a ring or semi-circle, remaining in attendance of the net while it is set and commencing retrieval of the net within 45 minutes of the net being shot.	All year.
Clarence River (Lower Reaches)—Hauling Net (General Purpose)
The whole of the waters of the main channel of the Clarence River from a line drawn between the NSW Maritime Navigation Aid No 097 (located on the downside of the most easterly opening in Middle Wall) then north-westerly across the river to the western extremity of Moriarty’s Wall, upstream to a line drawn from the western bank of Palmer’s Channel to the wharf at the Harwood slipway on the northern side of the main channel of the Clarence River.	Any species of fish.	Any method involving the use of a hauling net (general purpose).	The period from 8am Saturday to 8am the following Monday in each week, other than during the period from April to August (both months inclusive) in each year.
Clarence River (North Arm)—Hauling Net (General Purpose)
The whole of the waters of the North Arm of the Clarence River from its junction with the main channel of the Clarence River at Iluka, upstream to the Mororo Bridge.	Any species of fish.	Any method involving the use of a hauling net (general purpose).	The period from 8am Saturday to 8am the following Monday in each week, other than during the period from April to August (both months inclusive) in each year.
Clarence River (Yamba Bay and Oyster Channel)—Hauling Net (General Purpose)
The whole of the waters of Yamba Bay, Freeburn Island Channel, Yamba Channel and Oyster Channel (excluding the Recreational Fishing Haven) upstream to a line drawn from 153°19.772′E, 29°27.767′S (the southern most point of the eastern bank of Oyster Channel) north north-west to 153°19.697′E, 29°27.530′S (the immediately opposite bank on Micallo Island just north of the channels to Lake Wooloweyah).	Any species of fish.	Any method involving the use of a hauling net (general purpose).	The period from 8am Saturday to 8am the following Monday in each week, other than during the period from April to August (both months inclusive) in each year.
Clarence River (other waters)—Hauling Net (General Purpose)
The whole of the waters of the Clarence River, other than the following— (a)  the waters adjacent to Wave Trap Beach located at the western end of the northern breakwall at the entrance to the Clarence River, (b)  the waters set out in this Schedule under the heading Clarence River Lower Reaches)—Hauling Net (General Purpose), (c)  the waters set out in this Schedule under the heading Clarence River (North Arm)—Hauling Net (General Purpose), (d)  the waters set out in this Schedule under the heading Clarence River (Yamba Bay and Oyster Channel)—Hauling Net (General Purpose). Note— The use of a hauling net (general purpose) is permitted in the waters described in paragraphs (a)–(d) on weekends during the ‘mullet travelling season’.	Any species of fish.	Any method involving the use of a hauling net (general purpose).	The period from 8am Saturday to 8am the following Monday in each week.
Clarence River (Crystal Bay)—Nets
The whole of the waters of Crystal Bay, upstream of a line drawn from the centre of the turning circle of Westringa Place to the northern-most point of Witonga Drive.	Any species of fish.	Any method involving the use of a net (other than a landing net).	All year.
Clarence River (all waters other than the Middle Wall trap ground)—Fish Trap
The whole of the waters of the Clarence River, other than the waters bounded by a line drawn from the downstream side of the most easterly opening in Middle Wall across to the western extremity of Moriarty’s Wall, then upstream to a wooden peg marked “FT1” located at the upstream end of the training wall that runs adjacent to Spencer Street boat ramp at Iluka, then westerly to the Roads and Maritime Services Lead beacon number 037 located adjacent to the south eastern extremity of Goodwood Island, then upstream to the Roads and Maritime Services Lead beacon number 041, then in a line south westerly to the north western extremity of Freeburn Island, then downstream along the north eastern side of Freeburn Island and north eastern side of Middle Training Wall to the point of commencement.	Any species of fish.	Any method involving the use of a fish trap.	All year.
Clarence River (Middle Wall trap ground)—Fish Trap
The waters of the Clarence River bounded by a line drawn from the downstream side of the most easterly opening in Middle Wall across to the western extremity of Moriarty’s Wall, then upstream to a wooden peg marked “FT1” located at the upstream end of the training wall that runs adjacent to Spencer Street boat ramp at Iluka, then westerly to the Roads and Maritime Services Lead beacon number 037 located adjacent to the south eastern extremity of Goodwood Island, then upstream to the Roads and Maritime Services Lead beacon number 041, then in a line south westerly to the north western extremity of Freeburn Island, then downstream along the north eastern side of Freeburn Island and north eastern side of Middle Training Wall to the point of commencement.	Any species of fish.	Any method involving the use of a fish trap.	The period from September in any year to April in the next year (both months inclusive).
Clarence River (Palmer’s Channel)—Set Meshing Net
The whole of the waters of Palmer’s Channel, from its confluence with the Clarence River upstream to its confluence with Lake Wooloweyah.	Any species of fish.	Any method involving the use of a meshing net, unless the net is used by either of the following methods known as splashing— (a)  shooting the net, immediately splashing and retrieving it as a continuous operation, (b)  shooting the net in a ring or semi-circle, remaining in attendance of the net while it is set and commencing retrieval of the net within 45 minutes of the net being shot.	All year.
Clarence River (Lake Wooloweyah)—Set Meshing Net
The whole of the waters of Lake Wooloweyah.	Any species of fish.	Any method involving the use of a meshing net, unless the net is used by either of the following methods known as splashing— (a)  shooting the net, immediately splashing and retrieving it as a continuous operation, (b)  shooting the net in a ring or semi-circle, remaining in attendance of the net while it is set and commencing retrieval of the net within 45 minutes of the net being shot.	The period from September in any year to May in the following year (both months inclusive).
Clarence River—Crab Trap
The whole of the waters of the Clarence River together with all its lakes, lagoons, inlets, channels, creeks and tributaries, upstream of a line drawn across the River from the boat ramp adjacent to the Maclean Court House (the Old Ashby Ferry crossing).	Any species of fish.	Any method involving the use of a crab trap.	All year.
Clarence River (Broadwater)—Set Meshing Net
The whole of the waters of that part of the Broadwater north of a line from the post marked “FD1” on the foreshore of Emerald’s Point, generally westerly to the post marked “FD2” located on Neddy’s Point.	Any species of fish.	Any method involving the use of a meshing net, unless the net is used by either of the following methods known as splashing— (a)  shooting the net, immediately splashing and retrieving it as a continuous operation, (b)  shooting the net in a ring or semi-circle, remaining in attendance of the net while it is set and commencing retrieval of the net within 45 minutes of the net being shot.	All year.
Clarence River (Sportsman’s Creek)—Set Meshing Net
The whole of the waters of Sportsman’s Creek from its junction with the Clarence River upstream to the weir above Lawrence.	Any species of fish.	Any method involving the use of a meshing net, unless the net is used by either of the following methods known as splashing— (a)  shooting the net, immediately splashing and retrieving it as a continuous operation, (b)  shooting the net in a ring or semi-circle, remaining in attendance of the net while it is set and commencing retrieval of the net within 45 minutes of the net being shot.	The period from 15 May to 31 August in each year (both dates inclusive).
Clarence River (Sportsman’s Creek)—Nets
The whole of the waters of Sportsman’s Creek, together with its creeks, tributaries and inlets from the weir above Lawrence upstream to its source.	Any species of fish.	Any method involving the use of a net (other than a landing net).	All year.
Clarence River (Shark Creek)—Set Meshing Net
The whole of the waters of Shark Creek, upstream from its junction with the South Arm of the Clarence River.	Any species of fish.	Any method involving the use of a meshing net, unless the net is used by either of the following methods known as splashing— (a)  shooting the net, immediately splashing and retrieving it as a continuous operation, (b)  shooting the net in a ring or semi-circle, remaining in attendance of the net while it is set and commencing retrieval of the net within 45 minutes of the net being shot.	The period from 15 May to 31 August in each year (both dates inclusive).
Clarence River (Coldstream River)—Set Meshing Net
The whole of the waters of the Coldstream River, upstream of the Tucabia road bridge to its junction with Deep Creek.	Any species of fish.	Any method involving the use of a meshing net, unless the net is used by either of the following methods known as splashing— (a)  shooting the net, immediately splashing and retrieving it as a continuous operation, (b)  shooting the net in a ring or semi-circle, remaining in attendance of the net while it is set and commencing retrieval of the net within 45 minutes of the net being shot.	The period from 15 May to 31 August in each year (both dates inclusive).
Clarence River—Eel Trap
The whole of the waters of the Orara River upstream of the Gwydir Highway road bridge, and the main arm of the Clarence River from the powerlines that extend from Carrs Island across the top of Susan Island to the western bank of the River, downstream to a line drawn across the river at the eastern most end (the bottom end) of Elizabeth Island.	Any species of fish.	Any method involving the use of an eel trap.	All year.
Clarence River (Upper Reaches)—Set Meshing Net
