Part 3 Fishing gear

Division 1 Lawful use of fishing gear generally

Note. Under section 24 of the Act it is an offence for a person to use a net or trap for taking any fish unless its use by the person for taking those fish is declared by the regulations to be a lawful use of the net or trap. Section 25 of the Act also makes it an offence for a person to be in possession of any fishing gear in, on or adjacent to any waters if the use by that person of that fishing gear for taking fish from those waters is, at that time, prohibited by or under the Act.

19   Fishing gear cannot be used in contravention of other restrictions

(1)  A provision of this Part that declares the use of a net or other fishing gear to be lawful, or to be lawful in specified circumstances, does not affect 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, nothing in this Part is to be construed as authorising the use, in any circumstances, of a net or other fishing gear for any of the following:

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

(b)  the taking of fish that are prohibited size fish or protected fish,

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

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

(e)  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,

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

(g)  the taking of fish in contravention of a condition of a commercial fishing licence or an endorsement on a commercial fishing licence.

20   Lawful use of fishing gear

(1)  For the purposes of this Part, a person who holds a commercial fishing licence that does not authorise the person to take fish for sale in a restricted fishery or a share management fishery is to be treated, in respect of that fishery, as a person who is not a commercial fisher.

(2)  Accordingly, despite the other provisions of this Part, it is unlawful for such a person to use a net or trap for taking any fish in that restricted fishery or share management fishery if the use of that net or trap for taking those fish would, if the person were not a commercial fisher, be unlawful.

(3), (4)  (Repealed)

20A   (Repealed)

20B   Use of certain fishing gear prohibited in vicinity of Fish Rock

(1)  This clause applies to all waters within 500 metres of the mean high water mark of Fish Rock.

Note. See also Division 1 of Part 11A. Part of the area around Fish Rock is critical habitat of the grey nurse shark (see Gazette No 237 of 29.11.2002, p 10137).

(2)  A person must not take or attempt to take, by means of a spear, speargun or similar device, any fish from waters to which this clause applies other than fish of the following families or species:

(a)  families:

(i)  Carangidae (including all trevallies, kingfish and rainbow runner),

(ii)  Scombridae (mackerel and wahoo tuna),

(iii)  Istiophoridae (marlin and sailfish),

(b)  species:

(i)  cobia (Rachycentron canadus),

(ii)  tailor (Pomatomus saltator),

(iii)  dolphin fish (Corphaena hippurus),

(iv)  Australian salmon (Arripis trutta).

Maximum penalty: 100 penalty units.

(3)  A person must not, while using any apparatus (other than a snorkel) capable of supplying air to facilitate breathing underwater, take or attempt to take fish from waters to which this clause applies by any method.

Maximum penalty: 100 penalty units.

21   (Repealed)

Division 2

22–24(Repealed)

Division 3 Lawful commercial nets

Note. Under section 24 of the Act it is an offence for a person to use a net or trap for taking any fish unless its use by the person for taking those fish is declared by the regulations to be a lawful use of the net or trap.

25   Definitions

In this Division:

body of a net means the netting that forms that part of the net forward of the codend, including the wings, belly, and any extension piece that may be inserted immediately forward of the codend.

codend of a net means the piece of netting that forms the posterior most part of the net where the catch accumulates.

26   Nets used in share management fisheries

(1)  The nets specified in Column 1 of the Table to this clause may lawfully be used to take fish in the waters of the share management fisheries specified next to the net concerned in Column 2 of the Table to this clause.

(2)  The description of the net, and its use, in relation to the waters of a share management fishery, must comply with the requirements prescribed by the management plan for the fishery concerned (including any requirements of a supporting plan that applies to the fishery).

Table   Nets used in share management fisheries

Column 1	Column 2
Net	Share management fishery
Bait net	Estuary general
Danish seine trawl net (fish)	Ocean trawl
Dip or scoop net (prawns)	Estuary general
Flathead net	Estuary general
Garfish net (bullringing)	Estuary general
Garfish net (hauling)	Estuary general
	Ocean hauling
Hand-hauled prawn net	Estuary general
Hauling net (general purpose)	Estuary general
	Ocean hauling
Hoop or lift net	Estuary general
Landing net	Estuary general
	Estuary prawn trawl
	Ocean hauling
	Ocean trap and line
	Ocean trawl
	Lobster
Meshing net	Estuary general
Otter trawl net (fish)	Ocean trawl
Otter trawl net (prawns)	Ocean trawl
	Estuary prawn trawl
Pilchard, anchovy and bait net (hauling)	Estuary general
	Ocean hauling
Prawn net (hauling)	Estuary general
Prawn net (set pocket)	Estuary general
Prawn running net	Estuary general
Purse seine net	Ocean hauling
Push or scissors net	Estuary general
Seine net (prawns)	Estuary general
Spanner crab net	Ocean trap and line
Trumpeter whiting net (hauling)	Estuary general

Note. 

Some of these nets may also be used in restricted fisheries, as indicated in subsequent clauses, and by recreational fishers, as indicated in Division 4. Different requirements (including different net specifications) apply when the nets are used in different fisheries and by recreational fishers.

