Division 1 Sea urchin and turban shell restricted fishery
In this Division:endorsement means an endorsement on a commercial fishing licence that authorises the holder of the licence to take sea urchin or turban shell (or both) for sale.
endorsement holder means the holder of a commercial fishing licence that has an endorsement.
entitlement holder means a person who is eligible for an endorsement in the fishery as provided for by clause 171 or 172, but does not include any person who is eligible for an endorsement only because the person is the nominated fisher of another person.
nominated fisher means a person nominated in accordance with Division 12 to take fish in the restricted fishery.
quota means the maximum quantity of sea urchin and turban shell that may be taken for sale by or on behalf of an entitlement holder during any period, as determined by the Director-General pursuant to clause 180.
restricted fishery means the restricted fishery declared under this Division.
169 Sea urchin and turban shell are a restricted fishery
For the purposes of section 111 of the Act, sea urchin and turban shell are declared to be a restricted fishery.
170 Types of endorsement in restricted fishery
The following classes of endorsement are available in the restricted fishery:(a) Sea urchin endorsement
This endorsement authorises the holder to take sea urchin for sale.(b) Turban shell endorsement
This endorsement authorises the holder to take turban shell for sale.
171 Eligibility for endorsements
(1) A person who, immediately before 5 February 2007, was eligible for an endorsement in the restricted fishery under this clause remains eligible for that endorsement, subject to this clause.(2) If a fishing business owner transfers an endorsement that is a component of a fishing business to another person, in accordance with the fishing business transfer rules:(a) the fishing business owner, or any nominated fisher of the fishing business owner, ceases to be eligible for that endorsement, and(b) the person to whom the endorsement is transferred becomes eligible for that endorsement.(3) A person whose endorsement is cancelled by the Minister under this Division (otherwise than because the person has ceased to be eligible for an endorsement) is taken, on that cancellation, to cease to be eligible for the endorsement.Note. Historically, eligibility for an endorsement was determined on the basis of shareholdings in the abalone fishery (which previously formed part of the sea urchin and turban shell restricted fishery).
172 Public tender for issue of further endorsements
(1) The Minister may, at any time after considering the status of stock levels in the restricted fishery, call for public tenders for the issue of further endorsements in the restricted fishery.(2) Notice of the public tender is to be published in the Gazette.(3) The conditions of the public tender are to be determined by the Minister and published in the Gazette notice.(4) A person is eligible for an endorsement in the restricted fishery if the person is a successful tenderer.
174 Endorsement of commercial fishing licences
(1) The Minister may endorse the commercial fishing licence of a person only if the person satisfies the eligibility requirements for an endorsement.(2) The Minister may refuse to endorse the commercial fishing licence of a person who is otherwise eligible if:(a) the person or, if the person is a nominated fisher, the entitlement holder who nominated the person has been convicted or found guilty of an offence against the Act, this Regulation or any other regulation made under the Act or of an offence relating to commercial fishing operations under a law of the Commonwealth, of another State, a Territory or of New Zealand, or(b) the person or, if the person is a nominated fisher, the entitlement holder who nominated the person has, in the opinion of the Minister, contravened a condition of his or her commercial fishing licence or of any endorsement on that licence, or(c) the person or, if the person is a nominated fisher, the entitlement holder who nominated the person has been convicted or found guilty of an offence relating to theft of fish, fishing gear or a boat or intentional damage to fishing gear or a boat, or(d) the person, or if the person is a nominated fisher, the entitlement holder who nominated the person has been convicted or found guilty of an offence under the Marine Parks Act 1997 or the regulations made under that Act, or(e) any fee or contribution due and payable in connection with the endorsement has not been paid, or(f) the person has previously held an endorsement which has been suspended or cancelled by the Minister.(3) An application for an endorsement is to be made to the Minister in a form approved by the Director-General.
An endorsement remains in force unless cancelled or suspended.
178 Suspension and cancellation of endorsements
The Minister may suspend or cancel an endorsement if:(a) the endorsement holder or, if the endorsement holder is a nominated fisher, the entitlement holder who nominated the endorsement holder has been convicted or found guilty of an offence against the Act, this Regulation or any other regulation made under the Act or of an offence relating to commercial fishing operations under a law of the Commonwealth, of another State, a Territory or of New Zealand, or(b) the endorsement holder or, if the endorsement holder is a nominated fisher, the entitlement holder who nominated the endorsement holder has, in the opinion of the Minister, contravened a condition of an endorsement or a commercial fishing licence, or(c) the endorsement holder or, if the endorsement holder is a nominated fisher, the entitlement holder who nominated the endorsement holder has been convicted or found guilty of an offence relating to the theft of fish, fishing gear or a boat or intentional damage to fishing gear or a boat, or(d) the endorsement holder ceases to be eligible for an endorsement, or(e) any fee or contribution payable in connection with the endorsement has not been paid, or(f) the endorsement holder or, if the endorsement holder is a nominated fisher, the entitlement holder who nominated the person has been convicted or found guilty of an offence under the Marine Parks Act 1997 or the regulations made under that Act.