The whole of the waters of the Clarence River, including the Orara River and all tributaries upstream from the Koolkhan Power Station.	Any species of fish.	Any method involving the use of a meshing net, unless the net is used by either of the following methods known as splashing— (a)  shooting the net, immediately splashing and retrieving it as a continuous operation, (b)  shooting the net in a ring or semi-circle, remaining in attendance of the net while it is set and commencing retrieval of the net within 45 minutes of the net being shot.	The period from 15 May to 31 August in each year (both dates inclusive).
Clarence River (Orara River)—Nets
The whole of the waters of the Orara River and the creeks and tributaries feeding into the Orara River, upstream from a line drawn across the Orara River at is junction with Jacky’s Creek (located approximately 11km upstream of the junction of the Orara and Clarence Rivers).	Any species of fish.	Any method involving the use of a net (other than a landing net).	All year.
Boambee Creek (and Newport Creek)
The whole of the waters of Boambee Creek, together with all its creeks, tributaries and inlets from the confluence with the South Pacific Ocean upstream to its source.	Any species of fish.	Any method involving the use of a net, other than the following— (a)  a dip or scoop net (prawns), (b)  a landing net.	All year.
Bonville Creek (and Pine Creek)
The whole of the waters of Bonville Creek together with all its creeks, tributaries and inlets from the confluence with the South Pacific Ocean upstream to its source.	Any species of fish.	Any method involving the use of a net, other than the following— (a)  a dip or scoop net (prawns), (b)  a landing net.	All year.
Dalhousie Creek
The whole of the waters of Dalhousie Creek and its tributaries upstream from its confluence with the South Pacific Ocean.	Any species of fish.	Any method involving the use of a hauling net (general purpose).	All year.
Oyster Creek
The whole of the waters of Oyster Creek and its tributaries upstream from its confluence with the South Pacific Ocean.	Any species of fish.	Any method involving the use of a hauling net (general purpose).	All year.
Nambucca River and Warrell Creek—Weekend Netting
The whole of the waters of the Nambucca River and Warrell Creek together with their creeks and tributaries.	Any species of fish.	Any method involving the use of a net, other than the following— (a)  a prawn net (hauling), (b)  a hand-hauled prawn net, (c)  a dip or scoop net (prawns), (d)  a landing net.	The period from 6pm Friday to 6pm Sunday in each week, or to 6pm Monday if Monday is a public holiday. On any weekday (other than a Monday) that is a public holiday: the period from 6am to 6pm.
Nambucca River Entrance—Nets
The whole of the waters of that part of the 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 south-eastern side of Stuart’s Island), then across the Nambucca River to 30°39.410′S 153°00.170′E (on the most northerly 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).	Any species of fish.	Any method involving the use of a net, other than the following— (a)  a dip or scoop net (prawns), (b)    (Repealed) (c)  a landing net.	All year.
Nambucca River—Set Meshing Net
The whole of the waters of Nambucca Arm upstream of a line drawn across the river from the western side of the boat ramp at Apex Park Reserve, Wilsons Road.	Any species of fish.	Any method involving the use of a meshing net, unless the net is used by the method of splashing (that is, shooting the net, immediately splashing and retrieving it as a continuous operation).	The period from 15 May to 31 August in each year (both dates inclusive).
Nambucca River (Taylors Arm)—Set Meshing Net
The whole of the waters of Nambucca Arm upstream of a line drawn north-east across the river from 30°43.890′S 152°51.140′E.	Any species of fish.	Any method involving the use of a meshing net, unless the net is used by the method of splashing (that is, shooting the net, immediately splashing and retrieving it as a continuous operation).	The period from 15 May to 31 August in each year (both dates inclusive).
Warrell Creek—Nets
The whole of the waters of that part of Warrell Creek together with all its creeks and tributaries from the Scotts Head boat ramp adjacent to Warrell Creek Reserve upstream to its source.	Any species of fish.	Any method involving the use of a net (other than a landing net).	All year.
Warrell Creek—Traps
The whole of the waters of that part of Warrell Creek together with all its creeks and tributaries from the Scotts Head boat ramp adjacent to Warrell Creek reserve upstream to the Warrell Creek Rail Bridge.	Any species of fish.	Any method involving the use of a trap (other than an eel trap).	All year.
Macleay River—Weekend Netting
The whole of the waters of the Macleay River and its tributaries, from its confluence with the South Pacific Ocean upstream to its source.	Any species of fish.	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)    (Repealed) (d)  a push or scissors net (prawns), (e)  a landing net.	The period from 6pm Friday to 6pm Sunday in each week, or to 6pm Monday if Monday is a public holiday.
Macleay River—Nets
The whole of the waters of the Macleay River and its creeks, tributaries, billabongs and lagoons, from the Kempsey Railway Bridge upstream to its source.	Any species of fish.	Any method involving the use of a net (other than a landing net).	All year.
Macleay River (Lower Reaches)—Set Meshing Net
The whole of the waters of the Macleay River and its tributaries, creeks, bays and inlets, lying on the northern side of a line drawn from the northern bank of Spencer’s Creek to Kemp’s Corner and from a line drawn east/west crossing the southern end of Whiskey Island.	Any species of fish.	Any method involving the use of a meshing net, unless the net is used by the method of splashing (that is, shooting the net, immediately splashing and retrieving it as a continuous operation).	All year.
Macleay River (Jerseyville to Smithtown)—Set Meshing Net
The whole of the waters of the Macleay River and its tributaries downstream of Smithtown Bridge to the Jerseyville Bridge.	Any species of fish.	Any method involving the use of a meshing net, other than— (a)  when the net is used by the method of splashing (that is, shooting the net, immediately splashing and retrieving it as a continuous operation, or (b)  when the net is set for a period of less than 2 hours.	The period from May to August (both months inclusive) in each year.
Macleay River (Upper Reaches)—Set Meshing Net
The whole of the waters of the Macleay River and its tributaries from the Smithtown Bridge upstream to the Kempsey Railroad Bridge.	Any species of fish.	Any method involving the use of a meshing net, unless the net is used by the method of splashing (that is, shooting the net, immediately splashing and retrieving it as a continuous operation).	The period from May to August (both months inclusive) in each year.
Clybucca, Christmas and Kinchela Creeks—Set Meshing Net
The whole of the waters of Clybucca, Christmas and Kinchela Creeks and their tributaries upstream of the flood mitigation gates located on each of the aforementioned creeks.	Any species of fish.	Any method involving the use of a meshing net, unless the net is used by the method of splashing (that is, shooting the net, immediately splashing and retrieving it as a continuous operation).	The period from 15 May to 31 August in each year (both dates inclusive).
Saltwater Creek
The whole of the waters of Saltwater Creek and its tributaries upstream from its confluence with the South Pacific Ocean.	Any species of fish.	Any method involving the use of the following— (a)  a hauling net (general purpose), (b)  a garfish net (bullringing).	All year.
Yarrahapinni Wetlands National Park
The whole of the waters of the Yarrahapinni Wetlands National Park and its creeks and tributaries extending upstream of its confluence with the Macleay River at the existing flood mitigation gates and associated levy banks located in Anderson’s Inlet.	Any species of fish.	Any method.	All year.
South West Rocks Creek—Nets
The whole of the waters of South West Rocks Creek from its confluence with the South Pacific Ocean upstream to its source.	Any species of fish.	Any method involving the use of a net, other than the following— (a)  a dip or scoop net (prawns), (b)  a landing net.	All year.
Belmore River
The waters of that part of Belmore River and its creeks, tributaries and inlets, from the Belmore River flood gate downstream to the road bridge at Gladstone (being waters that are part of the estuarine system of the Macleay River).	Any species of fish.	Any method involving the use of a net or a trap, other than the following— (a)  a landing net, (b)  an eel trap.	All year.
Belmore River—Upper Reaches
The waters of that part of Belmore River and its creeks, tributaries and inlets, from its source downstream to the Belmore River flood gate (being waters that are part of the estuarine system of the Macleay River).	Any species of fish.	Any method involving the use of a net or a trap (other than a landing net).	All year.
Korogoro Creek
The whole of the waters of Korogoro Creek from its source, including its creeks and tributaries to its confluence with the South Pacific Ocean.	Any species of fish.	Any method involving the use of a net, other than the following— (a)  a dip or scoop net (prawns), (b)  a landing net.	All year.
Killick Creek
The whole of the waters of Killick Creek, its creeks and tributaries upstream from its confluence with the South Pacific Ocean.	Any species of fish.	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.	All year.
Lake Innes—Weekend Netting
The whole of the waters of Lake Innes upstream of its confluence with Cathie Creek, including any creeks and tributaries leading into Lake Innes.	Any species of fish.	Any method involving the use of a net, other than the following— (a)  a prawn net (set pocket), (b)  a hand-hauled prawn net, (c)  a push or scissor net (prawns), (d)  a dip or scoop net (prawns), (e)    (Repealed) (f)  a landing net.	From October in any year to March in the following year (both months inclusive): the period from 6pm Friday to 6pm Sunday in each week, and the period from 6am to 6pm on any weekday that is a public holiday. On any public holiday that is a weekday of the Easter long weekend: the period from 6am to 6pm.
Lake Cathie and Cathie Creek—Nets
