FISHERIES MANAGEMENT (GENERAL) REGULATION 2002

New South Wales Consolidated Regulations

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FISHERIES MANAGEMENT (GENERAL) REGULATION 2002

- Made under the Fisheries Management Act 1994
- As at 11 November 2009
- Reg 626 of 2002

TABLE OF PROVISIONS

PART 1 - PRELIMINARY

1. Name of Regulation
2. Commencement
3. Definitions
4. Notes
5. The management plan for a fishery prevails over this Regulation

PART 2 - PROTECTED FISH, PROTECTED WATERS, PROHIBITED SIZE FISH AND BAG LIMITS

Division 1 - Protected fish

6. Protected fish
7. Fish protected from commercial fishing
8. Defence-striped marlin

Division 1A - Protected waters

8A. Prohibition on certain classes of commercial fishing
8B. Prohibited classes of fishing-recreational and inland restricted fishery

Division 2 - Prohibited size fish

9. Prohibited size fish
10. Defence-taking of mullet for bait

Division 3 - Bag limits

11. Bag limits-taking of fish
12. Bag limits-possession of fish
13. General bag limit
14. Application of bag limits to commercial fishers
14A. Application of bag limits to charter fishing boat operations
15. Possession limits do not apply to persons in possession of fish for sale
Table. Bag limits

Division 4 - Special provisions relating to scallops

16. Definitions
17. Scallops taken by means of a dredge must be placed in approved sack or crate
18. Bag limits-scallops taken by means of a dredge

Division 5 - Miscellaneous

18A. Part does not authorise action contrary to prohibitions or other controls

PART 3 - FISHING GEAR

Division 1 - Lawful use of fishing gear generally
Note

19. Fishing gear cannot be used in contravention of other restrictions
20. Lawful use of fishing gear
20A. (Repealed)
20B. Use of certain fishing gear prohibited in vicinity of Fish Rock
21. (Repealed)

Division 2 - Registration

22. Registration of fishing gear
23. Applications for registration
24. Registration

Division 3 - Lawful commercial nets
Note

25. Definitions
26. Nets used in share management fisheries
27. Otter trawl net (fish)-southern fish trawl fishery
28. Danish seine trawl net (fish)-southern fish trawl fishery
29-45. (Repealed)

Division 4 - Lawful recreational nets

46. Application of Division
47. Spanner crab net
48. Hoop or lift net
49. Hand-hauled prawn net
50. Push or scissors net (prawns)
51. Dip or scoop net (prawns)
52. Hand-hauled yabby net
53. Landing net

Division 4A - Other lawful nets

53A. Beach safety meshing net

Division 5 - General provisions relating to lawful use of nets

54. (Repealed)
55. Joining of nets
56. Illegally reducing mesh size of nets
57. Monofilament and certain multi-strand nets prohibited
58. Method of dragging or drawing nets
58A, 58B. (Repealed)

Division 6 - Lawful traps
Note

59. Traps used in share management fisheries
60. Recreational lobster trap
61. Crab trap
62. Bait trap
63. Yabby trap
64. Shrimp trap
65. Eel trap

Division 7 - Miscellaneous

66. Set lines and hand held lines
67. Leaving hand held line unattended
68. Drift lines
69. Identification of set fishing gear
70. Scuba diving
71. Spear guns
72. Firearms
73. Taking of rock lobster
74. Taking of yabby, worms, pipis etc
75. Taking of shellfish by means of a dredge or similar device
76. Jagging or foul hooking of fish
77. Taking of Atlantic salmon or trout
78. Taking of groper
79. Restrictions on the sale of commercial nets
79A. (Repealed)
79B. Storage of eels
79C. Measuring length and mesh size of nets
79D. Measuring length and circumference of codend

PART 4 - PRIORITIES IN THE USE OF FISHING GEAR

Division 1 - Offences

80. Offence of fishing contrary to rights of priority
81. Commercial fishers must use fishing gear in accordance with this Part

Division 2 - Rights of priority between commercial and recreational fishers on recognised fishing grounds

82. Rights of priority between fishers on recognised fishing grounds

Division 3 - Rights of priority between commercial fishers in the use of nets generally

83. Priority between commercial fishers using nets in inland waters
84. Priority between commercial fishers using nets in waters other than inland waters
85. Minimum crew number for hauling to sea beaches
86. Division does not apply where rights of priority otherwise determined

