Part 5 Miscellaneous provisions relating to fisheries management
Division 1 Recognised fishing grounds
106 Identification of recognised fishing grounds
(1) For the purposes of section 39 (4) of the Act, a recognised fishing ground is an area identified as a recognised fishing ground by being marked as such on a map (an RFG map) approved by the Minister and published in the Gazette.(2) An RFG map is to identify any one or more areas which, in the opinion of the Minister, is an area of the sea or other public water land used historically for net fishing and which is used regularly or intermittently for net fishing by commercial fishers.(2A) An RFG map is to identify the method of net fishing for which the area is a recognised fishing ground.(3) Section 284 (2) of the Act (which specifies the way in which the public is to be given an opportunity to make submissions on certain matters) applies in respect of a draft RFG map in the same way as it applies in respect of the matters specified in section 284 (1) of the Act.(4) Before taking the action required by section 284 (2) of the Act in relation to a draft RFG map, the Minister must:(a) provide a copy of the draft map to both the Seafood Industry Advisory Council and the Advisory Council on Recreational Fishing, and(b) invite each of those Councils to make recommendations about the draft map within such time (being not less than 30 days from the date on which the copy of the draft map is provided to the Council concerned) as the Minister may specify in the invitation, and(c) take any such recommendations into consideration when finalising the draft map for public exhibition under section 284 (2) of the Act.(5) Each RFG map is to be deposited at the head office of NSW Fisheries and at an office of NSW Fisheries located in the region of the relevant recognised fishing ground.(6) The Minister may alter or replace an RFG map from time to time by publishing an amended or replacement RFG map in the Gazette. However, the consultations required by subclauses (3) and (4) must be undertaken in relation to such an alteration or replacement unless, in the case of an alteration, the Minister is of the opinion that the alteration is of a minor nature.(7) A map identifying an area as a recognised fishing ground and held, on the commencement of the Fisheries Management (General) Amendment (Commercial Fishing and Miscellaneous Matters) Regulation 2003, at the head office of NSW Fisheries and at an office of NSW Fisheries located in the region of the relevant recognised fishing ground is taken to be an RFG map prepared in accordance with this clause. However, each such RFG map is to be published in the Gazette as soon as practicable after the commencement of the Fisheries Management (General) Amendment (Commercial Fishing and Miscellaneous Matters) Regulation 2003.
Division 2 Interference with fishing activities and set fishing gear
107 Interference with fishing activities
A person must not drive, ride or use a boat, surfboard, water ski, aquaplane or similar equipment:(a) in any waters on a recognised fishing ground in such a manner and in such proximity to the ground as is likely to cause the dispersal of schooling fish, or fish travelling in a school or shoal, or(b) in any waters in a manner that unreasonably interferes with the operations of a commercial fisher lawfully fishing in those waters or waiting to carry on lawful fishing in those waters,after being directed to cease doing so by a fisheries officer.Maximum penalty: 50 penalty units.
108 Interference with set fishing gear
(1) A person must not, without reasonable excuse, interfere with any set fishing gear.Maximum penalty: 50 penalty units.
(2) This clause does not apply to a fisheries officer, the person who owns the fishing gear or any other person acting in accordance with this Regulation.
109 Lawful interference with set fishing gear
(1) Any commercial fisher may, for the purpose of using a net on any recognised fishing ground, remove any unattended fishing gear which has been so set as to obstruct the use of the fisher’s net.(2) A fisher who so removes set fishing gear is not, if he or she exercises reasonable care in the removal, liable for any damage to the fishing gear occasioned by such removal.(3) This clause does not allow a commercial fisher to remove a net that has been lawfully set in the waters concerned.
A person must not, without reasonable excuse, wilfully disturb fish in the vicinity of a commercial fisher using a net or other fishing gear on a recognised fishing ground.Maximum penalty: 50 penalty units.