27   Otter trawl net (fish)—southern fish trawl fishery

(1)  It is lawful for the holder of a southern fish trawl endorsement in the southern fish trawl restricted fishery to use an otter trawl net for taking fish (other than prawns, abalone and rock lobsters) in the waters specified in the Table to this clause if the net complies with the description set out in relation to those waters in that Table and the following conditions are complied with:

(a)  the net is used only by the method of bottom trawling,

(b)  no rope, string, wire, cord, netting or other material is fixed to the codend of the net, or to any meshes within 25 meshes of the codend, except as permitted by subclause (2),

(c)  mesh of net is constructed of single twine mesh with a diameter of not more than 6 mm, except as permitted by subclause (3),

(d)  any rubber discs or rollers (also known as bobbin gear) that are fitted to the net do not exceed 100 mm in diameter,

(e)  mesh of the codend of the net (or the part of the net capable of being used as a codend) does not exceed 100 meshes in circumference (except as permitted by subclause (3)) and, in any case, does not exceed the number of meshes in circumference of that part of the net immediately forward of the codend (or part of the net capable of being used as a codend),

(f)  the net is fitted with a bycatch reduction device of a kind approved by the Director-General and that device is fitted in accordance with any specifications issued by the Director-General and published in the Gazette.

(2)  An otter trawl net may have attached to it any of the following:

(a)  a frill of netting material (skirt), if it is attached to the net not more than 5 meshes from the last row of meshes of the codend,

(b)  a draw or closing string that may be inserted either directly into the end of the codend or by means of a secondary string,

(c)  a single length of rope, for the purpose of splitting the catch and lifting the codend, but only if the rope is not fitted in any manner so as to reduce the effective mesh size of the meshes to less than required by this clause (and, in particular, the rope must not be connected so as to form a loop around the net (or codend) that has a circumference less than that part of the net when stretched transversely).

(3)  The mesh of the codend of the net (or the part of the net capable of being used as a codend) may be more than 100 meshes but not more than 200 meshes in circumference, and may be constructed of double twine mesh with a maximum twine diameter of 5 mm, while the net is being used in waters designated as ‘trawl whiting grounds’ as approved by the Director-General and published in the Gazette.

(4)  For the purposes of this Regulation or any other instrument under the Act, a net described in this clause may be referred to as an otter trawl net (fish) or an otter trawl net (fish)—southern fish trawl fishery.

Table   Otter trawl net (fish)

1

(a)  Waters—Ocean waters that are not more than 3 nautical miles from the natural coast line and are south of a line drawn due east of Barrenjoey Head. (b)  Description of net—Mesh not less than 90 mm throughout; sweeps (including bridles) not to exceed 274 metres (150 fathom) between the point of attachment to the otter board and the first hanging of the net; no more than 1 line of ground chain with links of not more than 16 mm in diameter; total length of net (length of head line between end net hangings) not exceeding 60 metres.

28   Danish seine trawl net (fish)—southern fish trawl fishery

(1)  It is lawful for the holder of a southern fish trawl endorsement in the southern fish trawl restricted fishery to use a danish seine trawl net for taking fish (other than prawns, abalone and rock lobsters) in the waters specified in the Table to this clause if the net complies with the description set out in relation to those waters in that Table and the net is used only by the method of danish seining.

(2)  For the purposes of this Regulation or any other instrument under the Act, a net described in this clause may be referred to as a danish seine trawl net (fish) or a danish seine trawl net (fish)—southern fish trawl fishery.

Table   Danish seine trawl net (fish)

1	(a)  Waters—Ocean waters that are not more than 3 nautical miles from the natural coast line and are south of a line drawn due east of Barrenjoey Head. (b)  Description of net—Mesh not less than 83 mm throughout.

29–45   (Repealed)

Division 4 Lawful recreational nets

46   Application of Division

Subject to anything to the contrary in this Division, the nets described in this Division may be lawfully used by any person (whether or not a commercial fisher).

Note. Under section 24 of the Act it is an offence for a person to use a net for taking any fish unless its use by the person for taking those fish is declared by the regulations to be a lawful use of the net.

47   Spanner crab net

(1)  It is lawful for a person to use a net for taking spanner crabs in the waters specified in the Table to this clause if the net complies with the description set out in relation to those waters in that Table and the following conditions are complied with:

(a)  not more than one spanner crab net is used by the person at any one time,

(b)  the net is used only as a hand implement and only by the method of lowering the net into the water and then drawing the net vertically to the surface.

(1A)  This clause does not apply to or in respect of a commercial fisher taking spanner crabs for sale or a member of the crew of such a commercial fisher.

(2)  For the purposes of this Regulation or any other instrument under the Act, a net described in this clause may be referred to as a spanner crab net.

Table   Spanner crab net

1

(a)  Waters—Ocean waters north of Korogoro Point (Hat Head). (b)  Description of net—Net attached to a rigid rectangular frame not exceeding 1.6 metres in length and 1 metre in width; net not capable of extending more than 0.1 metre beneath the frame when the frame is suspended in a horizontal position.