Division 4 - Rights of priority between commercial fishers using prawn nets (set pocket)

87. General
88. Preliminary determination by local fisheries officer
89. Fishers to give notice of intention to use prawn nets
90. Special provisions relating to Myall River
91. Notice of priority determination
92. Local fisheries officer to make priority determination
93. Manner of determining rights of priority-Myall River
94. Manner of determining rights of priority-Clarence River
95. Manner of determining rights of priority-other waters
96. Manner of making priority determination-general
97. Notice of result of priority determination
98. General conditions of use of prawn net following priority determination
99. Prawn nets to be operated only by commercial fisher or crew

Division 5 - Rights of priority between fishers using prawn running nets

100. General
101. Preliminary determination by local fisheries officer
102. Priority between fishers using prawn running nets
103. General conditions relating to use of prawn running net following priority determination

Division 6 - Miscellaneous

104. This Part does not affect the conditions relating to lawful use of a net (Part 3)
105. Exemption from requirement to be personally present

PART 5 - MISCELLANEOUS PROVISIONS RELATING TO FISHERIES MANAGEMENT

Division 1 - Recognised fishing grounds

106. Identification of recognised fishing grounds

Division 2 - Interference with fishing activities and set fishing gear

107. Interference with fishing activities
108. Interference with set fishing gear
109. Lawful interference with set fishing gear
110. Wilfully disturbing fish
111. Interference with commercial fisher using line

Division 3 - Use of explosives, electrical devices and other dangerous substances

112. Dynamite and explosive substances
113. Permit to use explosives
114. Use of electrical devices prohibited in all waters
115. Permit to use electrical devices

Division 4 - (Repealed)
None

Division 4A - Tagging of eastern rock lobster taken for sale

116A. Eastern rock lobster not to be sold unless tag attached

Division 4B - Labelling of abalone for sale

116B. Abalone not to be sold unless labelled
116C. Abalone packaging not to be removed or damaged

Division 5 - Recreational fishing fee

117. Definition
118. Exempt bodies of water
119. Exempt fishers
119A. Prescribed fishing fees
120. Reductions in fishing fee for fishing in far north
121. Issue of replacement receipts
122. Additional classes of persons to whom fishing fee exemption certificates may be issued
123. Fishing fee exemption certificates: period for which in force
124. Fishing fee exemption certificates: fees
125. Amendment and cancellation of exemption certificates

Division 6 - Acquisition of commercial fishing entitlements

126. Constitution of compensation review panel

Division 7 - Miscellaneous

127. Prohibited lures and baits
128. Taking of octopus from rock platforms
128A. Taking of pipis for use as bait only
129. Shucking of intertidal invertebrates
130. Shucking of abalone
131. Mutilation of fish
132. Crayfish, rock lobsters, shovel-nosed lobsters and crabs carrying ova
133. Sorting charge for fish
133A. Fees for marine park permits under section 37 of the Act
133B. Contravention of condition of permit under section 37 of Act
133BA. Prescribed conditions of section 37 permits

PART 5A - FISHING BUSINESS TRANSFER RULES

Division 1 - Preliminary

133C. Definitions

Division 2 - Transfer of dual operator fishing businesses

133D. Surrender of fishing authority to be treated as transfer
133DA. Notice of transfer of external fishing authorities
133E. Transfer of external fishing authorities by dual operator fishing businesses

Division 3 - Transfer of restricted fishery endorsements

133F. Transfer of sea urchin and turban shell endorsements
133G. Transfer of southern fish trawl endorsements
133H. Effect of contravention

Division 4 - Transfer of shares

133I. Definitions
133J. Application of Division
133K. Transfer to owners in the same fishery
133L. Transfer to owners in other fisheries
133M. Other transfers
133N. Effect of contravention

Division 5 - Dealings in endorsements and shares

133O. Approval of transfers by Director-General
133P. Transferee owns more than one fishing business

Division 6 - General

133Q. Application of rules

PART 6 - COMMERCIAL SHARE MANAGEMENT FISHERIES

Division 1 - General

134. Persons prohibited from holding shares (section 49 (2) of the Act)
135. Determination of catch history
136. (Repealed)
137. Special endorsements to take fish in share management fishery
138. Transfers and other dealings in shares-general
139. Forfeiture of shares for failure to pay certain contributions
140. Making of appeals to Share Appeal Panel (section 84 of the Act)
141. Fee for registration of dealings in shares
142. Fee for inspection of Share Register and registered documents

