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NSW Legislation Website, and Is Certified As the Form of That Legislation That Is Correct Under Section 45C of the Interpretation Act 1987

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NSW Legislation Website, and Is Certified As the Form of That Legislation That Is Correct Under Section 45C of the Interpretation Act 1987 Fisheries Management (General) Regulation 2010 [2010-475] New South Wales Status information Currency of version Current version for 1 May 2019 to date (accessed 29 June 2019 at 00:31) Legislation on this site is usually updated within 3 working days after a change to the legislation. Provisions in force The provisions displayed in this version of the legislation have all commenced. See Historical Notes Staged repeal status This legislation is currently due to be automatically repealed under the Subordinate Legislation Act 1989 on 1 September 2019 Authorisation This version of the legislation is compiled and maintained in a database of legislation by the Parliamentary Counsel's Office and published on the NSW legislation website, and is certified as the form of that legislation that is correct under section 45C of the Interpretation Act 1987. File last modified 1 May 2019. Published by NSW Parliamentary Counsel’s Office on www.legislation.nsw.gov.au Page 1 of 250 Fisheries Management (General) Regulation 2010 [NSW] Fisheries Management (General) Regulation 2010 [2010-475] New South Wales Contents Part 1 Preliminary 1 Name of Regulation 2 Commencement 3 Interpretation 4 The share management plan for a fishery prevails over this Regulation Part 2 Protected fish, protected waters, prohibited size fish and bag limits Note Division 1 Protected fish 5 Protected fish 6 Fish protected from commercial fishing 7 Defence—blue drummer taken from Lord Howe Island waters 8 Defence—aquarium fish Division 2 Fish and waters protected from commercial and recreational fishing 9 Fish and waters protected from commercial fishing 10 Fish and waters protected from recreational fishing Division 3 Prohibited size fish 11 Prohibited size fish 12 Defence—taking of mullet for bait Division 4 Bag limits 13 Bag limits—taking of fish 14 Bag limits—possession of fish 15 General bag limit 16 Application of bag limits to commercial fishers 17 Application of bag limits to charter fishing boat operations 18 Possession limits do not apply to fish lawfully taken for sale Table Bag limits Division 5 Miscellaneous 19 Part does not authorise action contrary to prohibitions or other controls Current version for 1 May 2019 to date (accessed 29 June 2019 at 00:31) Page 2 of 250 Fisheries Management (General) Regulation 2010 [NSW] Part 3 Fishing gear Note Division 1 Lawful use of fishing gear generally 20 Fishing gear cannot be used in contravention of other restrictions 21 Lawful use of fishing gear 22 Use of certain fishing gear prohibited in vicinity of Fish Rock Division 2 Lawful commercial nets 23 Nets used in share management fisheries 24 Otter trawl net (fish)—southern fish trawl fishery 25 Danish seine trawl net (fish)—southern fish trawl fishery Division 3 Lawful recreational nets 26 Application of Division 27 Spanner crab net 28 Hoop or lift net 29 Hand-hauled prawn net 30 Push or scissors net (prawns) 31 Dip or scoop net (prawns) 32 Hand-hauled yabby net 33 Landing net Division 4 Other lawful nets 34 Beach safety meshing nets Division 5 Lawful traps 35 Traps used in share management fisheries 36 Recreational lobster trap 37 Recreational crab trap 38 Bait trap 39 Yabby trap 40 Shrimp trap Division 6 General provisions relating to lawful use of nets and traps 41 Joining of nets 42 Illegally reducing mesh size or lateral mesh openings of nets 42A Illegally reducing mesh size or lateral mesh openings of traps 43 Monofilament and certain multi-strand nets prohibited 44 Method of dragging or drawing nets 45 Identification of set nets and traps Division 7 Use of hand held lines and drift lines 46 Hand held lines 47 Drift lines Division 8 Restrictions on use of fishing gear Current version for 1 May 2019 to date (accessed 29 June 2019 at 00:31) Page 3 of 250 Fisheries Management (General) Regulation 2010 [NSW] 48 Taking of rocklobster 49 Taking of saltwater nippers, worms, pipis etc 50 Taking of shellfish by means of a dredge or similar device 51 Taking of Atlantic salmon or trout 52 Taking of groper 53 Jagging or foul hooking of fish 54 Scuba diving 55 Spear guns 56 Firearms Division 9 Miscellaneous 57 Measuring length and mesh size of nets 58 Measuring length and circumference of codend 59 Restrictions on the sale of commercial nets Part 4 Priorities in the use of fishing gear Note Division 1 Offences 60 Offence of fishing contrary to rights of priority 61 Commercial fishers must use fishing gear in accordance with this Part Division 2 Rights of priority 62 Priority between commercial fishers and recreational fishers on recognised fishing grounds 63 Priority between commercial fishers using