The whole of the waters of Lake Cathie and Cathie Creek from their confluence with the South Pacific Ocean upstream to the confluence of Lake Innes and Cathie Creek.	Any species of fish.	Any method involving the use of a net, other than the following— (a)  a prawn net (set pocket), (b)  a dip or scoop net (prawns), (c)  a hand-hauled prawn net, (d)    (Repealed) (e)  a push or scissor net (prawns), (f)  a landing net.	All year.
Camden Haven River—Weekend Netting
The whole of the waters of Stingray Creek, Queens Lake, together with their creeks, bays and tributaries upstream from the North Haven Bridge and the whole of the waters of Camden Haven Inlet, Watson Taylors Lake and Camden Haven River together with their creeks, bays and tributaries upstream from the Dunbogan Bridge.	Any species of fish.	Any method involving the use of a net, other than the following— (a)  a prawn net (set pocket), (b)  a dip or scoop net (prawns), (c)  a hand-hauled prawn net, (d)    (Repealed) (e)  a push or scissor net (prawns), (f)  a landing net.	The period from September to November in each year (both months inclusive): 6pm Friday to 6pm Sunday in each week. The period from December to March the following year (both months inclusive): 6pm Friday to 7pm Sunday in each week. The period from April to August in each year (both months inclusive): 6pm Friday to 4pm Sunday in each week. On any public holiday: from official sunrise to official sunset.
Camden Haven River—Set Meshing Net
The whole of the waters of Stingray Creek, Queens Lake, together with their creeks, bays and tributaries upstream from the North Haven Bridge and the whole of the waters of Camden Haven Inlet, Watson Taylors Lake and Camden Haven River together with their creeks, bays and tributaries upstream from the Dunbogan Bridge.	Any species of fish.	Any method involving the use of a meshing net by the method of setting.	The period from September in any year to May in the next year (both months inclusive).
Camden Haven River—Prawn Nets
The whole of the waters of Stingray Creek, Queens Lake, together with their creeks, bays and tributaries upstream from the North Haven Bridge and the whole of the waters of Camden Haven Inlet, Watson Taylors Lake and Camden Haven River together with their creeks, bays and tributaries upstream from the Dunbogan Bridge.	Any species of fish.	Any method involving the use of the following— (a)  a prawn net (hauling), (b)  a prawn net (set pocket), (c)  a seine net (prawns), (d)  a push or scissor net (prawns).	The period from June to August in each year (both months inclusive).
Camden Haven River—Hauling Net (General Purpose)
The whole of the waters of Stingray Creek, Queens Lake, together with their creeks, bays and tributaries upstream from the North Haven Bridge and the whole of the waters of Camden Haven Inlet, Watson Taylors Lake and Camden Haven River together with their creeks, bays and tributaries upstream from the Dunbogan Bridge.	Any species of fish.	Any method involving the use of a hauling net (general purpose).	All year.
Manning River—Prawn Nets
The whole of the waters of the Manning River and its tributaries, from its source to its confluence with the South Pacific Ocean.	Any species of fish.	Any method involving the use of a prawn net (hauling): Manning River.	The period from June to August in each year (both months inclusive).
Manning River—Weekend Netting
The whole of the waters of the Manning River and its tributaries, from its confluence with the South Pacific Ocean upstream to its source.	Any species of fish.	Any method involving the use of the following— (a)  a garfish net (bullringing), (b)  a hauling net (general purpose), (c)  a prawn net (hauling): Manning River, (d)  a meshing net.	During the period from September to November (both months inclusive): 6pm Friday to 6pm Sunday in each week. During the period from December to March in the following year (both months inclusive): 6pm Friday to 7pm Sunday in each week. During the period from April to August (both months inclusive): 6pm Friday to 4pm Sunday in each week. On any public holiday: from official sunrise to official sunset.
Manning River—Set Meshing Net
The whole of the waters of the Manning River and its tributaries, upstream from a line drawn from Peters Wharf on the northern bank of the river, generally southerly to the southern bank and intersecting the westernmost point of Dumaresq Island.	Any species of fish.	Any method involving the use of a meshing net, unless the net is used by the method of splashing (that is, shooting the net, immediately splashing and retrieving it as a continuous operation).	All year.
Manning River—Upper Reaches
The whole of the waters of the Manning River and tributaries, upwards to its source from a line drawn across the river at the junction of Cedar Party Creek, including that creek.	Any species of fish.	Any method involving the use of a net (other than a landing net).	All year.
Khappinghat Creek
The whole of the waters of Khappinghat Creek, together with all its tributaries, downstream from its source to its confluence with the South Pacific Ocean.	Any species of fish.	Any method involving the use of a net (other than a landing net).	All year.
Wallis Lake
That part of Wallis Lake known as Minimbah Creek upstream from its confluence with Wallis Lake.	Any species of fish.	Any method involving the use of a seine net (prawns).	All year.
That part of Wallis Lake known as Duck Gully Creek upstream from its confluence with Wallis Lake.	Any species of fish.	Any method involving the use of a seine net (prawns).	All year.
Wallis Lake—Nets and Traps
The whole of the waters within the following boundaries: Commencing at the entrance to Wallis Lake at the eastern extremity of the northern breakwater and bounded then by that breakwater and a part of the foreshores of the village of Tuncurry generally southerly to the prolongation of the western side of Wharf Street: then by a line bearing approximately 239 degrees to the north-eastern corner of Oyster Lease 71.295; then by a line bearing approximately 168 degrees to the north-western corner of Oyster Lease 70.434 and by a line bearing approximately 155 degrees across the water to the south-western corner of Oyster Lease 57.295 on Godwin Island; then by the northern foreshore of that island north-easterly to its most northern point; then by a line bearing 60 degrees to the foreshore of the village of Forster at the prolongation of the southern boundary of Section 27; then by that foreshore generally northerly to the southern breakwater, by that breakwater north-easterly to its eastern extremity and by a line across the entrance to the point of commencement.	Any species of fish.	Any method involving the use of a net or trap, other the following— (a)  a dip or scoop net (prawns), (b)  a landing net.	All year.
Wallis Lake—Weekend Netting
The whole of the waters of Wallis Lake and its creeks and tributaries, inlets and bays, including Wallamba, Wang Wauk, Wallingat and Coolongolook Rivers, upstream of its confluence with the South Pacific Ocean.	Any species of fish.	Any method involving the use of a net, other than the following— (a)  a dip or scoop net (prawns), (b)  a push or scissor net (prawns), (c)  a hand-hauled prawn net, (d)  a prawn net (set pocket), (e)  a landing net. (f)    (Repealed)	The period from November in any year to February in the next year (both months inclusive): 4pm Friday to 6pm Sunday in each week. The period from March to May in each year (both months inclusive): 4pm Friday to 4pm Sunday in each week. The period from September to October in each year (both months inclusive): 4pm Friday to 4pm Sunday in each week.
Wallis Lake—Winter Prawning
The whole of the waters of Wallis Lake and its creeks and tributaries, inlets and bays, including Wallamba, Wang Wauk, Wallingat and Coolongolook Rivers, upstream of its confluence with the South Pacific Ocean.	Any species of prawns.	Any method.	The period from June to August in each year (both months inclusive).
Wallis Lake (Forster Keys Canal Estate)—Nets
The whole of the canal waters of Forster Keys Canal Estate, adjacent to (but not including) Pipers Creek, contained within the following— (a)  a line drawn from the southwest corner of Lot No 7026 Kenrose Street to the northwest corner of Lot No 7142 Wyuna Place, (b)  a line drawn from the southwest corner of Lot No 1 Wyuna Place to the northwest corner of Lot No 87 Elouera Crescent, (c)  a line from the southeast corner of Lot No 160 Elizabeth Parade to the southwest corner of Lot No 116 Sirius Key.	Any species of fish.	Any method involving the use of a net, other than the following— (a)  a dip or scoop net (prawns), (b)    (Repealed) (c)  a landing net.	All year.
Wallamba River—Nets
The whole of the waters of Wallamba River and its tributaries, upstream to its source from the Pacific Highway bridge at Nabiac.	Any species of fish.	Any method involving the use of a net (other than a landing net).	All year.
Smith’s Lake—Weekend Netting
The whole of the waters of Smith’s Lake together with its inlets, bays and tributaries.	Any species of fish.	Any method involving the use of a net, other than the following— (a)  a prawn net (set pocket), (b)  a hand-hauled prawn net, (c)  a push or scissors net (prawns), (d)  a dip or scoop net (prawns), (e)  a landing net.	During the period from November in any year to February in the next year (both months inclusive)—from 4pm Friday to 6pm Sunday (but applying from 4am Friday if Friday is a public holiday and extended to 6pm Monday if Monday is a public holiday) and from 4am to 6pm on any other public holiday. During the period from March to May in each year (both months inclusive) and September to October in each year (both months inclusive)—from 4pm Friday to 4pm Sunday (but applying from 4am Friday if Friday is a public holiday and extended to 4pm Monday if Monday is a public holiday) and from 4am to 4pm on any other public holiday.
Smith’s Lake—Prawns
The whole of the waters of Smiths Lake together with its inlets, bays and tributaries.	Prawns.	Any method.	The period from June to August in each year (both months inclusive).
Myall Lake, Myall River, Boolambayte Lake and Boolambayte Creek
