New South Wales Consolidated Acts

FISHERIES MANAGEMENT ACT 1994 - SECT 20

20 Fish and waters protected from commercial fishing

(1) The regulations may declare that fish of a specified species are protected, absolutely or conditionally, from all or a class of commercial fishing.

(2) The regulations may declare specified waters to be waters in which all or a class of commercial fishing is prohibited absolutely or conditionally.

(3) A person who:

(a) takes fish of a species declared under subsection (1) in breach of the declaration, or

(b) takes fish from waters declared under subsection (2) in breach of the declaration, or

(c) sells fish taken in breach of a declaration under subsection (1) or (2),

is guilty of an offence.

Maximum penalty:

(a) in the case of an individual:

(i) 1,000 penalty units or imprisonment for 6 months (or both) for a first offence, or

(ii) 2,000 penalty units or imprisonment for 12 months (or both) for a second or subsequent offence, or

(b) in the case of a corporation:

(i) 2,000 penalty units for a first offence, or

(ii) 4,000 penalty units for a second or subsequent offence.

(4) The regulations may declare the sale of any species of fish that is protected from commercial fishing under subsection (1) to be prohibited absolutely.

(5) A person who sells fish of a species declared under subsection (4) is guilty of an offence.

Maximum penalty:

(a) in the case of an individual:

(i) 1,000 penalty units or imprisonment for 6 months (or both) for a first offence, or

(ii) 2,000 penalty units or imprisonment for 12 months (or both) for a second or subsequent offence, or

(b) in the case of a corporation:

(i) 2,000 penalty units for a first offence, or

(ii) 4,000 penalty units for a second or subsequent offence.

(6) Subsection (5) applies whether or not the fish were taken from waters to which this Act applies.

(7) A person cannot be found guilty of both an offence against subsection (3) (c) and an offence against subsection (5) in respect of the same sale.

(8) Nothing in this section limits the power of the Minister to make a fishing closure in relation to commercial fishing.