Part 2 Protected fish, protected waters, prohibited size fish and bag limits

Division 1 Protected fish

6   Protected fish

(1)  For the purposes of section 19 (1) of the Act, the species of fish specified in Table 1 are protected fish.

(1A)  For the purposes of section 19 (4) of the Act, the possession of the protected fish specified in Table 2 is prohibited absolutely.

(2)  For the purposes of section 21 (1) (d) of the Act, it is a defence to a prosecution for an offence under section 19 of the Act constituted by taking or being in possession of bluefish if the person charged satisfies the Court that:

(a)  the bluefish were taken from Lord Howe Island waters, and

(b)  the person’s possession of the fish would, but for the fish being protected fish, be lawful.

Table 1   Protected fish

Part 1   Marine or estuarine species

Common name	Species
Ballina angelfish	Chaetodontoplus ballinae
Bluefish	Girella cyanea
Eastern blue devil fish, Bleekers devil fish	Paraplesiops bleekeri
Elegant wrasse	Anampses elegans
Estuary cod	Epinephelus coioides
Ghost pipefish	All species of the family Solenostomidae
Giant Queensland groper	Epinephelus lanceolatus
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 grayling	Prototroctes maraena
Isopod	Crenoicus harrisoni

Table 2   Protected fish—possession prohibited absolutely

Part 1   Marine or estuarine species

Common name	Species
Ballina angelfish	Chaetodontoplus ballinae
Bluefish	Girella cyanea
Eastern blue devil fish, Bleekers devil fish	Paraplesiops bleekeri
Elegant wrasse	Anampses elegans
Ghost pipefish	All species of the family Solenostomidae
Giant Queensland groper	Epinephelus lanceolatus
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 grayling	Prototroctes maraena
Isopod	Crenoicus harrisoni

7   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
Groper, blue, brown or red	Achoerodus viridis
Marlin, black	Makaira indica
Marlin, blue	Makaira mazara
Marlin, striped	Tetrapturus audax
Tuna, southern bluefin	Thunnus maccoyii

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
Golden perch	Macquaria ambigua
Murray cod	Maccullochella peelii peelii
Silver perch	Bidyanus bidyanus
Trout, brook	Salvelinus fontinalis
Trout, brown	Salmo trutta
Trout, rainbow	Oncorhynchus mykiss

Table 2   Protected fish—sale prohibited absolutely

Part 1   Marine or estuarine species

Common name	Species
Marlin, black	Makaira indica
Marlin, blue	Makaira mazara
Marlin, striped	Tetrapturus audax

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

7A   Defence—aquarium fish

For the purposes of section 21 (1) (d) of the Act, it is a defence to a prosecution for an offence under section 19 (3) of the Act (relating to the possession of protected fish) if:

(a)  the fish are species of the family Pegasidae, Solenostomidae or Syngnathidae (commonly known as seamoths, seahorses, pipefish and seadragons), and

(b)  the fish are being kept in an aquarium for exhibition or are in the person’s possession for the purposes of sale in the aquarium industry, and

(c)  the fish were lawfully cultivated in or lawfully taken from waters to which this Act does not apply.

8   Defence—striped marlin

For the purposes of section 21 (1) (d) of the Act, it is a defence to a prosecution for an offence under section 20 (3) (b) of the Act (relating to sale of fish protected from commercial fishing) if:

(a)  the fish is striped marlin, and

(b)  the striped marlin was taken by a person while lawfully taking or attempting to take tuna for sale, by the method of long line (pelagic), minor line or pole fishing, under the authority of a permit issued under a law of the Commonwealth.

Division 1A Fish and waters protected from commercial and recreational fishing

8A   Prohibition on certain classes of commercial fishing

Pursuant to section 20 (2) of the Act, it is declared that:

(a)  all ocean and estuarine waters are waters in which the class of commercial fishing that consists of any commercial fishing activity other than the following is prohibited:

(i)  a fishing activity referred to in Schedule 1 to the Act,

(ii)  the taking of sea urchin or turban shell,

(iii), (iv)  (Repealed)

(v)  the use of an otter trawl net (fish) or danish seine trawl net (fish) to take fish (other than prawns) from ocean waters that are not more than 3 nautical miles from the natural coast line and are south of a line drawn due east from Barrenjoey Headland,

(vi)  the taking of fish from Lord Howe Island waters,

(b)  all inland waters are waters in which the class of commercial fishing that consists of any commercial fishing activity other than the following is prohibited:

(i)  the taking of yabbies,

(ii)  the taking of carp, and

(c)  all waters specified in the column headed “Waters” in the Table to this clause are waters in which the classes of commercial fishing specified in the column headed “Class of commercial fishing prohibited” in relation to those waters in that Table are prohibited.