The whole of the waters of Myall Lakes, including Boolambayte Lake and the Bombah Broadwater, their creeks and tributaries north of the confluence of the Myall River with the Bombah Broadwater.	Any species of fish.	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, (e)  a meshing net, (f)  a hauling net (general purpose), (g)  a garfish net (bullringing).	All year.
Port Stephens—Salamander Bay
The whole of the waters of Salamander Bay, Port Stephens, south of a line from Corlette Point to Wanda Wanda or Round Head.	Any species of fish.	Any method involving the use of the following— (a)  a hauling net (general purpose), (b)  a garfish net (bullringing), (c)  a prawn net (hauling), (d)  a trumpeter whiting net (hauling).	All year.
Port Stephens—Hauling Net (General Purpose)
The whole of the waters of Port Stephens between a line drawn from the southern extremity of Yacaaba Head to the northern extremity of Tomaree Head and a line drawn from Barnes Rocks to Nelson Head.	Sea mullet (Mugil cephalus).	Any method involving the use of a hauling net (general purpose).	The period from November in any year to January in the next year (both months inclusive).
Port Stephens—Shoal Bay
The whole of the waters of Shoal Bay commencing from the boat launching ramp opposite the north-eastern corner of land portion 141 in a westerly direction along the foreshore of that bay to a point opposite the main gate of the caravan park, then proceeding 900 metres due north, then due east to a point due north of the boat ramp, then south to the point of commencement.	Any species of fish.	Any method involving the use of the following— (a)  a hauling net (general purpose), (b)  a trumpeter whiting net (hauling), (c)  a garfish net (bullringing), (d)  a garfish net (hauling), (e)  a prawn net (hauling), (f)  a meshing net.	All year.
Port Stephens—Set Mesh Nets
That part of the waters of Port Stephens described as follows— (a)  the waters of Shoal Bay south of a line drawn from the Nelson Head navigation light to the Tomaree Head navigation light, (b)  the waters north of the line drawn from the Corrie Island navigation light to the southern extremity of Yacaaba Head and closed by a line from the Corrie Island navigation light to the western extremity of Winda Woppa, excluding that part of the waters that is within the area described as Jimmys Beach sanctuary zone by the Marine Parks (Zoning Plans) Regulation 1999, (c)  the waters west of a line drawn from the eastern extremity of Kangaroo Point to the eastern extremity of Wanda Wanda Head.	Any species of fish.	Any method involving the use of a meshing net, except if the net is used by the method of splashing for no longer than 2 hours in a single operation of the net.	The period from April to August in each year (both months inclusive).
Hunter River (South Channel)—Shellfish
The whole of the waters of the ‘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.	Any species of shellfish (Class: GASTROPODA . BIVALVIA).	Any method.	All year.
Hunter River—Nets and Traps
The whole of the waters of the Hunter River and its tributaries, from the Fitzgerald Bridge at Raymond Terrace, upstream to the junction of the Hunter and Paterson Rivers.	Any species of fish.	Any method involving the use of a net or trap, other than the following— (a)  a meshing net not exceeding 200 metres in length used by the method of splashing (that is, shooting the net, immediately splashing and retrieving it as a continuous operation), (b)  a dip or scoop net (prawns), (c)  a landing net.	All year.
Hunter River—Prawn Nets
The whole of the waters of the Hunter River, together with all its creeks, tributaries and inlets, from a line drawn south-westerly from the boat ramp adjacent to Punt Road, Stockton, to the eastern extremity of the State Dockyard (Dyke Point), upstream to its junction with the Williams River.	Any species of fish.	Any method involving the use of the following— (a)  a prawn net (hauling), (b)  a hand-hauled prawn net, (c)  a push or scissor net (prawns).	During the period extending from the date the trawl season for the Hunter River area finishes to the date the trawl season for the Hunter River area commences, as set out in clause 16 of the Appendix to the Fisheries Management (Estuary Prawn Trawl Share Management Plan) Regulation 2006.
Hunter River (Upper Reaches) and Paterson River
The whole of the waters of the Hunter and Paterson Rivers and their tributaries, upstream from a line drawn across the Hunter River at the junction of those rivers.	Any species of fish.	Any method, other than the following— (a)  a hand held line, (b)  a dip or scoop net (prawns), (c)  a landing net.	All year.
Hunter River (Lower Reaches)—Nets
The whole of the waters of the Hunter River from its confluence with the South Pacific Ocean, upstream to a line drawn south-westerly from the boat ramp adjacent to Punt Road, Stockton, to the eastern extremity of the State Dockyard (Dyke Point), including Throsby and Carrington Basins.	Any species of fish.	Any method involving the use of a net, other than the following— (a)  a dip or scoop net (prawns), (b)  a landing net, (c)  a hauling net (general purpose) when used at Little Park Beach and Horse Shoe Beach only.	All year.
Williams River (Lower Reaches)—Nets and Traps
The whole of the waters of the lower Williams River upstream to the James Scott Bridge at Seaham.	Any species of fish.	Any method involving the use of a net or trap, other than the following— (a)  a meshing net not exceeding 200 metres in length used by the method of splashing (that is, shooting the net, immediately splashing and retrieving it as a continuous operation), (b)  a dip or scoop net (prawns), (c)  a landing net.	All year.
Williams River (Upper Reaches)—Nets and Traps
The whole of the waters of the Williams River and its tributaries, from the James Scott Bridge at Seaham, upstream to the weir (extent of tidal influence).	Any species of fish.	Any method, other than the following— (a)  a hand held line, (b)  a dip or scoop net (prawns), (c)  a landing net.	All year.
Throsby Creek—Shellfish
The whole of the waters of Throsby Creek and its tributaries, upstream from the Cowper Street road bridge.	Any species of the following— (a)  shellfish (Class: GASTROPODA / BIVALVIA), (b)  crustaceans (Phylum: CRUSTACEA).	Any method.	All year.
Throsby Creek—Nets and Traps
The whole of the waters of Throsby Creek and its tributaries, upstream from the Cowper Street road bridge.	Any species of fish.	Any method, other than the following— (a)  a hand held line, (b)  a landing net.	All year.
Tuggerah Lakes
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 south-westerly from the north-western corner of portion 39 in the parish of Wallarah, then north-westerly to 33°19.410′S, 151°30.293′E (NSW Maritime Navigation Aid Number 096), then north- westerly 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 south-westerly to 33°19.225′S, 151°29.589′E (NSW Maritime Navigation Aid Number 092), then south-westerly to 33°19.636′S, 151°29.134′E (NSW Maritime Navigation Aid Number 091), then south-westerly 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 south-easterly to 33°20.220′S, 151°29.235′E (NSW Maritime Navigation Aid Number 088), then south-easterly to 33°20.364′S, 151°29.300′E (NSW Maritime Navigation Aid Number 087), then south-easterly 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.	Any species of fish.	Any method involving the use of a net or a trap, other than the following— (a)  a prawn net (set pocket), (b)  a landing net, (c)  a dip or scoop net (prawns).	All year.
Lake Munmorah—Nets
The whole of the waters of Budgewoi Creek, together with all its tributaries, extending upstream from the Traffic Road Bridge to the Pedestrian Bridge at the entrance to Lake Munmorah.	Any species of fish.	Any method involving the use of a net, other than the following— (a)  a dip or scoop net (prawns), (b)  a landing net.	All year.
Budgewoi Lake and Lake Munmorah—Hauling Nets
The whole of the waters of Budgewoi Lake and Lake Munmorah, together with all their creeks and tributaries, north of the Wallarah Point Bridge between Gorokan and Toukley.	Any species of fish.	Any method involving the use of a hauling net (general purpose).	All year.
Tuggerah Lakes (Canton Beach)—Nets
The whole of the waters of that part of Tuggerah Lake north-east of a line drawn from the south-western corner of Lot 63 Main Road, Toukley to the north-western corner of portion 155, Parish of Wallarah (the north-western corner of Camp Toukley).	Any species of fish.	Any method involving the use of a net, other than the following— (a)  a dip or scoop net (prawns), (b)  a push or scissors net (prawns), (c)  a hand-hauled prawn net, (d)    (Repealed) (e)  a landing net.	The period from December in any year to February in the next year (both months inclusive).
Tuggerah Lakes—Meshing Nets
The whole of the waters of that part of Tuggerah Lake generally east and south of a line drawn north-north-easterly from the prolongation of Aubrey Street, Killarney Vale 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 south-easterly to 33°20.220′S, 151°29.235′E (NSW Maritime Navigation Aid Number 088), then south-easterly to 33°20.364′S, 151°29.300′E (NSW Maritime Navigation Aid Number 087), then south-easterly to the entrance of the drain on the eastern shore of Tuggerah Lakes (near Fairview Avenue) at 33°20.489′S 151°29.415′E.	Any species of fish.	Any method involving the use of the following— (a)  a flathead net, (b)  a meshing net, unless the net is used by the method of splashing (that is, shooting the net, immediately splashing and retrieving it as a continuous operation).	All year.
Tuggerah Lakes (Long Jetty to Parry’s Jetty)—Nets
The whole of the waters of that part of Tuggerah Lake lying between Long Jetty and Watkins Jetty and between Watkins Jetty and Parry’s Jetty and bounded on the lake side by a line joining the outer extremities of those jetties.	Any species of fish.	Any method involving the use of a net, other than the following— (a)  a prawn running net, (b)  a dip or scoop net (prawns), (c)  a push or scissors net (prawns), (d)    (Repealed) (e)  a hand-hauled prawn net, (f)  a landing net.	The period from November in any year to April in the next year (both months inclusive).
Tuggerah Lakes—Seine Net (Prawns)
The whole of the waters of Tuggerah Lakes (including Tuggerah, Budgewoi and Munmorah Lakes), together with their creeks and tributaries.	Any species of fish.	Any method involving the use of the following— (a)  a seine net (prawns), (b)  a try net (prawns).	The period from sunset to sunrise.