Division 2 - Application of Part 3 of the Act to redefined share management fisheries

142A. Preliminary
142B. Consultation
142C. Identification of fishery and shareholders
142D. Appeals pending on share cancellation date
142E. Final issue of shares
142F. Continuation of limited access arrangements
142G. Continuation of endorsements, nominations and regulations relating to existing fisheries

PART 7 - LICENSING AND OTHER COMMERCIAL FISHERIES MANAGEMENT

Division 1 - Commercial fishing licences

143. Who may hold commercial fishing licence
144. Fee for application for issue of commercial fishing licence
145. Grounds for refusal to issue commercial fishing licence to otherwise eligible applicant
146. Prescribed conditions of commercial fishing licence
146A. (Repealed)
147. Renewal of commercial fishing licence
147A. Early renewal of licences-transitional arrangements to facilitate uniform licence expiry date of 30 June
147B. Issue of class 3 licences to registered crew-transitional arrangements to facilitate uniform licence expiry date of 30 June
148. Grounds for suspension or cancellation of licence
149. Classes of commercial fishing licences
150-150B. (Repealed)
150C. Annual contribution by participants in southern fish trawl restricted fishery
150D. Annual contribution by participants in sea urchin and turban shell restricted fishery

Division 2 - Boat licences

150E. Definition
151. Fee for application for issue of fishing boat licence
152. Grounds for refusal to issue fishing boat licence
152A. Form of licence
153. Prescribed conditions of fishing boat licences
154. Renewal of fishing boat licence
154A. Transitional arrangements to facilitate uniform licence expiry date of 30 June
155. (Repealed)
156. Grounds for suspension or cancellation of a fishing boat licence
157. Voluntary suspension of licence
157A. Change to identifying particulars of boat noted on licence
158. Transfer of right to a fishing boat licence
159. Boats taken to be licensed under the Act
159A. Compliance with maximum boat specifications
160. Only licensed boats may be marked “LFB”

Division 3 - Provisions relating to crew members

161. Fee to accompany application for registration
162. Eligibility for registration as a crew member
163. Period of registration
164. (Repealed)
165. Records to be kept about crew members
166. Records to be kept by registered crew members
167. False and misleading information in records

PART 8 - RESTRICTED FISHERIES

Division 1 - Sea urchin and turban shell restricted fishery

168. Definitions
169. Sea urchin and turban shell are a restricted fishery
170. Types of endorsement in restricted fishery
171. Eligibility for endorsements
172. Public tender for issue of further endorsements
173. (Repealed)
174. Endorsement of commercial fishing licences
175. Duration of endorsement
176, 177. (Repealed)
178. Suspension and cancellation of endorsements
179. Total allowable catch
180. Quotas for sea urchin and turban shell
181. Transfer of quota
182. Special licence conditions for licence holders who nominate fishers
183. Waters closed to taking of sea urchins and turban shells

Division 2 - (Repealed)
None

Division 3 - Southern fish trawl restricted fishery

191. Definitions
192. Southern fish trawl fishery is a restricted fishery
193. Southern fish trawl endorsement
194. Eligibility for endorsement
195. Application for endorsement
196. Duration of endorsement
197. (Repealed)
198. Cancellation and suspension of endorsements
199. Boat capacity restrictions
200. Use of fish spikes and other implements
201. Waters closed to ocean trawling
Divisions 4-7 - (Repealed)
None

Division 8 - Inland restricted fishery

229. Definitions
230. Inland fishery is a restricted fishery
231. Types of endorsement in restricted fishery
232. Eligibility for endorsement
233. Ballot or tender for issue of further endorsements
234. Class D endorsement-special grounds for eligibility
235. General restrictions on eligibility
236. Endorsement
237. Endorsement of licence for further period
238. Endorsement fees
239. Duration of endorsement
240. Cancellation and suspension of endorsements
241. Transfer of class A and class B endorsements
242. Transfer fee
243. Endorsement holders must not take or possess native finfish
Divisions 9-11 - (Repealed)
None

Division 12 - Nominated fishers
Note

276. Definitions
277. Nomination of fisher to take fish in restricted fishery
277A. Procedure for nomination of fisher
277B. One nominated fisher per fishing business
277C. Revocation of nomination of commercial fisher