111 Interference with commercial fisher using line
(1) A commercial fisher who is lawfully using a line (other than a drift line) in any waters for the purpose of taking fish may require any person intending to fish in those waters (in such close proximity to the fisher as gives the fisher reasonable cause to apprehend that fish in the fisher’s vicinity will be frightened or that the fisher’s line will be fouled) to move to another position on those waters (not more than 50 metres distant) that the fisher indicates.(2) A person must not, without reasonable excuse, refuse or neglect to comply with such a requirement.Maximum penalty: 25 penalty units.
(3) 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.
Division 3 Use of explosives, electrical devices and other dangerous substances
112 Dynamite and explosive substances
(1) A person must not use dynamite or any other explosive substance to take or destroy fish in any waters.Maximum penalty: 100 penalty units.
(2) A person must not explode any dynamite or other explosive substance in any waters.Maximum penalty: 100 penalty units.
(3) It is a defence to a prosecution for an offence under subclause (2) if the person charged proves that the acts constituting the alleged offence were done:(a) in pursuance of a permit issued by the Director-General, and(b) in accordance with the conditions of the permit.
(1) An application for a permit to use dynamite or any other explosive substance in any waters is to be made in writing to the Director-General in the form approved by the Director-General.(2) A permit may extend to:(a) explosives generally or to a particular explosive specified in the permit, or(b) waters generally or to the particular waters specified in the permit.(3) A permit remains in force, unless sooner cancelled or suspended by the Director-General, until the expiration of the period specified in the permit.(4) A permit is subject to such conditions as are attached to the permit by the Director-General.(5) The fee for a permit under this clause, or for the renewal of such a permit, is $300.
114 Use of electrical devices prohibited in all waters
(1) A person must not use an electrical device for the purpose of taking fish in any waters.Maximum penalty: 100 penalty units.
(2) It is a defence to a prosecution for an offence under subclause (1) if the person charged proves that the acts constituting the alleged offence were done:(a) in pursuance of a permit issued by the Director-General, and(b) in accordance with the conditions of the permit.
115 Permit to use electrical devices
(1) An application for a permit to use an electrical device in any waters is to be made in writing to the Director-General in the form approved by the Director-General.(2) A permit may extend to:(a) electrical devices generally or to a particular device specified in the permit, or(b) waters generally or to the particular waters specified in the permit.(3) A permit remains in force, unless sooner cancelled or suspended by the Director-General, until the expiration of the period specified in the permit.(4) A permit is subject to such conditions as are attached to the permit by the Director-General.(5) The fee for a permit under this clause, or for the renewal of such a permit, is $300.
116(Repealed)
Division 4A Tagging of eastern rock lobster taken for sale
116A Eastern rock lobster not to be sold unless tag attached
(1) A person must not sell (within the meaning of the Act) a whole eastern rock lobster, or the tail of an eastern rock lobster, that does not have a tag attached to it in such a manner that the tag cannot be removed without being broken.Maximum penalty: 100 penalty units in the case of a corporation or 50 penalty units in any other case.
(2) A person does not commit an offence under this clause unless the rock lobster concerned was taken in the waters of, or adjacent to, New South Wales.(3) In this clause:tag means a tag issued by the Director-General for attachment to eastern rock lobsters taken for sale.
whole eastern rock lobster includes an eastern rock lobster that has had parts (other than the abdomen of the rock lobster) removed.
Note. The Fisheries Management (Lobster Share Management Plan) Regulation 2000 requires commercial fishers to tag eastern rock lobsters taken for sale.
Division 4B Labelling of abalone for sale
116B Abalone not to be sold unless labelled
A person must not sell abalone unless the immediate packaging of the abalone is marked or labelled with the following details:(a) the date on which the abalone was packaged,(b) the number and total net weight in kilograms of abalone,(c) the name of the commercial fisher who took the abalone or the name and address of the person on whose behalf the abalone was packaged,(d) the number issued by the Australian Quarantine and Inspection Service to the commercial fisher who took the abalone or the seller’s registered fish receiver’s registration number.Maximum penalty: 100 penalty units.