Note. The Fisheries Management (Supporting Plan) Regulation 2006 contains further prohibitions that apply to commercial fishing in share management fisheries.

Table   Waters protected from certain commercial fishing

Waters	Class of commercial fishing prohibited
Back Lake (also known as Back Lagoon):
the whole of the waters of Back Lake, including all its tributaries, creeks, bays and inlets, from its confluence with the South Pacific Ocean upstream to its source.	All commercial fishing.
Bega River:
the whole of the waters of Bega River, including all its tributaries, creeks, bays and inlets, from its confluence with the South Pacific Ocean upstream to its source.	All commercial fishing.
Bellinger River (including Kalang River):
the whole of the waters of Bellinger River, from its confluence with the Pacific Ocean upstream to its source, including Kalang River and all their tributaries, creeks, bays, inlets and lagoons.	All commercial fishing.
Bermagui River:
the whole of the waters of Bermagui River, from a line drawn between the eastern extremity of the northern breakwall south to Bermagui Point upstream to its source, including all its tributaries, creeks, bays and inlets.	All commercial fishing, except the carriage of stowed fishing gear by boat directly from Bermagui Harbour to ocean waters.
Botany Bay:
the whole of the waters of Botany Bay, together with all its tributaries, creeks, bays and inlets.	All commercial fishing, other than the taking of lobsters and abalone in accordance with the relevant share management plan.
Burrill Lake:
the whole of the waters of Burrill Lake and Burrill Lake Entrance Channel, together with all their tributaries, creeks, bays and inlets.	All commercial fishing.
Camden Haven River:
the whole of the waters of Camden Haven River from a line drawn between the eastern extremities of its northern and southern breakwalls upstream to North Haven Bridge and Dunbogan Bridge, which waters include the waters under those bridges, Gogleys Lagoon and all tributaries, creeks, bays and inlets.	All commercial fishing.
Clarence River:
(a)  the waters enclosed within a line drawn across the river entrance from the eastern extremity of the northern breakwall to the eastern extremity of the southern breakwall, and then upstream to a line drawn from the Maritime Authority of NSW Front Lead Beacon No 122 at mean high water mark on the northern side of Hickey Island, then northwesterly to the Maritime Authority of NSW Navigation Aid No 097 located on the downstream side of the most easterly opening in Middle Wall, then northeasterly across to the western extremity of Moriartys Wall,	All commercial fishing, except the class of commercial fishing that consists of the lawful use of a hauling net (general purpose) on and from 1 April in any year up to and including 31 August in that year in the waters adjacent to Wave Trap Beach located at the western end of the northern breakwall at the entrance of the Clarence River.
(b)  the whole of the waters of Oyster Channel from a line drawn from the NSW Fisheries marker post RFH1, located on the southern shore adjacent to the intersection of Micalo and Yamba Roads, northeasterly to the NSW Fisheries marker post RFH2 located on the shore north of Whyna Island, then following the mean high water mark upstream to a NSW Fisheries marker post RFH3 beneath the second set of powerlines crossing Oyster Channel, located approximately 420m upstream of the Oyster Channel Road Bridge, then westerly following the powerlines to a NSW Fisheries marker post RFH4 on the shore of Micalo Island,	All commercial fishing.
(c)  the whole of the waters of Romiaka Channel south from a line drawn from the NSW Fisheries marker post RFH5, located on the shore of the northern extremity of Romiaka Island, northerly across to the NSW Fisheries marker post RFH6 on the shore at Palmers Island, west of Ungundam Island, and then upstream to a line drawn from the NSW Fisheries marker post RFH7 located on the shore of Romiaka Island at the southern end of the rock retaining wall on “Burn’s farm”, then westerly across Romiaka Channel to the NSW Fisheries marker post RFH8 on the shore of Palmers Island,	All commercial fishing.
(d)  the whole of the waters of the North Arm of the Clarence River within the following boundaries, commencing at the NSW Fisheries marker post RFH9 located on the shore beneath the multiple overhead powerlines crossing the waters of the North Arm near Marandowie Drive, Iluka, then westerly directly beneath those powerlines for 100 metres, then upstream and parallel to the shore to a line parallel to the powerlines drawn from the NSW Fisheries marker post RFH10 located on the shore near the northern end of the rock retaining wall at the entrance to Saltwater Inlet).	All commercial fishing.
Deep Creek:
the whole of the waters of Deep Creek, from its confluence with the Pacific Ocean upstream to its source, including all its tributaries, creeks, bays and inlets.	All commercial fishing.
Hastings River:
the whole of the waters of Hastings River from a line drawn between the eastern extremities of the northern and southern breakwalls upstream to its source, including all its tributaries, creeks, bays and inlets.	All commercial fishing.
Lake Brunderee:
the whole of the waters of Lake Brunderee, together with all its tributaries, creeks, bays and inlets.	All commercial fishing.
Lake Conjola:
the whole of the waters of Lake Conjola (and Berringer Lake), together with all their tributaries, creeks, bays and inlets.	All commercial fishing.
Lake Macquarie:
the whole of the waters of Lake Macquarie, together with all its tributaries, creeks, bays and inlets.	All commercial fishing.
