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1995—No. 11 FISHERIES MANAGEMENT ACT 1994

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1995—No. 11 FISHERIES MANAGEMENT ACT 1994 1995—No. 11 FISHERIES MANAGEMENT ACT 1994—REGULATION (Fisheries Management (General) Regulation 1995) NEW SOUTH WALES [Published in Gazette No. 3 of 13 January 1995] HIS Excellency the Governor, with the advice of the Executive Council, and in pursuance of the Fisheries Management Act 1994, has been pleased to make the Regulation set forth hereunder. I. R. CAUSLEY, Minister for Agriculture and Fisheries. PART 1—PRELIMINARY Citation 1. This Regulation may be cited as the Fisheries Management (General) Regulation 1995. Commencement 2. This Regulation commences on the commencement of the Fisheries Management Act 1994. Definitions 3. (1) In this Regulation: “fish protected from commercial fishing” means fish declared by this Regulation to be protected from commercial fishing for the purposes of section 20 of the Act; “fisheries official” means a fisheries officer or an officer of NSW Fisheries; “inland waters” means waters not subject to tidal influence; “hauling” includes casting and shooting any net with or without hauling lines; 2 1995—No. 11 “high water mark” means the mean line between approximate high water at spring tide and neap tide; “ocean waters” is defined in Schedule 1; “prohibited size class of fish” means any species of fish referred to in Column 1 of Table 1 or Table 2 in Division 2 of Part 2; “protected fish” means fish declared by this Regulation to be protected fish for the purposes of section 19 of the Act; “recognised fishing ground” means an area identified (in accordance with Division 1 of Part 5) as a recognised fishing ground on a map deposited at an office of NSW Fisheries; “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; “set net” means any net set in any waters for the purpose of taking fish and which is left unattended; “setting” includes fixing, placing and staking; “the Act” means the Fisheries Management Act 1994; “the 1935 Act” means the Fisheries Act 1935 (formerly the Fisheries and Oyster Farms Act 1935). (2) Notes included in this Regulation are explanatory notes and do not form part of this Regulation. The management plan for a fishery prevails over this Regulation 4. This Regulation is subject to section 62 of the Act. Note: Section 62 of the Act provides that if a provision of the management plan for a share management fishery is inconsistent with any other regulation under the Act or any fishing closure, the management plan prevails (unless the provision of the regulation or fishing closure is expressed to have effect despite the management plan). PART 2—PROTECTED FISH, PROHIBITED SIZE FISH BAG LIMITS Division 1—Protected fish Protected fish 5. For the purposes of section 19 of the Act, the species of fish listed in the Table to this clause are protected fish. 3 1995—No. 11 TABLE—PROTECTED FISH PART 1—MARINE OR ESTUARINE SPECIES Common name Species Ballina angelfish Chaetodontoplus ballinae Black rock cod (or saddle-tail rock cod) Epinephelus daemelii Eastern blue devil fish (or Bleekers devil Paraplesiops bleekeri fish) Elegant wrasse Anampses elegans Estuary cod Epinephelus coioides Giant Queensland groper Epinephelus lanceolatus Grey nurse shark Carcharius taurus Herbsts nurse shark Odontaspis ferox Weedy seadragon (or common seadragon) Phyllopteryx taeniolatus PART 2—FRESHWATER SPECIES Common name Species Australian grayling Prototroctes maraena Eastern freshwater cod Maccullochella ikei Trout cod Maccullochella macquariensis Macquarie perch Macquaria australasica Fish protected from commercial fishing 6. For the purposes of section 20 of the Act, the species of fish listed in the Table to this clause are protected from commercial fishing. TABLE—FISH PROTECTED FROM COMMERCIAL FISHING PART 1—MARINE OR ESTUARINE SPECIES Common name Species Marlin, black Makaira indica Marlin, blue Makaira nigricans Marlin, striped Tetrapturus audax Groper, blue, brown or red Achoerodus viridis 4 1995—No. 11 PART 2—FRESHWATER SPECIES Common name Species Atlantic salmon Salmo salar Australian bass Macquaria novemaculeata Catfish, eel-tailed Tandanus tandanus Estuary perch Macquaria colonorum Freshwater crayfish All species of the genera Euastacus and Cherax except for the common yabby Cherax destructor Silver perch Bidyanus bidyanus Trout, brook Salvelinus fontinalis Trout, brown Salmo trutta Trout, rainbow Oncorhynchus mykiss Division 2—Prohibited size fish Prohibited size fish 7. (1) For the purposes of section 15 (1) of the Act, a fish is a prohibited size fish if: (a) in the case of a fish of a species specified in Column 1 of Table 1—the measurement of the fish is less than the minimum measurement specified opposite that species of fish in Column 2 of that Table; or (b) in the case of a fish