116C Abalone packaging not to be removed or damaged
(1) A person must not remove, deface, damage or destroy any immediate packaging of abalone (or label attached to the packaging) that contains the details required by clause 116B.Maximum penalty: 20 penalty units.
(2) Subclause (1) does not prevent a person from removing packaging or a label from abalone at a place where the abalone is to be cooked or eaten, immediately before it is cooked or eaten.
Division 5 Recreational fishing fee
In this Division:fishing fee means a fishing fee payable under Division 4A of Part 2 of the Act.
(1) For the purposes of section 34C (2) (g) of the Act, the following bodies of water are exempt:(a) a body of water comprising the backed up waters of a dam or impoundment located on private land if the surface area of the body of water (at full capacity) does not exceed 2 hectares,(b) the waters of Lake Hume, being all waters (and land covered by water when the lake is at full capacity) in the Murray River arm of Lake Hume, from the weir wall upstream to the point where 7 Mile Creek enters the Murray River on the northern bank of the Murray River, and in the Mitta Mitta River arm of Lake Hume, from the weir wall upstream to the Murray Valley Highway Bridge situated east of Tallangatta.(2) For the purposes of this clause, a body of water is located on private land if the land on which it is located is not public water land.
(1) For the purposes of section 34C (2) (h) of the Act, the following recreational fishers are exempt from paying a fishing fee:(a) a fisher who holds a current pensioner concession card,(b) a fisher who is of or over the age of 18 years of age and is only assisting a fisher under 18 years of age to take fish by means of a single dip or scoop net (prawns),(c) a fisher who is engaged in bait gathering, shore-based fishing or other activities ancillary to guided recreational charter fishing (within the meaning of clause 296), if:(i) a fishing fee exemption certificate under section 34I (3) (b) of the Act is already held in respect of the charter fishing boat, and(ii) the fisher is in the immediate vicinity of the charter fishing boat.(2) It is a condition of an exemption referred to in subclause (1) (a) that, if required to do so by a fisheries officer, a person who claims such an exemption must produce his or her current pensioner concession card for the fisheries officer’s inspection.(3) In this clause, pensioner concession card means a card known as a “pensioner concession card” and issued by Centrelink or the Commonwealth Department of Veterans’ Affairs, or any other card approved by the Minister as being equivalent to that card.
For the purposes of section 34E (2) of the Act, the amount of the fishing fee for each period specified is as follows:(a) for a period of 3 days—$6,(b) for a period of 1 month—$12,(c) for a period of 12 months—$30,(d) for a period of 3 years—$75.
120 Reductions in fishing fee for fishing in far north
For the purposes of section 34F of the Act, the amount of the fishing fee payable by a recreational fisher for fishing:(a) in the tidal waters of the Tweed River, upstream of a line joining the eastern extremities of the Tweed River Breakwaters to:(i) Bray Park Weir on the Tweed River, and(ii) Boat Harbour Bridge, Numinbah Road, on the Rous River, and(iii) Scenic Drive Road Bridge on Duroby Creek, and(iv) Scenic Drive Road Bridge on Bilambil Creek, and(v) Robinson Road Bridge on Cobaki Creek, or(b) from the Tweed River Breakwaters, or(c) from the rocks and beach north of the Tweed River Breakwaters to the Queensland border, or(d) from the rocks and beach south of the Tweed River Breakwaters to the lighthouse at Fingal Head,is reduced by 50 per cent of the fee otherwise payable.
120A Evidence of payment of fishing fee
For the purposes of paragraph (c) of the definition of official receipt in section 34A of the Act, a receipt card issued to a person following payment of a fishing fee by the person over the telephone or by electronic means is evidence of payment of a fishing fee.
121 Issue of replacement receipts
On payment of a fee of $6.70, the Director-General may issue a replacement receipt for an official receipt issued under section 34G of the Act if satisfied that the original receipt is lost, damaged or destroyed.