Wyong Creek—Set Meshing Net
The whole of the waters of Wyong Creek and its tributaries upstream of its confluence with Tuggerah Lake.	Any species of fish.	Any method involving the use of a meshing net, unless the net is used by the method of splashing (that is, shooting the net, immediately splashing and retrieving it as a continuous operation).	The period from 15 May to 31 August (both dates inclusive) in each year.
Ourimbah River—Set Meshing Net
The whole of the waters of Ourimbah River and its tributaries upstream of its confluence with Tuggerah Lake.	Any species of fish.	Any method involving the use of a meshing net, unless the net is used by the method of splashing (that is, shooting the net, immediately splashing and retrieving it as a continuous operation).	The period from 15 May to 31 August (both dates inclusive) in each year.
Brisbane Water (Saratoga Area)—Shellfish
The whole of the waters of Brisbane Water from 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.	Any species of shellfish (Class: GASTROPODA / BIVALVIA).	Any method.	All year.
Brisbane Water (Ettalong)—Digging
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.	Any species of fish.	Any method involving the use of a spade or fork.	All year.
Brisbane Water (Cockle Creek)—Digging
The whole of the waters and intertidal zone of Brisbane Water, upstream to its source, from a line drawn from a post located at the high water mark at 33°29.418′S 151°29.354′E near the western end of Oyster Lease 76-199, adjacent to Myler Avenue (suburb of Empire Bay), generally north-westerly 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).	Any species of fish.	Any method involving the use of a spade or fork.	All year.
Pittwater—Weekend Netting
The whole of the waters of Pittwater, its creeks, tributaries and inlets, south of a line drawn from the western extremity of Barrenjoey Head, to the eastern extremity of West Head.	Any species of fish.	Any method involving the use of a net, other than the following— (a)  a dip or scoop net (prawns), (b)  a push or scissor net (prawns), (c)  a hand-hauled prawn net, (d)    (Repealed) (e)  a landing net.	The period from 8am Saturday to 8pm Sunday, and the period from 8am to 8pm on any day that is a public holiday.
Pittwater—Hauling Net (General Purpose)
The whole of the waters of Pittwater (south of a line drawn from the western extremity of Barrenjoey Head, to the eastern extremity of West Head), its creeks, tributaries and inlets, excluding— (a)  the waters adjacent to the eastern shore of Pittwater which are north of Beach Road (suburb of Palm Beach), and (b)  the area of the western foreshore of Pittwater, between West Head and a post marked “FD” on a rock face adjacent to the first bay on the northern side of Towlers Bay.	Any species of fish.	Any method involving the use of a hauling net (general purpose) when aided by a power winch.	All year.
Pittwater—Meshing Nets
The whole of the waters of that part of Pittwater, its creeks, tributaries and inlets, enclosed by a line drawn from the western extremity of Barrenjoey Head, to the eastern extremity of West Head, upstream (south) to a line drawn from the western-most extremity of Taylor’s Point to the southern-most extremity of Longnose Point.	Any species of fish.	Any method involving the use of a meshing net.	The period from January to June (both months inclusive) in each year.
Pittwater (Coasters Retreat and The Basin)—Nets
The whole of the waters of Pittwater known as Coasters Retreat and The Basin, enclosed by a line drawn on a bearing of 292 degrees, from a wharf (known as Bennetts Wharf) located approximately 400 metres south-west of Soldiers Point, to a small prolongation of the foreshore at the southern end of Top Beach.	Any species of fish.	Any method involving the use of a net, other than the following— (a)  a dip or scoop net (prawns), (b)  a push or scissors net (prawns), (c)  a hand-hauled prawn net, (d)  a landing net.	All year.
Hawkesbury River—Brisbane Water/Broken Bay
The whole of the waters of Brisbane Water or any of its tributaries and Broken Bay north of a line drawn from Little Box Head to Green Point.	Any species of fish.	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.	All year.
Hawkesbury River (Patonga Creek)—Weekend Netting
The whole of the waters of Patonga Creek, its creeks, tributaries and inlets, upstream of its confluence with the Hawkesbury River, being a line drawn north-easterly from the easternmost foreshore corner of Oyster Farm no. 59-30 (section 2), on the western foreshore, to the southernmost extremity of the reserve on the opposite foreshore.	Any species of fish.	Any method involving the use of a net (other than a landing net).	The period from 12pm Friday to 6pm Sunday in each week.
Hawkesbury River (Patonga Creek)—Meshing Net and Hauling Nets
The whole of the waters of Patonga Creek, its creeks, tributaries and inlets, upstream of its confluence with the Hawkesbury River, being a line drawn north-easterly from the easternmost foreshore corner of Oyster Farm no. 59-30 (section 2), on the western foreshore, to the southernmost extremity of the reserve on the opposite foreshore.	Any species of fish.	Any method involving the use of the following— (a)  a meshing net, (b)  a hauling net (general purpose), (c)  a prawn net (hauling), (d)  a hand-hauled prawn net, (e)  a pilchard, anchovy and bait net (hauling), (f)  a garfish net (bullringing).	All year.
Hawkesbury River (Mooney Mooney Creek)—Weekend Netting
The whole of the waters of Mooney Mooney Creek, its creeks, tributaries and inlets upstream to its source from the Pacific Highway bridge.	Any species of fish.	Any method involving the use of a net (other than a landing net).	The period from 6pm Friday to 6pm Sunday in each week, or 6pm Friday to 6pm the following Monday if Monday is a public holiday.
Hawkesbury River (Mooney Mooney Creek)—Set Meshing Net
The whole of the waters of Mooney Mooney Creek upstream from a line drawn across Mooney Mooney Creek due west from the most north-west point of land on the southern entry to Piles Creek, to the opposite shore (including Piles Creek).	Any species of fish.	Any method involving the use of a meshing net, unless the net is used by the method of splashing (that is, shooting the net, immediately splashing and retrieving it as a continuous operation).	The period from 15 May to 31 August in each year (both dates inclusive).
Hawkesbury River (Cowan Creek and Jerusalem Bay)—Nets
The whole of the waters of Cowan Creek, its creeks, tributaries and inlets (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.	Any species of fish.	Any method involving the use of a net (other than a landing net).	All year.
Hawkesbury River (Berowra Creek)—Set Meshing Net
The whole of the waters of Berowra Creek upstream from the Berowra Waters vehicular ferry.	Any species of fish.	Any method involving the use of a meshing net, unless the net is used by the method of splashing (that is, shooting the net, immediately splashing and retrieving it as a continuous operation).	The period from 15 May to 31 August in each year (both dates inclusive).
Hawkesbury River (Berowra Creek)—Weekend Netting
The whole of the waters of Berowra Creek (also known as Berowra Waters), its creeks, tributaries and inlets, upstream (south) of a line drawn from the most north-eastern extremity of the southern entry of Marra Marra Creek, to the most south-western extremity of Morgans Point.	Any species of fish.	Any method involving the use of a net, other than the following— (a)  a dip or scoop net (prawns), (b)  a push or scissors net (prawns), (c)  a hand-hauled prawn net, (d)  a landing net. (e)    (Repealed)	The period from 6pm Friday to 6pm Sunday in each week, or 6pm Friday to 6pm the following Monday if Monday is a public holiday.
Hawkesbury River (Mangrove Creek)—Set Meshing Net
The whole of the waters of Mangrove Creek upstream from a line drawn across Mangrove Creek due west from the most north-western corner of portion 84 on the southern entry of Popran Creek, to the opposite shore.	Any species of fish.	Any method involving the use of a meshing net, unless the net is used by the method of splashing (that is, shooting the net, immediately splashing and retrieving it as a continuous operation).	The period from 15 May to 31 August in each year (both dates inclusive).
Hawkesbury River (Upper Reaches)—Prawn Net (Hauling)
The whole of the waters of the Hawkesbury River, its creeks, tributaries and inlets, upstream to its source from the vehicular ferry crossing at Wisemans Ferry.	Any species of fish.	Any method involving the use of a prawn net (hauling).	All year.
Hawkesbury River (Upper Reaches)—Set Meshing Net
The whole of the waters of the Hawkesbury River and its tributaries upstream of a line drawn across the river from the most northerly point of portion 29 at the head of Sentry Box Reach, to the opposite shore adjacent to the starboard hand navigation marker.	Any species of fish.	Any method involving the use of a meshing net, unless the net is used by the method of splashing (that is, shooting the net, immediately splashing and retrieving it as a continuous operation).	The period from 15 May to 31 August in each year (both dates inclusive).
Hawkesbury River (Upper Reaches)—Nets
The whole of the waters of the Hawkesbury River, its creeks, tributaries and inlets, upstream to its source from the road bridge at Windsor.	Any species of fish.	Any method involving the use of a net (other than a landing net).	All year.
Port Hacking—Nets and Traps
The whole of the waters of Port Hacking or its tributaries to the westward of a line drawn southerly from the southernmost extremity of Hungry Point to the northernmost extremity of Cabbage Tree or Pulpit Point.	Any species of fish.	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.	All year.
Port Hacking—Gunnamatta Bay
The whole of the waters of that part of Port Hacking being Gunnamatta Bay, together with all the creeks, tributaries and inlets of that part north of a line extending north easterly from the southernmost extremity of Burrameer (Burraneer) Point to the southernmost extremity of Hungry Point.	All species of the following— (a)  worms (Class: POLYCHAETA), (b)  nippers (Family: CALLIANASSIDAE), (c)  shellfish (Class: GASTROPODA/BIVALVIA).	Any method.	All year.
