Fisheries Management (Continuation of Activities in Lowland Darling River Catchment) Further Interim Order 2009



I, the Minister for Primary Industries, in pursuance of section 221IG of the Fisheries Management Act 1994, make the following Order.
Dated, this 17th day of December 2009.

STEVE WHAN, M.P.,Minister for Primary Industries
2   Commencement
This Order:
(a)  commences on the day on which it is published in the Gazette, and
(b)  has effect for 6 months, and
(c)  is repealed at the end of the last day on which it has effect.
4   Continuation of existing activities
(1)  The activities referred to in subclauses (2)–(4) may continue in the Lowland Darling River Catchment subject to compliance with any applicable fishing regulatory controls.
(2)  A recreational fisher may take from the Lowland Darling River Catchment any of the following species of fish, may possess any such species of fish taken from the Lowland Darling River Catchment, or may carry out any routine activity in connection with any such taking or possession:
(a)  Paratya australiensis (freshwater shrimp),
(b)  Macrobrachium australiense (freshwater prawn),
(c)  Caridina mccullochi (freshwater shrimp),
(d)  Cherax destructor (yabby),
(e)  Maccullochella peelii peellii (Murray Cod),
(f)  Macquaria ambigua (golden perch),
(g)  Nematalosa erebi (bony bream),
(h)  Leiopotherapon unicolor (spangled perch).
(3)  A person holding a commercial fishing licence that has a class A: Yabby and carp endorsement (transferable) in the inland restricted fishery may:
(a)  take Cherax destructor (yabby) from the Lowland Darling River Catchment, or
(b)  possess or sell yabby taken from the Lowland Darling River Catchment, or
(c)  carry out any routine activities in connection with any such taking, possession or sale.
(4)  A broodstock collector may take from the Lowland Darling River Catchment any of the following species of fish, may possess any such species of fish taken from the Lowland Darling River Catchment, or may carry out any routine activity in connection with any such taking or possession:
(a)  Maccullochella peellii peellii (Murray cod),
(b)  Macquaria ambigua (golden perch),
(c)  Cherax destructor (yabby).
(5)  In this clause:
applicable fishing regulatory controls means requirements imposed by or under the Fisheries Management Act 1994 that apply to or in respect of the activities concerned.
broodstock collector means a person who takes live fish under the authority of a permit issued under section 37 of the Fisheries Management Act 1994 for aquaculture purposes.
inland restricted fishery has the same meaning as in the Fisheries Management Regulation (General) Regulation 2002.
Lowland Darling River Catchment means the aquatic ecological community in the natural drainage system of the lowland catchment of the Darling River (described in the recommendation of the Fisheries Scientific Committee to list that aquatic ecological community, as the area covered by that recommendation).