nets in inland waters Part 5 Miscellaneous provisions relating to fisheries management Division 1 Recognised fishing grounds 64 Identification of recognised fishing grounds Division 2 Interference with fishing activities and set fishing gear 65 Interference with fishing activities 66 Interference with set fishing gear 67 Lawful interference with set fishing gear 68 Intentionally disturbing fish 69 Interference with commercial fisher using line Division 3 Use of explosives, electrical devices and other dangerous substances 70 Dynamite and explosive substances 71 Permit to use explosives 72 Use of electrical devices prohibited in all waters 73 Permit to use electrical devices 74 Use of chemical substances Division 4 Tagging of eastern rocklobster taken for sale 75 Eastern rocklobster not to be sold unless tag attached Current version for 1 May 2019 to date (accessed 29 June 2019 at 00:31) Page 4 of 250 Fisheries Management (General) Regulation 2010 [NSW] Division 5 Labelling of abalone for sale 76 Abalone not to be sold unless labelled 77 Abalone packaging not to be removed or damaged Division 6 Recreational fishing fee 78 Definition 79 Exempt bodies of water 80 Exempt fishers 81 Prescribed fishing fees 82 Reductions in fishing fee for fishing in far north 83 Evidence of payment of fishing fee 84 Issue of replacement receipts 85 Fishing fee exemption certificates may be issued to certain owners and lessees of private land 86 Fishing fee exemption certificates: period for which in force 87 Fishing fee exemption certificates: fees 88 Amendment and cancellation of exemption certificates Division 7 Acquisition of commercial fishing entitlements 89 Constitution of compensation review panel Division 8 Miscellaneous 90 Prohibited lures and baits 91 Taking of octopus from rock platforms 92 Taking of pipis for use as bait only 93 Shucking of intertidal invertebrates 94 Shucking of abalone 95 Mutilation of fish 95A Removal and possession of certain parts of sharks permitted 96 Crayfish, rocklobsters, shovel-nosed lobsters and crabs carrying ova 97 Person must not assist a commercial fisher 98 Fee for permits under section 37 of Act 99 Contravention of condition of approval under section 37 of Act 99A Prohibition on transfer of fish from one boat to another Part 6 Fishing business transfer rules Division 1 Preliminary 100 Definitions Division 2 101–104 (Repealed) Division 3 Transfer of restricted fishery endorsements Note 105 Transfer of sea urchin and turban shell endorsements 105A Transfer of class A or class B inland endorsements 106 Transfer of southern fish trawl endorsements Current version for 1 May 2019 to date (accessed 29 June 2019 at 00:31) Page 5 of 250 Fisheries Management (General) Regulation 2010 [NSW] 107 Effect of contravention Division 4 Transfer of shares 108 Definitions 109 Application of Division 110 Transfer to owners in the same fishery 111 Transfer to owners in other fisheries 112 Other transfers 112A Transfer of quota and shares 113 Effect of contravention Division 5 Dealings in endorsements and shares 114 Approval of transfers by Secretary 115 Transferee owns more than one fishing business Division 6 General 116 Application of rules Part 7 Commercial share management fisheries 117 Persons prohibited from holding shares 118 Determination of catch history 119 Special endorsements to take fish in share management fishery 120 Transfers and other dealings in shares—general 121 Forfeiture of shares for failure to pay certain contributions 122 (Repealed) 123 Fee for registration of dealings in shares 124 Fee for inspection of Share Register and registered documents 124A Information not required to be made available for inspection Part 8 Licensing and other commercial fisheries management Division 1 Commercial fishing licences 125 Who may hold commercial fishing licence 126 Classes of commercial fishing licences 127 Fee for application for issue of commercial fishing licence 128 Grounds for refusal to issue commercial fishing licence to otherwise eligible applicant 129 Prescribed conditions of commercial fishing licence 130 Renewal of commercial fishing licence 131 Grounds for suspension or cancellation of licence 132 Maximum contribution by participants in restricted fisheries 133 Unlicensed crew members must not sell fish 133A (Repealed) Division 2 Fishing boat licences 134 Declared commercial fishing boat activities 135 Fee for application for issue of fishing boat licence 136 Grounds for refusal to issue fishing boat licence 137 Form of licence Current version for 1 May 2019 to date (accessed 29 June 2019 at 00:31) Page 6 of 250 Fisheries Management (General) Regulation 2010 [NSW] 138 Prescribed conditions of fishing boat licences 139 Renewal of fishing boat licence 140 Grounds for suspension or cancellation of fishing boat licence 141, 142 (Repealed) 143 Transfer of fishing boat licence 144 Boats taken to be licensed under the Act 145 Determining boat length and
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