48   Hoop or lift net

(1)  It is lawful to use a hoop or lift net for taking fish (including crabs and freshwater spiny crayfish, but excluding rock lobster in tidal waters or a prohibited size class of fish) in the waters specified in the Table to this clause if the net complies with the description as set out in relation to those waters in that Table and the following conditions are complied with:

(a)  the net is used only as a hand implement and only by the method of lowering the net into the water and then drawing the net vertically to the surface,

(b), (c)  (Repealed)

(d)  not more than 5 nets are used by any person at any one time.

(e)  (Repealed)

(1A)  This clause does not apply to or in respect of the holder of an endorsement in the estuary general fishery when taking fish for sale in that fishery.

Note. See the Fisheries Management (Estuary General Share Management Plan) Regulation 2006 in relation to the use of hoop or lift nets in the estuary general fishery.

(2)  For the purposes of this Regulation or any other instrument under the Act, a net described in this clause may be referred to as a hoop or lift net.

Table   Hoop or lift net

1

(a)  Waters—Any waters (other than ocean waters). (b)  Description of net—Net attached to not more than 2 hoops, rings or frames not exceeding 1.25 metres in their greatest diameter (or at their greatest diagonal); hoops, rings or frames not attached to each other by means of any rigid frame; total length from the centre of the plane of the hoop, ring or frame to the extremity of the net, or between the 2 hoops, rings or frames, not exceeding 1 metre; mesh not less than 13 mm.

49   Hand-hauled prawn net

(1)  It is lawful to use a hand-hauled net for taking prawns in the waters specified in the Table to this clause if the net complies with the description as set out in relation to those waters in that Table and the following conditions are complied with:

(a)  the net is not staked or set, or joined or placed together with any other net,

(b)  the net is continuously and manually propelled and not used as a stationary net,

(c)  the net is not attached to a hauling line.

(2)  It is also lawful to use a hand-hauled net to take other fish (other than a prohibited size class of fish) that are taken by the net when it is being lawfully used for taking prawns.

(2A)  This clause does not apply to or in respect of the holder of an endorsement in the estuary general fishery when taking fish for sale in that fishery.

Note. See the Fisheries Management (Estuary General Share Management Plan) Regulation 2006 in relation to the use of hand-hauled prawn nets in the estuary general fishery.

(3)  For the purposes of this Regulation or any other instrument under the Act, a net described in this clause may be referred to as a hand-hauled prawn net.

Table   Hand-hauled prawn net

1	(a)  Waters—Any waters (other than inland waters). (b)  Description of net—Total length not exceeding 6 metres; mesh throughout not less than 30 mm nor more than 36 mm.

50   Push or scissors net (prawns)

(1)  It is lawful to use a push or scissors net for taking prawns in the waters specified in the Table to this clause if the net complies with the description as set out in relation to those waters in that Table and the following conditions are complied with:

(a)  the net is used only as a hand implement and is not staked or set, or joined or placed together with any other net,

(b)  the net is continuously propelled and not used as a stationary net,

(c)  the net is operated only by 1 person without assistance from any other person,

(d)  only 1 net is used by a person at any one time.

(2)  It is also lawful to use a push or scissors net to take other fish (other than a prohibited size class of fish) that are taken by the net when it is being lawfully used for taking prawns.

(2A)  This clause does not apply to or in respect of the holder of an endorsement in the estuary general fishery when taking fish for sale in that fishery.

Note. See the Fisheries Management (Estuary General Share Management Plan) Regulation 2006 in relation to the use of push or scissors nets (prawns) in the estuary general fishery.

(3)  For the purposes of this Regulation or any other instrument under the Act, a net described in this clause may be referred to as a push or scissors net (prawns).

Table   Push or scissors net (prawns)

1	(a)  Waters—Any waters (other than inland waters). (b)  Description of net—Net attached to a scissors-type frame; length of lead or bottom line between the lower extremities of the poles not exceeding 2.75 metres; mesh not less than 30 mm nor more than 36 mm.

51   Dip or scoop net (prawns)

(1)  It is lawful to use a dip or scoop net for taking prawns in the waters specified in the Table to this clause if the net complies with the description as set out in relation to those waters in that Table and the following conditions are complied with:

(a)  the net is used as a hand implement only and not staked or set, or joined or placed together with any other net,

(b)  only 1 net is used by a person at any one time.

(2)  It is also lawful to use a dip or scoop net to take other fish that are taken by the net when it is being lawfully used for taking prawns.

(2A)  This clause does not apply to or in respect of the holder of an endorsement in the estuary general fishery when taking fish for sale in that fishery.

Note. See the Fisheries Management (Estuary General Share Management Plan) Regulation 2006 in relation to the use of dip or scoop nets (prawns) in the estuary general fishery.

(3)  For the purposes of this Regulation or any other instrument under the Act, a net described in this clause may be referred to as a dip or scoop net (prawns).

Table   Dip or scoop net (prawns)

1

(a)  Waters—Any waters (other than inland waters). (b)  Description of net—Net attached to a frame, hoop or ring not exceeding 0.6 metre in its greatest diameter, with a handle of not more than 1.2 metres in length, with a total length from the centre of the plane of the frame, hoop or ring to the extremity of the net not exceeding 1.25 metres; mesh not less than 20 mm.