Little Lake (also known as Little Tilba Lake and Hoyers Lake):
the whole of the waters of Little Lake immediately south of Tilba Lake, including all its tributaries, creeks, bays and inlets.	All commercial fishing.
Manning River:
the whole of the waters of Manning River, from its confluences with the South Pacific Ocean upstream to and including: (a)  Ghinni Ghinni Creek, from a line drawn from a point on the south western shoreline at the mouth of Ghinni Ghinni Creek at 31°52.984′S, 152°33.565′E in a generally easterly direction to the shoreline of Oxley Island at 31°53.066′S, 152°34.011′E, and (b)  Berady Creek, from a line drawn from the upriver bank of Berady Creek due east to the eastern side of the Manning River, in the south channel, which waters include Scotts Creek and all tributaries, creeks, bays and inlets.	All commercial fishing.
Meroo Lake:
the whole of the waters of Meroo Lake, together with all its tributaries, creeks, bays and inlets.	All commercial fishing.
Mummaga Lake (also known as Dalmeny Lake):
the whole of the waters of Mummaga Lake, together with all its tributaries, creeks, bays and inlets.	All commercial fishing.
Narrawallee Inlet:
the whole of the waters of Narrawallee Inlet, together with all its tributaries, creeks and bays.	All commercial fishing.
Nelson Lagoon (also known as Nelson Lake):
the whole of the waters of Nelson Lagoon, including all its tributaries, creeks, bays and inlets, from its confluence with the South Pacific Ocean upstream to its source.	All commercial fishing.
Nullica River:
the whole of the waters of Nullica River, including all its tributaries, creeks, bays and inlets, from its confluence with Twofold Bay upstream to its source.	All commercial fishing.
Pambula River and Yowaka River:
the whole of the waters of Pambula River and Yowaka River, including all their tributaries, creeks, bays and inlets, upstream of a line drawn from the southern end of Tea Tree Point and then due west to the boat ramp.	All commercial fishing.
Richmond River:
(a)  from a line drawn between the eastern extremities of the northern and southern breakwalls upstream to a line drawn across the River between the Burns Point Ferry ramps, including all the tributaries, creeks, bays, inlets and canal estates within those boundaries,	All commercial fishing, except the class of commercial fishing that consists of the lawful use of a hauling net (general purpose) to take sea mullet (Mugil cephalus) during April to July each year from the waters enclosed north of a line drawn from the southernmost extremity of the rock embankment at the eastern end of Missingham Bridge to a point approximately 225 metres in an east south east direction along the northern breakwater adjacent to Shaws Bay.
(b)  from a line drawn across the River between the Burns Point Ferry ramps upstream to a line drawn east across the River from the south-eastern corner of Portion 21 at the eastern end of Emigrant Point Lane, including Emigrant Creek and all other tributaries, creeks, bays, inlets and canal estates within those boundaries.	All commercial fishing, except the class of commercial fishing that consists of the lawful use of a crab trap or an eel trap.
St Georges Basin:
the whole of the waters of St Georges Basin, together with all its tributaries, creeks, bays and Sussex Inlet.	All commercial fishing.
Tabourie Lake:
the whole of the waters of Tabourie Lake, together with all its tributaries, creeks, bays and inlets.	All commercial fishing.
Tomaga River:
the whole of the waters of Tomaga River, together with all its tributaries, creeks, bays and inlets.	All commercial fishing.
Towamba River (also known as Kiah River):
the whole of the waters of Towamba River, including all its tributaries, creeks, bays and inlets, from its confluence with Twofold Bay upstream to its source.	All commercial fishing.
Tuross Lake (including Tuross River and Borang Lake):
the whole of the waters of Tuross Lake, together with all its tributaries, creeks, bays, inlets and lagoons, including Tuross River and Borang Lake.	All commercial fishing.
Tweed River:
the following waters of the Tweed River: (a)  from a line drawn between the eastern extremities of the northern and southern breakwalls upstream to Boyds Bay Bridge (including the waters under the bridge) and a line drawn from the southern point of Rocky Point due east to Fingal Road, including Jack Evans Boat Harbour, the Southern Boat Harbour and all the tributaries, creeks, bays, inlets and canal estates within those boundaries, (b)  the canal estate off Bingham Bay known as Seagulls Canal, as well as its continuation on the other side of The Lakes Drive, (c)  the canal estate off Cobaki Broadwater known as Tweed West Canals, (d)  the tributary behind Caddy’s Island known as Blue Water Canals, (e)  the canal estate behind Crystal Waters Drive known as Crystal Waters Canal, (f)  the canal estate west of Boyd’s Island known as Endless Summer Canal Estate, (g)  the canal estate generally north of Chinderah Island known as Oxley Cove, (h)  Wommin Lagoon, (i)  Wommin Lake.	All commercial fishing.
Wonboyn River and Wonboyn Lake:
the whole of the waters of Wonboyn River, including Wonboyn Lake, and all the tributaries, creeks, bays and inlets, from its confluence with the South Pacific Ocean upstream to its source.	All commercial fishing.
Wonboyn Beach:
the whole of the waters adjacent to the shoreline and 500 metres seaward of the mean high water mark of the entire length of Wonboyn Beach between Green Cape Peninsula in the north and Greenglade in the south, including Bay Cliff Headland.	All methods of net fishing.