Division 13 - Miscellaneous

278, 278A. (Repealed)
279. Cancellation of endorsement with consent of licence holder
280. Endorsements do not authorise unlawful use of fishing gear

PART 8A - REGISTRATION OF PERSONS ELIGIBLE TO BE NOMINATED FISHERS

280A. Application to register eligible fishers
280B. Registration of eligible fisher
280C. Cancellation of registration of person as eligible fisher

PART 8B - FISHING BUSINESS CARDS

280D. Definitions
280E. Possession of fishing business card
280F. Return of fishing business card

PART 9 - FISH RECEIVERS AND FISH RECORDS

Division 1 - Fish receivers

281. Definition
282. Registration not required in certain cases
283. Registration requirements do not apply in respect of certain fish
284. Classes of registered fish receiver
285. Applications for registration as fish receiver
286. Grounds for refusing application for registration
286A. Registration limited to specified premises
287. Renewal of registration
288. Cancellation or suspension of registration
289. Fish consignments by registered fish receivers to be labelled

Division 2 - Fish records

290. Definitions
290A. Records to be made by commercial fishers
290B. Records to be made by fishing employers
291. Records of sale and possession of fish-prescribed quantity
292. Information to be included in records of sale and possession of fish
293. Records and reports by registered fish receivers

PART 10 - CHARTER FISHING MANAGEMENT

Division 1 - Preliminary

294. Object
295. Definitions
296. Guided recreational charter fishing-meaning
297. Marine and estuarine charter fishing sector-meaning

Division 2 - Licences

298. What boats must be licensed?
299. Annual licence fee
300. Classes of licence
301. Eligibility criteria-transferable licence
302. Eligibility criteria-non-transferable licence
303. Entitlement to claim a history of operations
304. Limitation on eligibility
305. Transfer of entitlement to history of operations
305A. Conversion of non-transferable licence into transferable licence (estuarine fishing only)
306. Boat replacement
307. Refusal of licence
308. Renewal of licence
309. Cancellation or suspension of licence
309A. Voluntary suspension of licence
310. Conditions of licence-authorised activities
311. Other conditions of licences
312. Records of catch

Division 3 - Reviews relating to issue of licences
Note

313. Application for review by third party
314. Director-General to review decision
315. Conduct of review
316. (Repealed)
317. Action by Minister following review

Division 4 - Advisory Committee

318. Advisory Committee
319. Chairperson and deputy chairperson of Advisory Committee
320. Functions of Advisory Committee
321. Deputies of members
322. Terms of office
323. Allowance for members
324. Vacancy in office of member
325. Filling of vacancy in office of member
326. General procedure for calling and holding meetings
327. Transaction of business outside meetings or by telephone
328. Quorum
329. Decisions

Division 5 - Election of industry members of Advisory Committee

330. Regions for which members are to be elected
331. Qualifications for election
332. General restrictions on election
333. Voting entitlements
334. Election procedure

Division 6 - Miscellaneous

335. Exemption for Lord Howe Island residents
336. False or misleading information

PART 11 - PROTECTION OF AQUATIC HABITATS

337. Application for permit under Part 7
337A. Contravention of condition of permit under Part 7 of Act
338. Marine vegetation-regulation of harm (section 205 of the Act)
339. Fees for permits under Part 7 of the Act
339A. Activities harmful to marine vegetation (section 205B of the Act)
340. Noxious fish and noxious marine vegetation (section 209 of the Act)
340AA. Importation of certain live fish (section 217 of the Act)

PART 11A - THREATENED SPECIES CONSERVATION

Division 1 - Prohibition or restriction of actions in or near critical habitat of grey nurse shark

340A. Application of Division
340B. Restrictions on certain fishing
340C. Restrictions on diving and other activities
340CA. Use of certain fishing gear prohibited in vicinity of critical habitat of grey nurse shark

Division 2 - Exemption from offence of buying, selling or possessing threatened species

340D. Exemption

PART 11B - LISTING CRITERIA
Note

Division 1 - Criteria for listing of species

340E. Criteria for listing determinations by Fisheries Scientific Committee
340F. Criteria-reduction in abundance, geographic distribution or genetic diversity
340G. Criteria-threatening processes

Division 2 - Criteria for listing of endangered populations

340H. Criteria for listing determinations by Fisheries Scientific Committee
340I. Criteria-reduction in abundance, geographic distribution or genetic diversity
340J. Criteria-threatening processes