52   Hand-hauled yabby net

(1)  It is lawful to use a hand-hauled net for taking freshwater crayfish (of the species commonly known as the yabby) in the waters specified in the Table to this clause if the net complies with the description as set out in relation to those waters in that Table and the following conditions are complied with:

(a)  the net is used as a hand implement only and not staked or set, or joined or placed together with any other net,

(b)  the net is continuously and manually propelled and not used as a stationary net,

(c)  the net is operated by 1 person only (with the assistance of no more than 1 other person).

(2)  For the purposes of this Regulation or any other instrument under the Act, a net described in this clause may be referred to as a hand-hauled yabby net.

Table   Hand-hauled yabby net

1	(a)  Waters—Inland waters, being ground tanks, bore drains or lagoons. (b)  Description of net—Not exceeding 6 metres; mesh throughout not more than 40 mm; used with or without hauling lines or poles.

53   Landing net

(1)  It is lawful to use a landing net for taking fish (other than prawns) in the waters set out in the Table to this clause if the net complies with the description set out in relation to those waters in that Table and the following conditions are complied with:

(a)  in the case of a net used by the holder of an endorsement in the southern fish trawl restricted fishery—the net is used only as an ancillary aid to another fishing method that it is lawful for the endorsement holder to use to take fish for sale in the waters concerned,

(b)  in any other case—the net is used only as an ancillary aid to a rod and line or handline.

(1A)  This clause does not apply to or in respect of the holder of an endorsement in a share management fishery when taking fish for sale in that fishery.

Note. See the Fisheries Management (Supporting Plan) Regulation 2006 in relation to the use of landing nets in share management fisheries.

(2)  For the purposes of this Regulation or any other instrument under the Act, a net described in this clause may be referred to as a landing net.

Table   Landing net

1	(a)  Waters—Any waters. (b)  Description of net—Net consisting of a hoop or ring not exceeding 0.6 metre in its greatest diameter and which is attached to netting or other soft material.

Division 4A Other lawful nets

53A   Beach safety meshing net

(1)  It is lawful for an officer of the Department or a person acting on behalf of the Director-General to use a beach safety meshing net for the purposes of shark meshing activities.

(2)  The meshing net may only be used as a sunk net. No part of the net (other than that used for the purposes of tagging) may be on the surface.

(3)  The meshing net must comply with the following specifications:

(a)  Floatline
150 metres of not less than 8 mm diameter, synthetic rope with a breaking strain of not less than 900 kg.

(b)  Leadline
150 metres of not less than 8 mm diameter, synthetic rope with a breaking strain of not less than 900 kg.

(c)  Floats
Gill net floats used must be of not less than 10 cm diameter and not less than 5 cm thickness, or a float of equivalent buoyancy approved by the Director-General and spaced at not more than 5 metre centres.

(d)  Netting twine
The twine must be continuous synthetic filament with a breaking strain of not less than 60 kg.

(e)  Mesh size
The mesh size must be not less than 50 cm nor more than 60 cm. To measure the mesh size the net is to be soaked in water for a period of not less than 5 minutes, then stretched out and the distance between the inside edges of the knots measured using a steel rule certified in accordance with the National Measurement Act 1960 of the Commonwealth.

(f)  Mesh depth
The number of meshes for each mesh size must be as follows:

(i)  60 cm mesh—not less than 12 meshes deep,

(ii)  55 cm mesh—not less than 13 meshes deep,

(iii)  50 cm mesh—not less than 14 meshes deep,

      so that the height is approximately 6 metres when set.

(4)  Nets must be tagged at the surface with a minimum of 25 cm bubbles and clearly marked “Beach Safety Meshing Net”.

Division 5 General provisions relating to lawful use of nets

54   (Repealed)

55   Joining of nets

(1)  For the purposes of this Part, it is unlawful for a person to use in any waters 2 or more nets joined together for the purpose of taking fish.

(2), (3)  (Repealed)

(4)  For the purposes of this Part, it is unlawful for a person to use in any waters 2 or more nets for the purpose of taking fish, being nets that are joined or placed together side by side (either on the cork line or otherwise) in such a manner that the effective mesh or meshes of those combined nets are reduced to a size less than the minimum mesh or meshes described as lawful under this Part.

56   Illegally reducing mesh size of nets

(1)  For the purposes of this Part, it is unlawful for a person to use a net:

(a)  in which any meshes are wholly or partly covered, or

(b)  in which any string, rope, wire, cord, netting or other material is fixed to any meshes, or

(c)  in which any meshes (or any bars) are twisted,

      in any manner so as to reduce the effective mesh size of the meshes to less than that specified under this Part as lawful.

(2)  (Repealed)

57   Monofilament and certain multi-strand nets prohibited

For the purposes of this Part, it is unlawful for a person to use a net any mesh of which is constructed of synthetic material that comprises less than 7 strands.

58   Method of dragging or drawing nets

For the purposes of this Part, it is unlawful for any person to drag or draw ashore any net containing fish in such a way or to such a distance from the water as to prevent prohibited size fish from escaping through the meshes or by the wings of the net into the water, or to allow such prohibited size fish to remain on the shore.