122 Fishing fee exemption certificates may be issued to certain owners and lessees of private land
(1) For the purposes of section 34I (3) (c) of the Act, the class of persons consisting of owners or lessees of private land on which there is a body of water comprising the backed up waters of a dam or impoundment is prescribed as a class of persons to whom a fishing fee exemption certificate may be issued.(2) For the purposes of this clause, a body of water is located on private land if the land on which it is located is not public water land.
123 Fishing fee exemption certificates: period for which in force
(1) Subject to this clause, a fishing fee exemption certificate under section 34I of the Act has effect for one year.(2) The Minister may issue an exemption certificate for a period determined by the Minister that is longer or shorter than one year.
124 Fishing fee exemption certificates: fees
(1) For the purposes of section 34I (4) of the Act:(a) the fee for a one year exemption certificate under section 34I (3) (a) of the Act that operates to exempt up to 4 persons at a time carrying out recreational fishing activities under supervision or guidance is $120, and(b) the fee for a one year exemption certificate under section 34I (3) (a) of the Act that operates to exempt up to 80 persons at a time carrying out recreational fishing activities under supervision or guidance on or from private land as part of a commercial tourism business operation is $2,400, and(c) the fee for a one year exemption certificate under section 34I (3) (b) of the Act that operates to exempt:(i) up to 4 passengers at a time carrying out recreational fishing activities on a boat is $120, or(ii) between 5 and 9 passengers at a time carrying out recreational fishing activities on a boat is $120, plus $30 for the fifth and each additional passenger to be exempted, or(iii) 10 or more passengers at a time carrying out recreational fishing activities on a boat is $300.Note. No fee is payable for an exemption certificate issued to a person referred to in clause 122.(2) Any fee for an exemption certificate under section 34I (3) (a) or (b) of the Act is reduced by 50 per cent if the activities to which the certificate relates take place only in waters referred to in clause 120.(3) If the Minister issues an exemption certificate under section 34I (3) (a) or (b) of the Act for a period that is longer or shorter than one year, the fee for the certificate is to be varied in proportion to the amount by which the period for which the certificate is issued differs from one year.(4) The fee for an exemption certificate must be paid before the certificate is issued.(5) An exemption certificate is to be in the form approved by the Minister and may be issued subject to such conditions as the Minister considers appropriate.
125 Amendment and cancellation of exemption certificates
(1) The Minister may amend or cancel a fishing fee exemption certificate at any time by notice in writing to the holder of the certificate.(2) Without limiting subclause (1), the Minister may amend or cancel a fishing fee exemption certificate on the application of the holder of the certificate.(3) The following fees are payable in respect of an amendment of an exemption certificate under subclause (2):(a) an application fee of $12,(b) a supplementary fee equivalent to the amount (if any) by which the fee payable for an exemption certificate in the form of the amended certificate exceeds the sum of all fees that had been paid for the certificate before the application was made.
Division 6 Acquisition of commercial fishing entitlements
126 Constitution of compensation review panel
(1) For the purposes of section 34O (2) of the Act, a panel is to consist of 3 members appointed by the Minister, of whom:(a) one is to be a person who, in the opinion of the Minister, has expertise in valuation and is otherwise appropriately qualified to conduct the review (not being a person who is engaged in the administration of the Act or in commercial fishing), and(b) one is to be a person who, in the opinion of the Minister, has extensive practical experience in the commercial fishing industry (not being a person who is engaged in the administration of the Act or a person who has a financial interest in the fishery to which the review relates), and(c) one is to be an officer of NSW Fisheries.(2) The member referred to in subclause (1) (a) is to be the chairperson of the panel.(3) A decision supported by the majority of the members of a panel is the decision of the panel.(4) Subject to subclause (3), the procedure of the panel is to be determined by the Minister.
127 Prohibited lures and baits
(1) A person must not take or attempt to take any fish from inland waters with a lure or bait that is:(a) a live fin fish, or(b) any fish or any part of a fish not native to the waters of New South Wales (other than dead carp), or(c) trout or salmon roe or any product containing trout or salmon roe.Maximum penalty: 50 penalty units.
