New South Wales Consolidated Acts

FISHERIES MANAGEMENT ACT 1994 - SECT 122

122 Records to be made by employers of commercial fishers

(1) A fishing employer must make such records as the regulations require in respect of fishing activities engaged in by a nominated fisher on behalf of the fishing employer.

(2) In particular, the regulations may require a record to be made of the following:

(a) particulars of all fishing activities engaged in by a nominated fisher on behalf of the fishing employer (including those where no fish were taken),

(b) particulars of all fish taken during those fishing activities,

(c) the location in which the fishing activities were carried out,

(d) the fishing gear used in connection with the fishing activities,

(e) any period in which the nominated fisher did not engage in any fishing activities on behalf of the fishing employer.

(3) The record must be made in such form and manner as is prescribed by the regulations or (subject to the regulations) as is approved by the Minister.

(4) A fishing employer who fails to make a record as required by this section is guilty of an offence.

Maximum penalty: In the case of a corporation, 500 penalty units or, in any other case, 200 penalty units.

(5) A nominated fisher who engages in any fishing activity on behalf of a fishing employer must not fail to provide the fishing employer with such information concerning those activities as the fishing employer may reasonably require to comply with this section.

Maximum penalty: 200 penalty units.

(6) A fishing employer who is required to make a record under this section must, if the regulations so require, ensure that a copy of the record is sent to the Director-General within such period as the regulations prescribe.

Maximum penalty: 10 penalty units.

(7) In this section:
"fishing employer" means a shareholder in a share management fishery, an owner of a fishing business, or any other person, who nominates a commercial fisher to take fish in a fishery on behalf of the shareholder, owner or other person.
"nominated fisher" of a fishing employer means a commercial fisher who is for the time being nominated by the fishing employer under this Act or the regulations to take fish in a fishery on behalf of the fishing employer.