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Fisheries Management (General) Regulation 2010

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Fisheries Management (General) Regulation 2010 Fisheries Management (General) Regulation 2010 Part 1 – Preliminary 1 Name of Regulation This Regulation is the Fisheries Management (General) Regulation 2010. This Regulation replaces the Fisheries Management (General) Regulation 2002 which is repealed on 1 September 2010 under section 10 (2) of the Subordinate Legislation Act 1989. 2 Commencement This Regulation commences on 1 September 2010. 3 Interpretation (1) In this Regulation:"abalone" means fish of the species Haliotis rubra."abalone fishery" means the share management fishery of that name, as described in Schedule 1 to the Act."charter fishing boat" has the meaning given by section 127A of the Act."crab trap" means a recreational crab trap or a commercial crab trap."critical habitat of the greynurse shark" means the areas declared by a notification under section 220T of the Act to be the critical habitat of the greynurse shark and identified as such in the maps in Schedule 2."eligible fisher" means a person for the time being registered as an eligible fisher under Part 10."endorsement" means an endorsement on a commercial fishing licence that authorises a person to take fish for sale in a restricted fishery or to take fish in a share management fishery (and includes any endorsement given in the form of a document that is separate from the commercial fishing licence of a person, pursuant to an arrangement referred to in section 68 (8C), 70 (6) or 112 (5) of the Act)."estuarine waters" means waters ordinarily subject to tidal influence (other than ocean waters)."estuary general fishery" means the share management fishery of that name, as described in Schedule 1 to the Act."estuary prawn trawl fishery" means the share management fishery of that name, as described in Schedule 1 to the Act."fish protected from commercial fishing" means fish declared by this Regulation to be protected from commercial fishing for the purposes of section 20 (1) of the Act."fisheries official" means a fisheries officer or an officer of the Department."fishing authority" has the same meaning as in Division 4C of Part 2 of the Act."fishing business card" has the meaning given by Part 11."fishing business transfer rules" means the provisions of Part 6."hauling" includes casting and shooting any net with or without hauling lines."high water mark" means the mean line between approximate high water at spring tide and neap tide."inland restricted fishery" means the restricted fishery declared under Division 3 of Part 9."inland waters" means waters not subject to tidal influence."lobster fishery" means the share management fishery of that name, as described in Schedule 1 to the Act."lobster trap" means a recreational lobster trap or a commercial lobster trap."Lord Howe Island waters" means the waters within 3 nautical miles of: (a) the high water mark on Lord Howe Island, or (b) Balls Pyramid. "natural coast line" is defined in Schedule 1."ocean hauling fishery" means the share management fishery of that name, as described in Schedule 1 to the Act."ocean trap and line fishery" means the share management fishery of that name, as described in Schedule 1 to the Act."ocean trawl fishery" means the share management fishery of that name, as described in Schedule 1 to the Act."ocean waters" is defined in Schedule 1."pipi" means fish of the species Donax deltoides."prawn" means species of fish in the family Penaeidae and Macrobrachium spp."protected fish" means fish declared by this Regulation to be protected fish for the purposes of section 19 of the Act."public holiday" means a day that is observed as a public holiday throughout New South Wales."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 the Department."restricted species of fish" means any species of fish referred to in Column 1 of Part 1 or Part 3 of Table 1 in clause 11."rocklobster" means eastern rocklobster (Jasus verreauxi), southern rocklobster (Jasus edwardsii) and tropical rocklobster (Panulirus spp. except Panulirus cygnus)."sea urchin" means species of fish in the class Echinoidea."sea urchin and turban shell restricted fishery" means the restricted fishery declared under Division 1 of Part 9."shellfish" means species of fish in the classes Gastropoda and Bivalvia."southern fish trawl endorsement" means an endorsement that authorises the taking of fish for sale in the southern fish trawl restricted fishery."southern fish trawl restricted fishery" means the restricted fishery declared under Division 2 of Part 9."the Act" means the Fisheries Management Act 1994."tributary" of a body of water includes a creek, stream, gully, bay, lake, lagoon and inlet of that body of water."turban shell" means