8B   Fish and waters protected from recreational fishing

(1)  For the purposes of section 20A (1) and (2) of the Act, the species of fish specified in Column 2 of Schedule 2 are protected from the class of recreational fishing specified in Column 3 of that Schedule in the waters specified in Column 1 of that Schedule during the period specified in Column 4 of that Schedule.

(2)  This clause does not apply in respect of a commercial fisher taking fish for sale as authorised under the Act.

(3)  In Schedule 2, longitude and latitude coordinates are in WGS84 datum, unless otherwise provided.

Division 2 Prohibited size fish

9   Prohibited size fish

(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 or weight of the fish is less than the minimum measurement or weight 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.

(1A)  For a species that has both a minimum measurement and a minimum weight, the fish is not a prohibited size fish if either the measurement or the weight exceeds the minimum.

(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,

(b1)  in the case of Balmain bug—the width of the carapace is to be measured at its widest point from spike to spike (whether or not damaged),

(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,

(e)  in the case of spiny crayfish, Murray or eastern freshwater—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.

(3)  If a fish is frozen, refrigerated or chilled, the size of the fish is to be determined as so frozen, refrigerated or chilled.

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	36
Flathead, sand	Platycephalus caeruleopunctatus	33
Flathead, tiger	Platycephalus richardsoni	33
Flounders and Soles	Species of Families Bothidae, Pleuronectidae, Cynoglossidae and Soleidae	25
Groper, blue, red or brown	Achoerodus viridis	30
Luderick (or blackfish)	Girella tricuspidata	27
Mackerel, spanish	Scomberomorus commerson	75
Mackerel, spotted	Scomberomorus munroi	60
Mahi-mahi (or dolphin fish)	Coryphaena hippurus	60
Morwong, jackass	Nemadactylus macropterus	30
Morwong, red or sea carp	Cheilodactylus fuscus	30
Morwong, rubberlip	Nemadactylus douglasii	30
Mullet, sea or bully	Mugil cephalus	30
Mulloway (or jewfish)	Argyrosomus japonicus	45
Perch, pearl	Glaucosoma scapulare	30
School shark	Galeorhinus galeus	91
Snapper	Pagrus auratus	30
Tailor	Pomatomus saltatrix	30
Tarwhine	Rhabdosargus sarba	20
Teraglin	Atractoscion aequidens	38
Trevally, silver	Pseudocaranx dentex	30
Whiting, sand or silver	Sillago ciliata	27
Yellowtail kingfish	Seriola lalandi	65