of a species specified in Column 1 of Table 2—the measurement of the fish is more than the maximum measurement specified opposite that species of fish in Column 2 of that Table. (2) For the purposes of section 15 (2) of the Act, the method of determining the measurement of any class of fish is as follows: (a) except as provided by this subclause—the overall length of the fish is to be measured from the point of the snout to the tip of the tail; (b) in the case of abalone—the diameter of the shell is to be measured along its longest axis; (c) in the case of crab (other than spanner crab)—the length of the crab is to be measured along the body from the notch between the most protruding frontal teeth to the centre of the posterior margin of the carapace; (d) in the case of spanner crab—the length of the spanner crab is to be measured along the body from the base of the orbital notch to the centre of the posterior margin of the carapace; 5 1995—No. 11 (e) in the case of freshwater spiny crayfish known as Murray or Murrumbidgee Crayfish—the length of the carapace of the crayfish is to be measured along the straight line from the posterior margin of the orbit (eye) socket to the centre of the posterior margin of the carapace; (f) in the case of rock lobster—the length of the carapace of the rock lobster is to be measured along the straight line from the point of union of the second antennae to the centre of the posterior margin of the carapace (ignoring any hairs attached to the carapace); (g) in the case of turban snail—the diameter of the shell is to be measured along its longest axis. TABLE 1—PROHIBITED SIZE FISH (MINIMUM MEASUREMENTS) PART 1 (FISH—MARINE OR ESTUARINE) Column 1 Column 2 Common name Species Minimum measurement in centimetres Blackfish, rock Girella elevata 30 Bream, black or southern Acanthopagrus butcheri 25 Bream, yellowfin Acanthopagrus australis 25 Flathead, common or dusky Platycephalus fuscus 33 Flathead, sand Platycephalus 33 caeruleopunctatus Flathead, tiger Platycephalus 33 richardsoni Luderick (or blackfish) Girella tricuspidata 25 Morwong, jackass fish Nemadactylus 28 macropterus Morwong, red or sea carp Cheilodactylus fuscrus 25 Morwong, rubberlip Nemadactylus douglasii 28 Mullet, sea or bully Mugil cephalus 30 Mulloway (or jewfish) Argyrosomus 45 hololepidotus School shark Galeorhinus galeus 91 Snapper Pagrus auratus 28 Tailor Pomatomus saltatrix 30 Tarwhine Rhabdosargus sarba 20 Teraglin Atractoscion aequidens 38 Yellowtail kingfish Seriola lalandi 60 Whiting, sand or silver Sillago ciliata 27 6 1995—No. 11 PART 2 (INVERTEBRATES—MARINE OR ESTUARINE) Column 1 Column 2 Common name Species Minimum measurement in centimetres Abalone Haliotis rubra 11.5 Crab, blue swimmer or Portunus pelagicus 6 sand Crab, mud, black or Scylla serrata 8.5 mangrove Crab, spanner Ranina ranina 9.3 Lobster, eastern rock Jasus verreauxi 10.4 Lobster, southern ruck Jasus edwardsii 11 (male) Lobster, southern rock Jasus edwardsii 10.5 (female) Snail, Sydney turban Turbo torquatus 7.5 Snail, military turban Turbo militaris 7.5 PART 3 (FISH—FRESHWATER OR ESTUARINE) Column 1 Column 2 Common name Species Minimum measurement in centimetres Catfish, eel-tailed Tandanus tandanus 30 Cod, Murray Maccullochella peeli 50 Perch, golden or yellow Macquaria ambigua 25 belly Perch, silver Bidyanus bidyanus 25 Trout, brook Salvelinus fontinalis 25 Trout, brown Salmo trutta 25 Trout, rainbow Oncorhynchus mykiss 25 Salmon, Atlantic Salmo salar 25 PART 4 (INVERTEBRATES—FRESHWATER) Column l Column 2 Common name Species Minimum measurement in centimetres Crayfish, Murray or Euastacus armatus 8 freshwater spiny TABLE 2—PROHIBITED SIZE FISH (MAXIMUM MEASUREMENTS) PART 1 (INVERTEBRATES—MARINE OR ESTUARINE) Column 1 Column 2 Common name Species Maximum measurement in centimetres Lobster, eastern rock Jasus verreauxi 20 7 1995—No. 11 Defence—taking of sea mullet for bait 8. For the purposes of section 21 (d) of the Act, it is a defence to a prosecution for an offence under section 16 (1) of the Act (relating to possession of prohibited size fish) if: (a) the prohibited size fish concerned are sea mullet, including bully mullet, of the species Mugil cephalus; and (b) the fish do not exceed 15 cm in measurement as determined in accordance with clause 7 (2) (a); and (c) the fish have been lawfully taken by a person other than a commercial fisher; and (d) the fish are live bait; and (e) the person charged with the offence is in possession of no more than 20 of the prohibited size fish. Division 3—Bag limits Bag limits—taking of fish 9. (1) For the purposes of section 17 (1) of the Act, the daily limit of fish (of a species specified in Column 1 of Part 1 or 2 of the Table to this Division) is the quantity specified opposite that species of fish in Column 2 of Part 1 or 2 of that Table.
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