Division 3 - Criteria for listing of ecological communities

340K. Criteria for listing determinations by Fisheries Scientific Committee
340L. Criteria-reduction in ecological function, geographic distribution or genetic diversity
340M. Criteria-threatening processes

Division 4 - Interpretation

340N. Application of Division
340O. Geographic distribution
340P. Effective population size
340Q. Ecological function
340R. Relevance of matters and adequacy and accuracy of information

PART 12 - ADMINISTRATION

Division 1 - The Director-General

341. Seal of the Director-General

Division 2 - (Repealed)
None

Division 3 - Establishment, composition and functions of ministerial advisory councils

347. Definitions
348. Establishment of advisory councils
349. Seafood Industry Advisory Council
350. Advisory Council on Recreational Fishing
351, 352. (Repealed)
353. Appointment of nominees

Division 4 - Provisions relating to members and procedure of advisory councils

354. Definitions
355. Terms of office
356. Allowances for members
357. Deputies
358. Vacancy in office of member
359. Removal of member from office by Minister
360. Filling of vacancy in office of member
361. Chairperson and deputy chairperson of advisory council
362. General procedure for calling and holding meetings of advisory council
363. Transaction of business outside meetings or by telephone
364. Quorum
365. Voting
366. Disclosure of pecuniary interests
367. Functions of members

Division 5 - Composition of Management Advisory Committees and qualifications for election

368. Definitions
369. Composition of MAC
370. Qualifications for election to MAC
371. General restrictions on election to a MAC
372. Qualifications to vote
373. (Repealed)

Division 6 - Procedure for election of industry members of Management Advisory Committees

374. Definitions
375. Notice that election is required
376. Notification of election
377. Postponement of closing dates
378. Nomination of candidates
379. Withdrawal of nomination
380. Exhibition of roll
381. Application for enrolment by person not already enrolled
382. Uncontested election-share management fishery
383. Uncontested elections-restricted fisheries
384. Up-dating of roll
385. Printing of ballot-papers
386. Distribution of ballot-papers
387. Duplicate ballot-papers
388. Recording of votes
389. Receipt of ballot-papers
390. Ascertaining result of ballot
391. Scrutineers
392. Scrutiny of votes
393. Counting of votes
394. Notification of result of election
395. Decisions of returning officer final
396. Offence
397. Death of a candidate

Division 7 - Provisions relating to members and procedure of Management Advisory Committees

398. Definitions
399. Non-elected members
400. (Repealed)
401. Appointment of Nature Conservation Council representatives
402. Deputies of members
403. Terms of office
404. Allowances for members
405. Vacancy in office of a member
406. Filling of vacancy in office of member
407. General procedure for calling and holding meetings of a MAC
408. Transaction of business outside meetings or by telephone
409. Quorum
410. Voting

PART 13 - ENFORCEMENT

Division 1 - Fisheries officers

411. Class of persons that may be appointed as fisheries officers

Division 2 - Seizure

412. Forfeiture offences

Division 3 - Criminal proceedings

413. Penalty notices
414. (Repealed)

Division 4 - Miscellaneous

415. Payment by instalments

PART 14 - SAVINGS AND TRANSITIONAL

416. Offences under 1935 Act
417. Savings provision concerning repealed regulation
418. Restricted fisheries-continuation of existing restricted fisheries
419. Committees, Councils and Panels
420. Refund in respect of review request
421. Interim licence
422. Change in ownership of charter fishing boat licence
423. Voluntary suspension of charter fishing boat licence-clause 309A
424. Abolition of Advisory Council on Commercial Fishing and Aquaculture
425. Amalgamation of MACs for ocean fish trawl and ocean prawn trawl restricted fisheries
426. Extension of time for appeals
427. (Repealed)
428. Transitional provision-pending licence applications under Division 6 of Part 7A of the Act
429. Changes to arrangements for payment of fees and contributions
430. Saving of arrangements for licences voluntarily suspended
431. Continuation of MACs following commencement of certain management plans
432. Nominated fishers-savings consequent on Fisheries Management Legislation Amendment Regulation 2007
433. Continuation of old transfer rules
434. Phasing-in of changes to fishing gear requirements made by Fisheries Management Legislation Amendment (Fishing Gear) Regulation 2008
SCHEDULE 1
SCHEDULE 1A
SCHEDULE 2
Schedule 3 (Repealed)
SCHEDULE 4
SCHEDULE 5

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