Part 2   Invertebrates—Marine or estuarine

	Column 1	Column 2
Common name	Species	Minimum measurement in centimetres
Abalone	Haliotis rubra	11.7
Balmain bug	Ibacus peronii or ibacus chacei	10
Crab, blue swimmer or sand	Portunus pelagicus	6
Crab, mud, black or mangrove	Scylla serrata	8.5
Crab, spanner	Ranina ranina	9.3
Lobster, eastern rock	Jasus verreauxi	10.4
Lobster, southern rock (male)	Jasus edwardsii	11
Lobster, southern rock (female)	Jasus edwardsii	10.5
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 peelii peelii	50 (for fish in possession or sold before 30 November 2007) 55 (for fish in possession or sold on or after 1 December 2007 and before 1 December 2008) 60 (for fish in possession or sold on or after 1 December 2008)
Eel, longfinned	Anguilla reinhartdii	58
Eel, shortfinned	Anguilla australis	30
Perch, golden or yellow belly	Macquaria ambigua	30
Perch, silver	Bidyanus bidyanus	25
Salmon, Atlantic	Salmo salar	25
Trout, brook	Salvelinus fontinalis	25
Trout, brown	Salmo trutta	25
Trout, rainbow	Oncorhynchus mykiss	25

Part 4   Invertebrates—Freshwater or estuarine

	Column 1	Column 2
Common name	Species	Minimum measurement in centimetres
Spiny crayfish, Murray or eastern freshwater	Euastacus spp.	9

Part 5   Minimum weight

	Column 1	Column 2
Common name	Species	Minimum weight in grams
Eel, longfinned	Anguilla reinhartdii	500

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	18

10   Defence—taking of mullet for bait

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 mullet, and

(b)  the fish do not exceed 15 cm in measurement as determined in accordance with clause 9 (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

11   Bag limits—taking of fish

(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.

(2)  For the purposes of section 17 (1) of the Act, the daily limit of fish (of a species specified in Column 1 of Part 3 or 4 of the Table to this Division) taken from waters specified opposite that species of fish in Column 2 of Part 3 or 4 of that Table is the quantity specified opposite that species of fish in Column 3 of Part 3 or 4 of that Table.

12   Bag limits—possession of fish

(1)  For the purposes of section 18 (1) of the Act, the possession limit of fish (of a species specified in Column 1 of Part 1 or 2 of the Table to this Division) is, when the person in possession of that species of fish is in or on or adjacent to any waters or is transporting or storing the fish, the quantity specified opposite that species of fish in Column 2 of Part 1 or 2 of that Table.

(2)  For the purposes of section 18 (1) of the Act, the possession limit of fish (of a species specified in Column 1 of Part 3 or 4 of the Table to this Division) is:

(a)  when a person is in or on or adjacent to the waters specified opposite that species of fish in Column 2 of Part 3 or 4 of the Table, the quantity specified opposite that species of fish in Column 4, or

(b)  when a person is transporting or storing fish otherwise than while in or on or adjacent to waters, the quantity specified opposite that species of fish in Column 4 of Part 3 or 4 of the Table or, if different quantities of that species of fish are specified in relation to different waters, the lower or lowest quantity specified.

(3)  It is a defence to a prosecution for an offence against section 18 (2) of the Act that is constituted by transporting or storing fish, otherwise than while in or on or adjacent to waters, in a quantity that exceeds the possession limit of the fish, if the person charged proves that:

(a)  the fish were taken from waters specified opposite the fish in Column 2 of Part 3 or 4 of the Table, and

(b)  the quantity of fish in the person’s possession did not exceed the possession limit for the fish that would have applied if the person had been in or on or adjacent to the waters from which they were taken.

13   General bag limit

(1)  For any species of marine or estuarine fish (including marine or estuarine invertebrates and tunicates) not included in the Table to this Division:

(a)  the daily limit of fish of that species is 20, and

(b)  the possession limit of fish of that species (when the person in possession is in or on or adjacent to any waters or is transporting or storing the fish) is 20.

(2)  For any species of native freshwater fish (other than invertebrates) not included in the Table to this Division:

(a)  the daily limit of fish of that species is 10, and

(b)  the possession limit of fish of that species (when the person in possession is in or on or adjacent to any waters or is transporting or storing the fish) is 10.