species of fish in the family Turbinidae."turban snail" means fish of the species Turbo torquatus and Turbo militaris."use", in relation to any fishing gear, includes set or lift the fishing gear (whether or not the fishing gear is baited)."yabby" means fish of the species Cherax. (2) A reference in this Regulation to the common name of a species of fish does not limit the scientific description of that species of fish. If there is any inconsistency between the common name and the scientific description of the species, the scientific description of the species prevails. The common name of a species of fish is generally the standard name for the fish as defined in the Australian Standard entitled AS SSA 5300--2009, Australian Fish Names Standard published on 31 July 2009. (3) A reference in this Regulation to being "convicted" of an offence includes a reference to being found guilty of the offence. (4) A reference in this Regulation to the regulations is a reference to this Regulation and any other regulations made under the Act. (5) In this Regulation, longitude and latitude coordinates are in WGS84 datum, unless otherwise provided. (6) Notes included in this Regulation do not form part of this Regulation. 4 The share management plan for a fishery prevails over this Regulation This Regulation is subject to section 62 of the Act. Section 62 of the Act provides that if a provision of a share management plan is inconsistent with any other regulation under the Act or any fishing closure, the share management plan prevails (unless the provision of the regulation or fishing closure is expressed to have effect despite the share management plan). Part 2 – Protected fish, protected waters, prohibited size fish and bag limits Part 7A of the Act deals with the conservation of threatened species of fish and includes prohibitions on the taking of certain species of fish. Division 1 – Protected fish 5 Protected fish (1) For the purposes of section 19 (1) of the Act, the species of fish specified in Table 1 are protected fish. (2) For the purposes of section 19 (4) of the Act, the possession of the protected fish specified in Table 2 is prohibited absolutely. Table 1 Protected fish Part 1 Marine or estuarine species Common name Species Ballina Angelfish Chaetodontoplus ballinae Blue Drummer, Bluefish Girella cyanea Eastern Blue Devil, Bleekers Devil Fish Paraplesiops bleekeri Elegant Wrasse Anampses elegans Goldspotted Rockcod, Estuary Cod Epinephelus coioides Ghostpipefish All species of the family Solenostomidae Queensland Groper, Giant Queensland Epinephelus lanceolatus Groper Sandtiger Shark, Herbsts Nurse Shark Odontaspis ferox Pipefish, Pipehorse, Seadragon, Seahorse All species of the family Syngnathidae Seamoth All species of the family Pegasidae Part 2 Freshwater species Common name Species Australian Prototroctes Grayling maraena Isopod Crenoicus harrisoni Table 2 Protected fish--possession prohibited absolutely Part 1 Marine or estuarine species Common name Species Ballina Angelfish Chaetodontoplus ballinae Blue Drummer, Bluefish Girella cyanea Eastern Blue Devil, Bleekers Devil Fish Paraplesiops bleekeri Elegant Wrasse Anampses elegans Ghostpipefish All species of the family Solenostomidae Queensland Groper, Giant Queensland Epinephelus lanceolatus Groper Sandtiger Shark, Herbsts Nurse Shark Odontaspis ferox Pipefish, Pipehorse, Seadragon, Seahorse All species of the family Syngnathidae Seamoth All species of the family Pegasidae Part 2 Freshwater species Common name Species Australian Prototroctes Grayling maraena Isopod Crenoicus harrisoni 6 Fish protected from commercial fishing (1) For the purposes of section 20 (1) of the Act, the species of fish specified in Table 1 are protected absolutely from all commercial fishing. (2) For the purposes of section 20 (4) of the Act, the sale of any species of fish specified in Table 2 is prohibited absolutely. Table 1 Fish protected absolutely from all commercial fishing Part 1 Marine or estuarine species Common name Species Eastern Blue Groper, Blue Groper, Brown Groper, Red Achoerodus Groper viridis Black Marlin Makaira indica Blue Marlin Makaira nigricans Striped Marlin Tetrapturus audax Part 2 Freshwater species Common name Species Atlantic Salmon Salmo salar Australian Bass Macquaria novemaculeata Freshwater Catfish, Eel- Tandanus tandanus tailed Catfish Estuary Perch Macquaria colonorum Freshwater Crayfish All species of the genera Euastacus and Cherax except for the common yabby Cherax destructor Golden Perch, Yellow Macquaria ambigua Belly Perch Murray Cod Maccullochella peelii peelii Brook Trout Salvelinus fontinalis Brown Trout Salmo trutta Rainbow Trout Oncorhynchus mykiss Table 2 Protected fish--sale prohibited absolutely Part 1 Marine or estuarine species Common Species name Black
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