58A, 58B   (Repealed)

Division 6 Lawful traps

Note. Under section 24 of the Act it is an offence for a person to use a trap for taking any fish unless its use by the person for taking those fish is declared by the regulations to be a lawful use of the trap.

59   Traps used in share management fisheries

(1)  The traps specified in Column 1 of the Table to this clause may lawfully be used to take fish in the waters of the share management fisheries specified next to the trap concerned in Column 2 of the Table to this clause.

(2)  The description of the trap, and its use, in relation to the waters of a share management fishery, must comply with the requirements prescribed by the management plan for the fishery concerned (including any requirements of a supporting plan that applies to the fishery).

Table   Traps used in share management fisheries

Column 1	Column 2
Trap	Share management fishery
Fish trap	Estuary general
	Ocean trap and line
Commercial lobster trap	Lobster
Commercial crab trap	Estuary general
Eel trap	Estuary general

60   Recreational lobster trap

(1)  It is lawful for a person to use a trap for taking lobster in the waters specified in the Table to this clause if the trap complies with the description set out in relation to those waters in that Table and the conditions referred to in subclause (2) are complied with.

(2)  The following conditions must be complied with:

(a)  the lobster trap is not set or used unless its position is indicated by a buoy which:

(i)  is moored so as to be positioned above the trap, and

(ii)  has a diameter above the water of not less than 100 mm, and

(iii)  has a weight of not less than 50 gm suspended not less than 1.5 metres under the float so that no rope is floating on the surface of the water, and

(iv)  displays “L” followed by the name of the person who set the trap, in clearly visible letters which are not less than 50 mm in height and are of a colour which contrasts with that of the buoy,

(b)  a person does not set or use more than 1 lobster trap at any one time.

(3)  This clause does not apply to or in respect of a commercial fisher who is taking rock lobster (that is, fish of the species Jasus verreauxi, Jasus edwardsii, Panulirus longipes and Panulirus ornatus) for sale.

Note. The specifications for lobster traps used by commercial fishers are set out in the Lobster Share Management Plan (see Fisheries Management (Lobster Share Management Plan) Regulation 2000).

(4)  For the purposes of this Regulation or any other instrument under the Act, a trap referred to in this clause may be referred to as a recreational lobster trap.

Table   Lobster trap

1

(a)  Waters—Any waters (other than inland waters and any waters more than 10 metres deep (contour)). (b)  Description of trap—Consists of a rectangular base or floor not exceeding 1.2 metres by 1.2 metres (or a circular base not exceeding 1.2 metres in diameter); has 1, 2 or 3 rectangular unobstructed escape gaps (constructed of rigid material) fitted in the trap with at least 1 escape gap being not less than 57 mm by 500 mm, 2 escape gaps each being not less than 57 mm by 250 mm or 3 escape gaps each being not less than 57 mm by 200 mm and so that no part of any escape gap is more than 12 cm above the floor of the trap.

61   Recreational crab trap

(1)  It is lawful to use a trap for taking crabs in the waters specified in the Table to this clause if the trap complies with the description as set out in relation to those waters in that Table and the following conditions are complied with:

(a)  the crab trap is not set or used unless its position is indicated by a buoy which:

(i)  is moored so as to be positioned above the trap, and

(ii)  has a diameter above the water of not less than 100 mm, and

(iii)  has a weight of not less than 50 gm suspended not less than 1 metre under the float so that no rope is floating on the surface of the water, and

(iv)  (Repealed)

(v)  displays the words “CRAB TRAP” followed by the name of the person who set the trap, in clearly visible letters which are not less than 50 mm in height and are of a colour which contrasts with that of the buoy,

(b)  the trap is not set or used in such a manner as to impede the free passage of fish on either or any side of the trap or in such a manner that any 2 traps are closer than 3 metres apart,

(c), (d)  (Repealed)

(e)  a person (other than a commercial fisher) does not set or use more than 1 crab trap at any one time,

(f)  the crab trap is not made of entanglement material.

(g)  (Repealed)

(2)  For the purposes of this Regulation or any other instrument under the Act, a trap described in this clause may be referred to as a crab trap or recreational crab trap.

Table   Crab trap

1, 2

(Repealed)

3

(a)  Waters—Any waters (other than inland and ocean waters). (b)  Description of trap—Not exceeding 1.2 metres in length, 1 metre in width and 0.5 metre in depth (or has a diameter not exceeding 1.6 metres at the top or bottom); consisting of mesh not less than 50 mm; having not more than 4 entrance funnels none of which are on the top of the trap (excluding any access doors for removing crabs from the trap or baiting the trap).

62   Bait trap

(1)  It is lawful to use a trap for the taking of bait in any waters (other than inland waters) if the trap complies with the description as set out in the Table to this clause and a person (other than a commercial fisher) does not set or use more than 1 bait trap at any one time.

(2)  For the purpose of this Regulation or any other instrument under the Act, a trap referred to in this clause may be referred to as a bait trap.

Table   Bait trap

Description of trap—Not exceeding 450 mm in length and 350 mm in diameter with any entrance funnel not exceeding 60 mm in diameter.