Port Hacking—Simpson’s Bay Beach to Costens Point
The whole of the foreshore of Port Hacking from the east end of Simpson’s Bay Beach generally west to the most northern end of Costens Point (including the foreshore extending from the mean high water mark, to 100 metres horizontally seaward from the mean low water mark).	All species of shellfish (Class: GASTROPODA/BIVALVIA).	Any method.	All year.
Spring Creek
The whole of the waters of Spring Creek and its tributaries upstream from its confluence with the South Pacific Ocean.	Any species of fish.	Any method involving the use of the following— (a)  a hauling net (general purpose), (b)  a garfish net (bullringing), (c)  a meshing net.	All year.
Towradgi Creek
The whole of the waters of Towradgi Creek and its tributaries upstream from its confluence with the South Pacific Ocean.	Any species of fish.	Any method involving the use of the following— (a)  a hauling net (general purpose), (b)  a garfish net (bullringing), (c)  a meshing net.	All year.
Lake Illawarra
The whole of the waters of that part of the entrance to Lake Illawarra from the confluence of Lake Illawarra and the South Pacific Ocean upstream to a line drawn from the north-western corner of portion 44 in the parish of Wollongong; then by lines bearing 291 degrees 30 minutes 333 metres 228 degrees 57 minutes 174 metres and 191 degrees 30 minutes 718 metres, respectively, to a post marked broad-arrow over FD on the north-western shore of Bevan’s Island; then by that shore of that island bearing generally south-westerly, in all about 233 metres to a point marked broad-arrow over FD at the westernmost extremity of that island, and then by a line bearing approximately 205 degrees about 565 metres to a peg marked broad-arrow over E on the southern shore of Lake Illawarra.	Any species of fish.	Any method involving the use of a net or a trap, other than the following— (a)  a prawn net (set pocket), (b)  a landing net, (c)  a dip or scoop net (prawns).	All year.
Lake Illawarra—Weekend Netting
The whole of the waters of that part of Lake Illawarra its creeks and tributaries upstream of a line drawn from the north-western corner of portion 44 in the parish of Wollongong; then by lines bearing 291 degrees 30 minutes 333 metres 228 degrees 57 minutes 174 metres and 191 degrees 30 minutes 718 metres, respectively, to a post marked broad-arrow over FD on the north-western shore of Bevans Island, then by that shore of that island bearing generally south-westerly, in all about 233 metres to a point marked broad-arrow over FD at the westernmost extremity of that island, and then by a line bearing approximately 205 degrees about 565 metres to a peg marked broad-arrow over E on the southern shore of Lake Illawarra.	Any species of fish.	Any method involving the use of a net, other than the following— (a)  a prawn running net, (b)  a dip or scoop net (prawns), (c)  a push or scissors net (prawns), (d)  a hand-hauled prawn net, (e)  a landing net.	During the period from May to August in each year (both months inclusive): from 8am Saturday to 5pm Sunday, and from 8am to 5pm on each public holiday. During the period from September in any year to April in the next year (both months inclusive): from 8am Saturday to 6pm Sunday, and from 8am to 6pm on each public holiday.
Lake Illawarra—Set Meshing Net
The whole of the waters of Lake Illawarra, together with its creeks and tributaries, from its confluence with the South Pacific Ocean.	Any species of fish.	Any method involving the use of a meshing net, unless the net is used by the method of splashing (that is, shooting the net, immediately splashing and retrieving it as a continuous operation).	The period from October in any year to March in the next year (both months inclusive).
Lake Illawarra—Hauling Nets
The whole of the waters of Lake Illawarra, together with its creeks and tributaries, from its confluence with the South Pacific Ocean.	Any species of fish.	Any method involving the use of a hauling net (general purpose).	The period from December in any year to February in the next year (both months inclusive).
Lake Illawarra (Bevans Island)—Set Meshing Net
The whole of the waters of Lake Illawarra within the following boundaries; commencing at a point on a line bearing 291 degrees 30 minutes and distant 78.2m from the north-western corner of portion 44 (parish of Wollongong) and bounded then by lines bearing— 291°30′, 365.8m 228°57′, 174.7m 191°30′, 365.8m 281°30′, 274.3m 11°30′, 458.8m 48°57′, 434.2m 111°30′, 532.4m and then 201°30′, 274.3m to the point of commencement.	Any species of fish.	Any method involving the use of a meshing net, unless the net is used by the method of splashing (that is, shooting the net, immediately splashing and retrieving it as a continuous operation).	All year.
Lake Illawarra (Mullet Creek)—Nets
The whole of the waters of Mullet Creek, together with its creeks and tributaries, from its confluence with Lake Illawarra upstream to its source.	Any species of fish.	Any method involving the use of a net, other than the following— (a)  a meshing net, (b)  a landing net.	All year.
Macquarie Rivulet
The whole of the waters of Macquarie Rivulet, together with its creeks, inlets and tributaries, from its confluence with Lake Illawarra upstream to its source.	Any species of fish.	Any method, other than the following— (a)  a hand held line, (b)  a landing net.	All year.
Minnamurra River
The whole of the waters of Minnamurra River, its creeks and tributaries from its source downwards to the South Pacific Ocean.	Any species of fish.	Any method involving the use of a net, other than the following— (a)  a dip or scoop net (prawns), (b)  a landing net.	All year.
Werri Lagoon
The whole of the waters of Werri Lagoon, its bays and tributaries from its source to the South Pacific Ocean.	Any species of fish.	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 landing net.	All year.
Crooked River
The whole of the waters of the Crooked River and its tributaries from its source downwards to the South Pacific Ocean.	Any species of fish.	Any method involving the use of a net, other than the following— (a)  a dip or scoop net (prawns), (b)  a push or scissors net (prawns), (c)  a hand-hauled prawn net, (d)  a landing net.	All year.
Currambene Creek—Lady Denman Heritage Complex
The waters comprised in Lady Denman Heritage Complex Fish Enclosure in the Currambene Creek (Crown Lands reserve number R96376; Shoalhaven City Council reserve number BHU603).	Any species of fish.	Any method.	All year.
Shoalhaven River—Weekend Netting
The whole of the waters of the Shoalhaven River including its creeks, tributaries and inlets, from its confluence with the Crookhaven River upstream to its source.	Any species of fish.	Any method involving the use of a net, other than the following— (a)  a prawn net (hauling), (b)    (Repealed) (c)  a dip or scoop net (prawns), (d)  a push or scissors net (prawns), (e)  a hand-hauled prawn net, (f)  a landing net.	The period from May to August (both months inclusive): 8am Saturday to 5pm Sunday in each week, and 8am to 5pm on any weekday that is a public holiday. The period from September to April in the following year (both months inclusive): 8am Saturday to 6pm Sunday in each week, and 8am to 6pm on any weekday that is a public holiday.
Shoalhaven River Entrance—Nets
The whole of the waters of that part of the Shoalhaven River from its confluence with the South Pacific Ocean upstream to a line drawn on a bearing of 134 degrees from the western foreshore boundary of Lot 3, DP 14678 to a post on the southern bank of the river.	Any species of fish.	Any method involving the use of a net, other than the following— (a)    (Repealed) (b)  a dip or scoop net (prawns), (c)  a push or scissors net (prawns), (d)  a hand-hauled prawn net, (e)  a landing net.	All year.
Shoalhaven River—Set Meshing Net
The whole of the waters of the Shoalhaven River together with its bays, inlets and tributaries, from the Princes Highway road bridge upstream to the confluence with Calymea Creek (excluding Calymea Creek).	Any species of fish.	Any method involving the use of a meshing net, unless the net is used by the method of splashing (that is, shooting the net, immediately splashing and retrieving it as a continuous operation), or unless the net is set for a period of no more than 3 hours.	The period from June to September (both months inclusive) in each year.
Shoalhaven River (Broughton Creek)—Set Meshing Net
The whole of the waters of Broughton Creek and its tributaries, upstream of Black Forest Bridge (Bolong Road).	Any species of fish.	Any method involving the use of a meshing net, unless the net is used by the method of splashing (that is, shooting the net, immediately splashing and retrieving it as a continuous operation).	The period from 15 May to 31 August in each year (both dates inclusive).
Shoalhaven River (Calymea Creek)—Set Meshing Net
The whole of the waters of that part of the Shoalhaven River and its tributaries, upstream from a line drawn across the river at Calymea Creek (including Calymea Creek).	Any species of fish.	Any method involving the use of a meshing net, unless the net is used by the method of splashing (that is, shooting the net, immediately splashing and retrieving it as a continuous operation).	The period from 15 May to 31 August in each year (both dates inclusive).
Crookhaven River—Weekend Netting
The whole of the waters of the Crookhaven River including its creeks, tributaries and inlets, from its confluence with the South Pacific Ocean upstream to its source.	Any species of fish.	Any method involving the use of a net, other than the following— (a)  a prawn net (hauling), (b)    (Repealed) (c)  a dip or scoop net (prawns), (d)  a push or scissors net (prawns), (e)  a hand-hauled prawn net, (f)  a landing net.	The period from May to August (both months inclusive): 8am Saturday to 5pm Sunday in each week, and 8am to 5pm on any weekday that is a public holiday. The period from September to April in the following year (both months inclusive): 8am Saturday to 6pm Sunday in each week, and 8am to 6pm on any weekday that is a public holiday.
Crookhaven River Entrance—Traps and Set Meshing Nets