14   Application of bag limits to commercial fishers

(1)  A daily limit specified in this Division does not apply in respect of fish taken by a commercial fisher for sale.

(2)  A possession limit specified in this Division does not apply in respect of fish in the possession of a commercial fisher for sale.

(3)  However, those daily limits and possession limits do apply in respect of fish taken by, or in the possession of, a commercial fisher otherwise than for sale.

(4)  Despite subclauses (1)–(3), the daily bag limits and possession limits specified in this Division do apply in respect of fish taken by, or in the possession of, a commercial fisher (whether or not the fish are taken or in possession for sale) if the fish were taken in Lord Howe Island waters by use of a boat and at the time that the fish were taken:

(a)  the boat was being used as a charter fishing boat, or

(b)  there were four or more persons on the boat (including any commercial fisher).

(5)  Subclause (4) is subject to the exemption for charter fishing operations set out in clause 14A.

14A   Application of bag limits to charter fishing boat operations

(1)  A daily limit or possession limit specified in this Division does not apply in relation to any charter fishing exempt fish that is in the possession of the master of a boat that is a licensed charter fishing boat, or an exempt charter fishing boat, if the fish were taken while on board the boat for use as bait in guided recreational charter fishing, and the fish is not taken or in possession for sale.

(2)  In this clause:

charter fishing exempt fish means any of the following species of fish:

(a)  Australian anchovy,

(b)  garfish, except eastern sea garfish,

(c)  hardyhead and silverfish,

(d)  southern herring,

(e)  slimy mackerel,

(f)  maray (or round herring),

(g)  pilchard,

(h)  blue sprat (or bluebait),

(i)  sandy sprat (or whitebait),

(j)  yellowtail and jack mackerel.

exempt charter fishing boat means a charter fishing boat in respect of which a licence under Part 4A of the Act is not required under clause 335.

guided recreational charter fishing means guided recreational charter fishing of a kind referred to in clause 298.

licensed charter fishing boat means a charter fishing boat licensed under Part 4A of the Act.

Note. Clause 335 contains an exemption from licensing requirements for boats used principally in Lord Howe Island waters.

15   Possession limits do not apply to fish lawfully taken for sale

(1)  It is lawful for a commercial fisher to be in possession of fish in excess of a possession limit specified in this Division if the commercial fisher lawfully took the fish for sale.

(2)  It is lawful for a person to be in possession of fish in excess of a possession limit specified in this Division if the person purchased or otherwise acquired the fish from another person whose possession of the fish was lawful (whether as a result of subclause (1) or as a result of one or more applications of this subclause).

(3)  It is a defence to a prosecution for an offence against section 18 of the Act constituted by being in possession of fish in excess of a possession limit specified in this Division if the person charged proves:

(a)  that he or she purchased or otherwise acquired the fish from another person, and

(b)  that the other person’s possession of the fish was lawful or that there were no reasonable grounds to suspect that the other person’s possession of the fish was unlawful.

Table   Bag limits

Part 1   Fish—Marine or estuarine

Part 2   Invertebrates

Part 3   Fish—Freshwater or estuarine

Part 4   Invertebrates—Freshwater

Note. 

A scientific name for a fish specified in this Table is the scientific name of the species as at the date the name of the fish was inserted in the Table.

Division 4

16–18(Repealed)

Division 5 Miscellaneous

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

(1)  Nothing in this Part affects any prohibition or conditions imposed by or under the Act or the Marine Parks Act 1997 with respect to the taking of fish.

(2)  In particular, a provision of this Part that specifies:

(a)  the minimum measurements, or

(b)  the daily limit (within the meaning of section 17 (1) of the Act), or

(c)  the possession limit (within the meaning of section 18 (1) of the Act),

      in respect of any species of fish is not to be construed as authorising any of the following:

(d)  the taking of fish in waters that are closed to fishing by virtue of a notification in force under section 8 of the Act,

(e)  the taking for sale of any fish protected from commercial fishing,

(f)  the taking for sale of fish from any area protected from commercial fishing,

(g)  the taking of fish in contravention of:

(i)  a regulation relating to aquatic reserves made under section 197 of the Act, or

(ii)  a management plan for an aquatic reserve made under section 197A of the Act, or

(iii)  an aquatic reserve notification in force under section 197E of the Act,

(h)  the taking of fish in contravention of any provision of, or any instrument or notification under, the Marine Parks Act 1997.