63   Yabby trap

(1)  It is lawful to use a trap for taking freshwater crayfish (of the species commonly known as the yabby) in the waters specified in the Table to this clause if the trap complies with the description as set out in relation to those waters in that Table and the following conditions are complied with:

(a)  a commercial fisher does not:

(i)  set or use more than 50 yabby traps at any one time in Lake Victoria, Talpee Lake, Yanga Lake, Lake Benanee, Dry Lake, Lake Cargelligo, Lake Cowal, Lake Poon Boon, Lake Genoe, Lake Cawndilla, Lake Menindee, Lake Panamaroo, and all waters west of the Darling River, or

(ii)  set or use more than 25 yabby traps at any one time in any other inland waters,

(b)  a person (other than a commercial fisher) does not set or use more than 5 yabby traps at any one time and does not leave any trap set for more than 24 hours in any period of 48 consecutive hours,

(c)  the position of a yabby trap is indicated by a buoy or stake above water level to which is attached the name of the person using the trap.

(2)  For the purposes of this Regulation or any other instrument under the Act, a trap referred to in this clause may be referred to as a yabby trap.

Table   Yabby trap

1

(a)  Waters—Inland waters, other than: (i)  waters east of the Newell Highway, (ii)  the Murray River from the Newell Highway at Tocumwal downstream to the Echuca road bridge, (iii)  the Edward River from the Murray River at Picnic Point downstream to Stevens Weir, (iv)  the Murrumbidgee River from Narrandera to the Darlington Point road bridge. (b)  Description of trap—Not exceeding 1 metre in length, 0.6 metre in width and 0.3 metre in depth; constructed of netting or mesh (not being rigid mesh, such as metal or hard plastic) not less than 13 mm; has entrance funnel or funnels containing a rigid ring with a maximum internal diameter of 90 mm permanently affixed at some point along the funnel or funnels.

64   Shrimp trap

(1)  It is lawful to use a trap for taking freshwater shrimp in the waters specified in the Table to this clause if the trap complies with the description as set out in relation to those waters in that Table and the following conditions are complied with:

(a)  A person does not set or use more than 1 shrimp trap at any one time.

(b)  The shrimp trap must have attached to it a tag of not less than 80 mm by 45 mm with the name of the person using the trap marked on it.

(2)  For the purposes of this Regulation or any other instrument under the Act, a trap referred to in this clause may be referred to as a shrimp trap.

Table   Shrimp trap

1	(a)  Waters—Inland waters. (b)  Description of trap—Not exceeding 0.6 metre in length, 0.5 metre in width and 0.5 metre in depth; constructed of netting or mesh not greater than 13 mm; has entrance funnels which are not more than 35 mm in width at the narrowest point measured on any axis.

65   (Repealed)

Division 7 Miscellaneous

66   Set lines and hand held lines

(1)  A person must not for the purpose of taking fish in any waters (other than inland waters):

(a)  use more than 4 hand held lines, or

(b)  use any hand held line with more than 3 hooks or 3 gangs of hooks attached or with more than 3 treble hooks attached to a lure, or

(c)  use any hand held line with a gang of hooks that comprises more than 5 hooks attached.

Maximum penalty: 100 penalty units.

(2)  Subclause (1) (b) does not apply to a person who, for the purpose of taking fish in any ocean waters or estuarine waters, uses not more than 1 hand held line with not more than 6 hooks attached, if:

(a)  a lure is fixed to each hook, and

(b)  the line, when being used for the purpose of taking fish, is not left unattended and is used only by the method of jigging.

(3)  A person must not for the purpose of taking fish (other than Atlantic salmon or trout) in any inland waters:

(a)  use more than 2 hand held lines, or

(b)  use any line with more than 2 hooks or 3 treble hooks attached to a lure.

Maximum penalty: 100 penalty units.

(4)  This clause does not apply in respect of the holder of an endorsement in any of the following fisheries, when the holder is taking fish for sale in that fishery:

(a)  estuary general share management fishery,

(b)  ocean trap and line share management fishery.

Note. The management plans for the above share management fisheries set out the relevant restrictions on use of lines.

(5)  In this clause:

gang of hooks means a group of hooks, each of which is attached to, and in direct contact with, at least 1 other of those hooks.

hand held line means a rod and line or handline.

Note 1. Section 25 of the Act also makes it an offence for a person to be in possession of any fishing gear in, on or adjacent to any waters if the use by that person of that fishing gear for taking fish from those waters is, at that time, prohibited by or under the Act.

Note 2. Under section 4 (1) of the Act, to “take” fish includes to attempt to do so.

67   Leaving hand held line unattended

(1)  A person who is taking or attempting to take fish from any inland waters using a hand held line must not leave that line unattended unless that person remains within 50 metres of the hand held line while it is unattended and the hand held line is within that person’s line of sight.

Maximum penalty: 50 penalty units.

(2)  In this clause, hand held line means a rod and line or handline.

68   Drift lines

(1), (2)  (Repealed)

(3)  A commercial fisher must not, for the purpose of taking fish in any inland waters, set, use or lift a drift line.

Maximum penalty: 100 penalty units.

(4)  A person (other than a commercial fisher) must not, for the purpose of taking fish in any waters, set, use or lift a drift line.

Maximum penalty: 100 penalty units.