The whole of the waters of the Crookhaven River from its confluence with the South Pacific Ocean upstream to a line drawn from the western extremity of Orient Point, generally north-easterly to the south-eastern extremity of Haven Island, then generally easterly to the western extremity of the training wall of Comerong Island.	Any species of fish.	Any method involving the use of the following— (a)  a trap, (b)  a meshing net, unless the net is used by the method of splashing (that is, shooting the net, immediately splashing and retrieving it as a continuous operation).	All year.
Lake Wollumboola—Prawn Running Net
The whole of the waters of Lake Wollumboola north-east of a line drawn from a point on the southern shore of the Lake, marked by an electricity power pole, bearing 349 degrees to a point on the northern shore of the Lake marked by an electricity power pole.	Any species of fish.	Any method involving the use of a prawn running net.	All year.
Swan Lake—Nets
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 91m, then by a northerly line to a point 91m due west of a post marked “FD” on the said 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.	Any species of fish.	Any method involving the use of a net, other than the following— (a)  a dip or scoop net (prawns), (b)  a landing net.	All year.
Swan Lake—Prawn Running Net
The whole of the waters of Swan Lake south of a line drawn from the south-western corner of the Swan Lake Ski Club ramp to the south-eastern corner of the launching ramp at Harvey's Holiday Cabins and Camping (Cudmirrah).	Any species of fish.	Any method involving the use of a prawn running net.	All year.
Canal Lagoon or Berrara Creek—Nets
The whole of the waters of Canal Lagoon or Berrara Creek from their confluence with the South Pacific Ocean upstream to their source.	Any species of fish.	Any method involving the use of a net, other than the following— (a)  a dip or scoop net (prawns), (b)  a push or scissors net (prawns), (c)  a hand-hauled prawn net, (d)  a landing net.	All year.
Nerrindillah Creek
The whole of the waters of Nerrindillah Creek and its tributaries upstream from its confluence with the South Pacific Ocean.	Any species of fish.	Any method involving the use of the following— (a)  a hauling net (general purpose), (b)  a garfish net (bullringing), (c)  a meshing net.	All year.
Willinga Lake—Nets
The whole of the waters of Willinga Lake (including its entrance) together with all its creeks, inlets and bays.	Any species of fish.	Any method involving the use of a net, other than the following— (a)  a dip or scoop net (prawns), (b)  a landing net.	All year.
Moruya River—Weekend Netting
All of the waters of the Moruya River and its tributaries, from a line drawn between the eastern extremities of the northern and southern breakwaters at the entrance to the river, upstream to its source.	Any species of fish.	Any method involving the use of a net, other than the following— (a)  a dip or scoop net (prawns), (b)  a push or scissors net (prawns), (c)  a hand-hauled prawn net, (d)    (Repealed) (e)  a landing net.	During the period from November in any year to February in the next year (both months inclusive): from 6am Saturday to 8pm Sunday, or to 6pm Monday if Monday is a public holiday. During the period from March to October in each year (both months inclusive): from 6am Saturday to 6pm Sunday, or to 6pm Monday if Monday is a public holiday. On any weekday (other than a Monday) that is a public holiday: the period from 6am to 6pm.
Moruya River—Entrance
All of the waters of the Moruya River and its bays and tributaries, from a line drawn between the eastern extremities of the northern and southern breakwaters at the entrance to the river, upstream to a line drawn generally northerly from the western extremity of the southern training wall (adjacent to the boat launching ramp), to the left bank of what is locally known as Birch’s Creek at Garlandtown.	Any species of fish.	Any method involving the use of a net, other than the following— (a)  a dip or scoop net (prawns), (b)  a push or scissors net (prawns), (c)  a hand-hauled prawn net, (d)    (Repealed) (e)  a landing net.	All year.
Moruya River—Upper Reaches
All of the waters of the Moruya (or Deua) River and tributaries, including Wamban Creek, upstream from the Kiora Bridge to its source.	Any species of fish.	Any method involving the use of a net, other than a landing net.	All year.
Moruya River—Set Mesh Nets
All of the waters of the Moruya River and its tributaries, from the high voltage power lines crossing the river approximately 250 metres upstream of the junction with Mogendura Creek, upstream to the Kiora Bridge.	Any species of fish.	Any method involving the use of a meshing net, unless the net is used by the method of splashing (that is, shooting the net, immediately splashing and retrieving it as a continuous operation).	The period from 15 May to 31 August (both dates inclusive).
Wagonga Inlet
The whole of the waters of Wagonga Inlet and its tributaries westward of a line drawn north-west across the entrance from the northernmost extremity of Wagonga Head.	Any species of fish.	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).	All year.
Coila Lake
The whole of the waters of the Coila Lake south of a line drawn from a post on the southern extremity of land portion R.975, in a general westerly direction to a point on the southern shore of the lake being the boundary line between land portions 39 and 43.	Any species of fish.	Any method involving the use of a prawn running net.	All year.
Wallaga Lake—Weekend Netting
The whole of the waters of Wallaga Lake including its creeks, tributaries and lagoons.	Any species of fish.	Any method involving the use of a net, other than the following— (a)  a prawn running net, (b)  a dip or scoop net (prawns), (c)  a hand-hauled prawn net, (d)    (Repealed) (e)  a landing net, (f)  a push or scissors net (prawns).	During the period from November to February (both months inclusive): from 6am Saturday to 8pm Sunday, or to 6pm Monday if Monday is a public holiday. During the period from March to October (both months inclusive): from 6am Saturday to 6pm Sunday, or to 6pm Monday if Monday is a public holiday. On any weekday (other than a Monday) that is a public holiday: the period from 6am to 6pm.
Wallaga Lake—Blood Cockles
The whole of the waters of Wallaga Lake including its creeks, tributaries, inlets and bays.	Blood cockles (Anadara spp.).	Any method.	All year.
Wallaga Lake—Aborigines Bay
All of the waters of “Aborigines Bay”, north of a line drawn from the southernmost tip of Cemetery Point, directly east to the nearest point of land on the eastern side of “Aborigines Bay”.	Any species of fish.	Any method involving the use of a hauling net (general purpose).	All year.
Wallaga Lake—Beauty Point
That part of the waters of Wallaga Lake situated generally east of a line drawn from the western tip of Beauty Point to Regatta Point to the southern point of the elevated approach to the Wallaga Lake road bridge.	Any species of fish.	Any method involving the use of a hauling net (general purpose).	All year.
Wallaga Lake—Christmas Hauling
The whole of the waters of Wallaga Lake upstream from its confluence with the Pacific Ocean.	Any species of fish.	Any method involving the use of a hauling net (general purpose).	The period from 1 December to 31 January (both dates inclusive) in the next year.
Wallaga Lake—Set Mesh Nets
Meads Creek—to posts marked FD approximately 200 metres upstream of Neilson Bay.	Any species of fish.	Any method involving the use of a meshing net, unless the net is used by the method of splashing (that is, shooting the net, immediately splashing and retrieving it as a continuous operation).	The period from 15 May to 31 August (both dates inclusive) in each year.
Cuttagee Lake
The whole of the waters of Cuttagee Lake together with all its inlets and creeks west of the bridge across the entrance to Cuttagee Lake.	Any species of fish.	Any method involving the use of a hauling net (general purpose).	All year.
Wapengo Lake
The whole of the waters of that part of Wapengo Lake, its creeks, tributaries and inlets, 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 north-eastern (foreshore) corner of Oyster Farm No. 57-112, to the south-eastern (foreshore) corner of Oyster Farm No. 69-332.	Any species of fish.	Any method involving the use of a net, other than the following— (a)  a dip or scoop net (prawns), (b)  a landing net.	All year.
Wallagoot Lake—Meshing
The whole of the waters of Wallagoot Lake, its inlets, bays and creeks upstream from its confluence with the South Pacific Ocean.	Any species of fish.	Any method involving the use of a meshing net.	The period from November in any year to April in the next year (both months inclusive).
Wallagoot Lake—Garfish net (bullringing)
The whole of the waters of Wallagoot Lake, its inlets, bays and creeks upstream from its confluence with the South Pacific Ocean.	Any species of fish.	Any method involving the use of a garfish net (bullringing).	The period from September in any year to April in the next year (both months inclusive).
Wallagoot Lake—Various nets
The whole of the waters of Wallagoot Lake, its inlets, bays and creeks upstream from its confluence with the South Pacific Ocean.	Any species of fish.	Any method involving the use of a net, other than the following— (a)  a meshing net, (b)  a garfish net (bullringing), (c)  a dip or scoop net (prawns), (d)  a push or scissors net (prawns), (e)  a hand-hauled prawn net, (f)    (Repealed) (g)  a landing net.	All year.
Merimbula Lake—Shellfish
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.	Any species of shellfish (Class: GASTROPODA / BIVALVIA).	Any method.	All year.
Merimbula Lake—Nets
The whole of the waters of Merimbula Lake and its creeks and tributaries, upstream to its source from its confluence with the South Pacific Ocean.	Any species of fish.	Any method involving the use of a net, other than the following— (a)  a dip or scoop net (prawns), (b)  a push or scissors net (prawns), (c)  a hand-hauled prawn net, (d)  a landing net.	All year.
Bournda Lagoon
The whole of the waters of Sandy Beach Creek and Bournda Lagoon, together with all their inlets, creeks and tributaries.	Any species of fish.	Any method involving the use of a net, other than the following— (a)  a dip or scoop net (prawns), (b)  a landing net.	All year.