(2) A person must not take or attempt to take salmon or trout with any lure or bait other than:(a) natural flies or insects, or their larvae, or(b) worms, shrimps, yabbies or mussels, or(c) artificial lures or baits, or(d) plant matter.Maximum penalty: 50 penalty units.
(3) A person fishing in inland waters must, on the demand of a fisheries officer, produce to that officer the lure or bait being used by that person.Maximum penalty: 50 penalty units.
128 Taking of octopus from rock platforms
(1) A person must not take or attempt to take any octopus from any rock platform in ocean waters or the waters of Port Jackson.Maximum penalty: 25 penalty units.
(2) For the purposes of this clause, Port Jackson includes the Parramatta and Lane Cove Rivers and Middle Harbour and the waters of Port Jackson up to a line drawn between the easternmost point of Outer North Head and the easternmost point of South Head.
128A Taking of pipis for use as bait only
(1) A person must not take pipis except for use as bait.Maximum penalty: 100 penalty units.
(2) A person must not take pipis unless the person is in the authorised area for the taking of pipis.Maximum penalty: 100 penalty units.
(3) A person must not remove pipis from the authorised area for the taking of pipis.Maximum penalty: 100 penalty units.
(4) This clause does not apply:(a) in respect of the taking of, or removal of, pipis by a person who is a commercial fisher authorised to take them under the Act, or(b) in respect of the removal of pipis by any other person if the pipis were taken by a commercial fisher and were purchased or otherwise acquired by the person.(5) In this clause, the authorised area for the taking of pipis is the area within 50 metres of the mean high water mark of a beach.
129 Shucking of intertidal invertebrates
(1) A person must not shuck any intertidal invertebrate (other than abalone, rock lobster or turban snail), or have such a shucked intertidal invertebrate in his or her possession, in or on or adjacent to any waters except for immediate bait use.Maximum penalty: 25 penalty units.
(2) A person must not shuck rock lobster or turban snail, or have shucked rock lobster or turban snail in his or her possession, in or on or adjacent to any waters.Maximum penalty: 25 penalty units.
(1) A commercial fisher who is authorised to take fish for sale in the abalone share management fishery must not shuck abalone, or have shucked abalone in his or her possession, at any place other than:(a) a place approved for the purpose by the Director-General, or(b) premises registered under the regulations made under the Export Control Act 1982 of the Commonwealth for the preparation of abalone for export.(2) A person (other than a commercial fisher referred to in subclause (1)) must not shuck abalone, or have shucked abalone in his or her possession, in or on or adjacent to any waters.(3) A person in possession of shucked abalone does not commit an offence against this clause as a result of that possession if the person establishes that the abalone were shucked at a place or premises referred to in subclause (1).Maximum penalty: 50 penalty units.
(1) A person must not mutilate any fish of a class specified in clause 9 (Prohibited size fish) in or on or adjacent to any waters in any manner other than by gutting or by removing the gills or scales.Maximum penalty: 50 penalty units.
(2) A person (other than a commercial fisher) does not commit an offence under subclause (1) if the person establishes that the person:(a) mutilated the fish in the course of preparing the fish for immediate consumption, or(b) mutilated the fish in the course of preparing the fish for immediate use as bait, or(c) mutilated the fish at a place that is a fish cleaning facility or other place specifically provided or ordinarily used for the cleaning of fish, being a place that is not in or on any waters, or(d) mutilated the fish in accordance with a permit issued by the Director-General.(2A) A person must not have in his or her possession in or on or adjacent to any waters any fish of a class specified in clause 9 (Prohibited size fish) that has been mutilated in any manner other than by gutting or by removing the gills or scales.Maximum penalty: 50 penalty units.