(5)  In this clause:

drift line means a line which is attached to a float, buoy or similar device, not being a float, buoy or device which is:

(a)  held in the hand or attached to fishing gear held in the hand, or

(b)  secured in any other manner which prevents it from drifting or floating freely.

Note. Section 25 of the Act also makes it an offence for a person to be in possession of any fishing gear in, on or adjacent to any waters if the use by that person of that fishing gear for taking fish from those waters is, at that time, prohibited by or under the Act.

69   Identification of set fishing gear

(1)  A person must not, in or on any waters, place or set any net or other fishing gear, or use or lift any set net or other set fishing gear, unless the net or gear is identified in accordance with subclause (2) or (3).

Maximum penalty: 50 penalty units.

(2)  The net or gear must be identified by having securely attached to a part of the net or gear which is at or above water level a tag with dimensions of at least 80 mm by 25 mm on which are legibly and durably displayed in capital letters the person’s name and:

(a)  if the person is the holder of a commercial fishing licence or a boat licence under Division 2 of Part 4 of the Act:

(i)  the registration number of the commercial fishing licence of the fisher, or

(ii)  the letters “LFB” followed by the number indicated on the boat licence as the number of the licence, or

(iii)  (Repealed)

(b)  in any other case—the person’s residential address or boat registration number.

(3)  The net or gear must be identified by having securely attached to a part of the net or gear which is ordinarily at or above water level such an identification tag as may be supplied by the Director-General from time to time.

(4)  This clause does not apply to any net or other fishing gear which is required by this Regulation to be identified in another manner.

70   Scuba diving

(1)  A person must not, while using any apparatus capable of supplying air to facilitate breathing underwater, take or attempt to take fish by any method.

Maximum penalty: 100 penalty units.

(2)  Subclause (1) does not apply to a person who takes or attempts to take:

(a)  for the purpose of sale—abalone, sea urchin or turban snail in compliance with the requirements of the Act and this Regulation and (in the case of abalone) the Fisheries Management (Abalone Share Management Plan) Regulation 2000, or

(b)  any fish while using a snorkel, or

(c)  scallops, or

(d)  sea urchin.

71   Spear guns

(1)  A person must not:

(a)  use a spear gun in inland waters for the purpose of taking fish, or

(b)  use a spear gun for the purpose of taking fish in any of the waters described in Schedule 4, or

(c)  use a spear gun aided by lights in any waters for the purpose of taking fish.

Maximum penalty: 50 penalty units.

(2)  A person must not take or attempt to take any fish in any waters by means of a spear gun which is fitted with an explosive device.

Maximum penalty: 100 penalty units.

(3)  In this clause, spear gun includes a spear, bow and arrow or other similar device.

Note. Section 25 of the Act also makes it an offence for a person to be in possession of any fishing gear in, on or adjacent to any waters if the use by that person of that fishing gear for taking fish from those waters is, at that time, prohibited by or under the Act.

72   Firearms

(1)  A person must not take or attempt to take any fish in any waters by means of a firearm.

Maximum penalty: 50 penalty units.

(2)  It is not an offence under this clause for a commercial fisher to use a firearm to kill or attempt to kill shark or other fish lawfully taken by means of fishing gear (other than a firearm).

(3)  In this clause, firearm does not include a spear gun (within the meaning of clause 71).

73   Taking of rock lobster

(1)  A person must not take or attempt to take rock lobster by any method other than by hand picking (whether or not while wearing a glove).

Maximum penalty: 25 penalty units.

(2)  Subclause (1) does not apply to a person who uses a trap for taking or attempting to take rock lobster if the use of the trap by that person for that purpose is, but for this clause, lawful.

74   Taking of yabby, worms, pipis etc

(1)  A person must not take or attempt to take any yabby (pink nippers), squirt worms, blood worms, beachworms, pipis or any other intertidal invertebrate from a rock platform by any method other than by use of a single blade knife with a blade longer than it is wide, or from any other place by any method other than by use of:

(a)  a pump or similar device having a barrel or cylinder with a diameter of not more than 85 mm, or

(b)  a tube or cylinder (whether or not fitted with a cap at one end) with a length of not more than 250 mm and a diameter of not more than 85 mm, or

(c)  a single blade knife with a blade longer than it is wide, or

(d)  a spade or fork (except in a seagrass bed, mangrove or saltmarsh area or for the taking of pipis), or

(e)  pliers.

Maximum penalty: 25 penalty units.

(2)  Subclause (1) does not prevent a person from taking or attempting to take any fish by the method of hand picking (whether or not while wearing a glove).

75   Taking of shellfish by means of a dredge or similar device

(1)  A person must not take or attempt to take shellfish by means of a dredge or similar device.

Maximum penalty: 100 penalty units.

(2)–(4)  (Repealed)

76   Jagging or foul hooking of fish

(1)  In this clause, jagging means the use of any device or instrument that is intended to hook fish otherwise than through the mouth.

(2)  A person must not take or attempt to take fish by the method of jagging.

Maximum penalty: 25 penalty units.

(3)  A person must not use a gaff for the purpose of taking fish from any inland waters.

Maximum penalty: 25 penalty units.