Schedule 2 Allocation of quota shares

1 Definitions

In this Schedule—

catch means the total amount of a particular species of fish taken by an eligible shareholder as determined by the Secretary under clause 2.

eligible shareholder means a holder of estuary general—hand gathering shares in any region who is an eligible shareholder within the meaning of clause 6BA of Part 3A for the class of quota shares concerned.

reporting period means—

(a)  for pipi quota shares—the period commencing on 1 July 2012 and ending on 30 June 2017 (both dates inclusive), and

(b)  for all other quota shares—the period commencing on 1 July 2009 and ending on 30 June 2017 (both dates inclusive).

2 Secretary to determine catch

(1)  For the purposes of each allocation formula in this Schedule, the Secretary is to determine the catch of pipi, ghost nipper, cockle and beachworm in accordance with this clause.

(2)  The catch of a species taken by an eligible shareholder is the catch attributable to a fishing business owned by the shareholder at 12 noon on 28 September 2018 and is to be determined on the basis of the records of fishing activities relating to the taking of that species that have been provided to the Secretary under sections 121 and 122 of the Act for the reporting period.

(3)  The Secretary is to—

(a)  disregard any catch taken during the reporting period that is attributable to a fishing business no longer owned by the shareholder at 12 noon on 28 September 2018, and

(b)  take account of any catch taken during the reporting period that is attributable to the shareholder because the shareholder acquired shares of the same class under special arrangements for fishing business buyouts during the Department’s program known as the Adjustment Subsidy Program.

(4)  For the purposes of determining the catch of a species taken by an eligible shareholder and by all eligible shareholders (referred to as C_i and C_a in the formula in clauses 4 and 5), the Secretary is to disregard the shareholder’s lowest catch of the species for a 12-month period (commencing on 1 July) taken within the reporting period.

3 Step 1—Allocation of quota shares among regions

The total number of quota shares for a particular species to be allocated to each region of the fishery is the number determined in accordance with the following formula—

 

where—

Q_r is the total number of quota shares for a particular species to be allocated to the region (“r”) of the fishery.

C_r is the total catch of the particular species in the region by all eligible shareholders for the reporting period.

C_ar is the total catch of the particular species in all regions of the fishery by all eligible shareholders for the reporting period.

Q_t is the total number of quota shares for the particular species issued under Part 3A (before any rounding under step 2).

4 Step 2—Allocation of pipi quota shares among eligible shareholders in a region

The number of pipi quota shares to be allocated to each eligible shareholder in a region is the number determined in accordance with the following formula—

 

where—

Q_i is the number of pipi quota shares to be allocated to the eligible shareholder rounded up to the nearest whole share.

S_r is the number of hand gathering shares held by the eligible shareholder for the region.

S_t is the total number of hand gathering shares held by all eligible shareholders for the region.

C_i is the total catch of pipi in the region by the eligible shareholder for the reporting period.

C_a is the total catch of pipi in the region by all eligible shareholders for the reporting period.

Q_r is the total number of pipi quota shares for the region as determined under clause 3 (before any rounding under this step).

5 Step 2—Allocation of other quota shares among eligible shareholders in a region

The number of quota shares for ghost nipper, cockle and beachworm to be allocated to each eligible shareholder in a region is the number determined in accordance with the following formula—

 

where—

Q_i is the number of quota shares for the particular species to be allocated to the eligible shareholder rounded up to the nearest whole share.

S_r is the number of hand gathering shares held by the eligible shareholder for the region.

S_t is the total number of hand gathering shares held by all eligible shareholders for the region.

C_i is the total catch of the particular species in the region by the eligible shareholder for the reporting period.

C_a is the total catch of the particular species in the region by all eligible shareholders for the reporting period.

Q_r is the total number of quota shares for the particular species for the region as determined under clause 3 (before any rounding under this step).

Schedule 3 Bag limits

(Clause 47A)

Column 1	Column 2	Column 3	Column 4
Species of fish	Daily limit and possession limit	Fishers to whom bag limit applies	Waters
Pipi (Donax deltoides).	0.	Holders of the following endorsements in any region— (a)  handline, (b)  meshing, (c)  prawning, (d)  trapping, (e)  mud crab trapping, (f)  category one hauling, (g)  category two hauling.	All waters.
Cockle spp. (Family: Arcidae/Veneridae).	0.	Holders of the following endorsements in any region— (a)  handline, (b)  meshing, (c)  prawning, (d)  trapping, (e)  mud crab trapping, (f)  category one hauling, (g)  category two hauling.	All waters.
Beachworm spp. (Class: Polychaeta).	0.	Holders of the following endorsements in any region— (a)  handline, (b)  meshing, (c)  prawning, (d)  trapping, (e)  mud crab trapping, (f)  category one hauling, (g)  category two hauling.	All waters.
Ghost nipper (Trypaea australiensis).	0.	Holders of the following endorsements in any region— (a)  handline, (b)  meshing, (c)  prawning, (d)  trapping, (e)  mud crab trapping, (f)  category one hauling, (g)  category two hauling.	All waters.
Bluespotted flathead. (Platycephalus caeruleopunctatus).	0.	Holders of the following endorsements in any region— (a)  handline, (b)  meshing, (c)  trapping, (d)  mud crab trapping, (e)  category one hauling.	All waters.

Appendix: Am 2007 (24), Sch 2.2; 2008 (232), Sch 2.1; 2008 (521), Sch 2.2 [1]–[4]; 2008 (522), Sch 2 [1]–[17]; 2009 (522), Sch 2.1 [1]–[15]; 2009 No 106, Sch 2.14; 2010 (114), Sch 1 [1]–[12]; 2010 No 59, Sch 2.34; 2011 (148), Sch 2 [1]–[12]; 2014 (356), Sch 2 [1]–[4]; 2014 (399), Sch 1.3; 2016 (403), Sch 1.3; 2017 (309), Sch 1 [1]–[5]; 2017 (308), Sch 1.3; 2017 (566), Sch 5 [1]–[3]; 2017 (615), Sch 1 [1]–[56]; 2018 (184), Sch 2 [1]–[6]; 2018 No 25, Sch 5.17; 2018 (322), Sch 1.3; 2018 (323), Sch 5 [1]–[5]; 2018 (539), Sch 1 [1]–[21]; 2021 (482), Sch 4[1]–[3]; 2022 (688), Sch 1[1] [2]; 2022 (13), Sch 3[1]–[8].