(2B) A person (other than a commercial fisher) does not commit an offence under subclause (2A) if the person establishes that the fish was mutilated in accordance with subclause (2).(3) A person must not deliver or consign for sale any fish of a class specified in clause 9 (Prohibited size fish) that has been mutilated in any manner other than by gutting or by removing the gills or scales.Maximum penalty: 50 penalty units.
(4) This clause does not apply to the delivery or consignment for sale of fish propagated, hatched or reared by the holder of an aquaculture permit under the authority of that permit or of any other fish that have already been lawfully sold.
132 Crayfish, rock lobsters, shovel-nosed lobsters and crabs carrying ova
(1) A person must not take or sell or have in his or her possession a crayfish, a shovel-nosed lobster, a rock lobster or a crab, carrying ova externally.Maximum penalty: 50 penalty units.
(2) A person must not have in his or her possession a crayfish, a shovel-nosed lobster, a rock lobster or a crab, from which spawn or ova have been deliberately removed.Maximum penalty: 50 penalty units.
(3) In this clause, shovel-nosed lobster includes all species of bugs.
133 Person must not assist a commercial fisher
(1) A person must not assist a commercial fisher to take fish in contravention of a share management plan.Maximum penalty: 100 penalty units.
(2) A person assists a commercial fisher to take fish in contravention of a share management plan if the person provides any assistance, or does any other thing, that results in the commercial fisher contravening a provision of the share management plan that prohibits the commercial fisher from taking fish with the assistance of another person.(3) A person may be proceeded against and convicted under this clause whether or not the commercial fisher has been proceeded against or convicted for an offence constituted by taking fish with the assistance of another person.
133A Fees for marine park permits under section 37 of the Act
(1) For the purposes of section 37 (6) of the Act, the fee for any permit under section 37 with respect to a marine park is $68.(2) In this clause:marine park means a marine park declared under the Marine Parks Act 1997.
133B Contravention of condition of permit under section 37 of Act
A person who contravenes a condition of a permit issued under section 37 of the Act is guilty of an offence.Maximum penalty: 100 penalty units.
133BA Prescribed conditions of section 37 permits
(1) For the purposes of section 37 (4) (a) of the Act, it is a condition of a permit under section 37 of the Act that the permit holder does not take fish from waters specified in column 1 of the Table to this clause using a method specified next to those waters in column 2 of the Table.(2) In the Table to this clause, longitude and latitude coordinates are in WGS84 datum, unless otherwise provided.Table Waters in which fishing under permit prohibited
Column 1
Column 2
Waters affected
Methods of fishing prohibited
Trial Bay South West Rocks
The whole of the waters within a 100 metre radius of any Maritime Authority of NSW emergency buoy situated at or near the following point at Trial Bay: 30°52.645′S, 153°03.175′E and 30°52.664′S, 153°03.106′E.
Any method involving the use of the following fishing gear:
(a) purse seine net,(b) submersible lift net (bait).Narrabeen—Black Road Bait Ground
The waters known as the Black Road Bait Ground, enclosed by a line drawn east from the eastern extremity of North Narrabeen Head for a distance of approximately 1,650 metres to the 30 fathom depth contour, then southerly along the 30 fathom depth contour to a point approximately 2,650 metres due east of South Narrabeen Surf Life Saving Club, then by a line drawn west to that Club.
Any method involving the use of a purse seine net.
Merimbula Fishing Platform
The whole of the waters within a 200m radius of the Merimbula Fishing Platform.
Any method involving the use of the following fishing gear:
(a) purse seine net,(b) submersible lift net (bait).Tathra Fishing Platform
The whole of the waters within a 200m radius of the Tathra Fishing Platform.
Any method involving the use of the following fishing gear:
(a) purse seine net,(b) submersible lift net (bait).Snug Cove
The whole of the waters of Snug Cove, generally east of a line drawn from the eastern extremity of Cattle Bay to a position 50 metres along the Eden breakwater in a westerly direction from the Eden unloading wharf.
Any method involving the use of the following fishing gear:
(a) purse seine net,(b) submersible lift net (bait).