77   Taking of Atlantic salmon or trout

(1)  A person must not take or attempt to take Atlantic salmon or trout from any waters (other than the backed up waters of a dam or an impoundment) by any method other than by the use of a single rod and line with not more than 2 hooks attached or with not more than 3 treble hooks, or 3 double hooks, attached to a lure.

Maximum penalty: 50 penalty units.

(2)  A person must not take or attempt to take Atlantic salmon or trout from the backed up waters of a dam or an impoundment by any method other than by the use of not more than 2 rods and lines, each with not more than 3 hooks attached or with not more than 3 treble hooks, or 3 double hooks, attached to a lure.

Maximum penalty: 50 penalty units.

(3)  A person must not use a light for the purpose of taking Atlantic salmon or trout.

Maximum penalty: 50 penalty units.

(4)  It is not an offence under this clause for a person to use a landing net as an auxiliary to the taking of Atlantic salmon or trout after the salmon or trout has been hooked.

78   Taking of groper

A person must not take or attempt to take in any waters blue, brown or red groper by any method other than by the use of a rod and line or a handline.

Maximum penalty: 100 penalty units.

79   Restrictions on the sale of commercial nets

(1)  A person must not sell a commercial net to another person unless the person is satisfied that the other person:

(a)  is the holder of a commercial fishing licence, or

(b)  is the holder of a permit under this clause.

Maximum penalty: 100 penalty units.

(2)  A person who sells a commercial net to another person must make a record of the sale containing the following information:

(a)  the date of the sale, and

(b)  a description of the net sold, together with the registration number (if any), and

(c)  the licence or permit number of the person to whom the net was sold.

Maximum penalty: 100 penalty units.

(3)  A person who sells a commercial net to another person must retain the record referred to in subclause (2) for 5 years after the net was sold and must, during that 5 year period, produce the record when requested to do so by a fisheries officer.

Maximum penalty: 100 penalty units.

(4)  The Director-General may, on application, issue a permit to a person authorising the person to buy commercial nets.

(5)  A person who is engaged in the business of selling commercial nets to commercial fishers is entitled to a permit under this clause.

(6)  For the purpose of this clause:

(a)  a net is a commercial net unless it is a net which may be lawfully used by a person who is not a commercial fisher in all waters or in any particular waters, and

(b)  a reference to a person is a reference to a person within New South Wales.

79A, 79B   (Repealed)

79C   Measuring length and mesh size of nets

(1)  For the purposes of testing or determining its length, a net must be measured along the cork line or head line of the net from the first hanging to the last hanging.

(2)  For the purposes of testing or determining the mesh size of a net that is described in this Part as being lawful (other than a net specified in the Table to this clause or a beach safety meshing net), the device described in subclause (3) must be used in the manner set out in subclause (4).

(3)  The device (which must be verified in such manner as the Director-General may determine) must comply with the following description:

(a)  it consists of a fixed member (in the form of a metal cylinder) in which is fitted a sliding member weighing 225 grams,

(b)  both members have attached a fixed knife edge,

(c)  when in use, the device is suspended from, or held by, the metal clip at the top of the fixed member,

(d)  a scale and a point is marked on both members.

(4)  The device must be used in the following manner:

(a)  the net (the mesh size of which is to be measured) must be soaked in water for a period of not less than 5 minutes, after which both knife edges must be inserted in a mesh of the net, so that the mesh is supported by the knife edge of the fixed member at a knot while the knife edge of the sliding member is supported by the mesh at the knot diagonally opposite,

(b)  the mesh being measured, when suspended as above, must hang in a plane parallel to the body of the device,

(c)  the size of the mesh must then, without any unnecessary delay, be determined as the distance between the inside edges of the knots, as read from the scale on the sliding member, at a point indicated by a mark on the fixed member.

(5)  For the purposes of testing or determining the mesh size of a net specified in the Table to this clause, the device described in subclause (3) must be used in the manner set out in subclause (4) except that:

(a)  the weight specified in relation to that net in that Table must be attached to the sliding member, and

(b)  the net (the mesh size of which is to be measured) must be soaked in water for a period of not less than 10 minutes.

(6)  In testing or determining the mesh size of a knotless net (being a net in which the mesh is formed by the fusion or interweaving of two or more threads of the netting material) or square mesh (whether or not knotless) the same method must apply, except that the knife edges of the members must be inserted in a mesh at diagonally opposite corners and the measurements taken from the inside of those corners.

(7)  The mesh size specified in respect of a lawful net in this Part is taken to be the mesh size, when determined in the manner and by the use of the measuring device, described in this clause.

Table   Measuring length and mesh size of nets

1	(a)  Nets—Hand-hauled prawn net, push or scissors net. (b)  Weight attached—1,585 grams.
2	(a)  Nets—Otter trawl net (fish)—southern fish trawl fishery, danish seine trawl net (fish)—southern fish trawl fishery. (b)  Weight attached—2,945 grams.

79D   Measuring length and circumference of codend

(1)  For the purpose of testing or determining the length of a codend of a net, the codend must be measured from the draw or closing string in a straight line to the point of attachment to the body of the net (or extension piece).

(2)  For the purpose of testing or determining the circumference of the codend of a net, or the body of the net, the net must be measured with the codend or body stretched transversely.