(1) The Minister may, from time to time by notice published in the Gazette, determine a total allowable catch for the restricted fishery in any period.(2) This clause does not prevent the Minister from requiring the TAC Committee to determine the total allowable catch for the restricted fishery under section 28 (3) of the Act.
180 Quotas for sea urchin and turban shell
(1) If there is a total allowable catch for any period, the Director-General is to determine the maximum quantity of sea urchin and turban shell that may be taken for sale by or on behalf of each entitlement holder during that period.(2) The Director-General is to make that determination by allocating the total allowable catch for the period equally between entitlement holders.(3) The Director-General is to give written notice of the quota determination in respect of an entitlement holder to the entitlement holder.(3A) An entitlement holder who is notified by the Director-General of a quota determination under subclause (3) must ensure that any nominated fisher of the entitlement holder is notified of that quota determination as soon as reasonably practicable.Maximum penalty: 10 penalty units.
(4) For the purposes of section 104 (4) (a) of the Act, it is a condition of a commercial fishing licence that is endorsed for the taking of sea urchin or turban shell (or both) in the restricted fishery that the endorsement holder (whether or not an entitlement holder) does not cause the quota of a entitlement holder to be exceeded.
(1) A quota for a period (or any part of it) is transferable within that period, but only with the approval of the Director-General.(2) An application for the Director-General’s approval:(a) is to be made to the Director-General, in a form approved by the Director-General, and(b) is to specify the amount of quota to be transferred, and(c) is to be accompanied by a fee of $201.(3) The Director-General may transfer the quota or refuse to transfer the quota.(4) Without limiting subclause (3), the Director-General may refuse to transfer the quota (or any part of the quota) of an entitlement holder whose endorsement is suspended or cancelled.(5) A transfer of quota takes effect when the Director-General gives notice in writing of his or her approval of the transfer to the entitlement holders whose quotas are affected.(6) An entitlement holder who is notified by the Director-General of an approval of a transfer under subclause (5) must ensure that any nominated fisher of the entitlement holder is notified of that approval as soon as reasonably practicable.Maximum penalty: 10 penalty units.
(7) The conditions of a commercial fishing licence that is endorsed are taken to be amended in accordance with a transfer of quota approved under this clause, with effect on and from the date notice of the approved transfer is served on the licensee.
182 Special licence conditions for licence holders who nominate fishers
For the purposes of section 104 (4) (a) of the Act, it is a condition of a commercial fishing licence that the licensee, if he or she has duly nominated another commercial fisher to take sea urchin or turban shell (or both) on his or her behalf:(a) must not assist, encourage or permit that commercial fisher to contravene the Act, the regulations under the Act or the conditions of that other fisher’s commercial fishing licence or of an endorsement on that licence in connection with the taking of such sea urchin or turban shell, and(b) must take all reasonable steps to ensure that the other commercial fisher does not contravene the Act, the regulations under the Act or the conditions of that other fisher’s commercial fishing licence or of an endorsement on that licence in connection with the taking of sea urchin or turban shell.
183 Waters closed to taking of sea urchins and turban shells
For the purposes of section 20 (2) of the Act, it is declared that the waters specified in the Table to this clause are waters in which the taking of sea urchins and turban shells by any method is prohibited.
Table
Sandon to Red Rock
The whole of the waters between a line drawn east from the point 153°19′57.9648″ east, 29°40′25.8456″ south, and a line drawn east from the point 153°14′03.4764″ east, 29°58′52.014″ south.
Red Rock to Coffs Harbour
The whole of the waters between a line drawn east from the point 153°14′03.4764″ east, 29°58′52.014″ south, and a line drawn east from the point 153°09′11.6064″ east, 30°18′31.8888″ south.
Seal Rocks to Broughton Island
The whole of the waters between a line drawn east from the point 152°32′09.9384″ east, 32°26′02.3964″ south and a line drawn east from the point 152°17′16.75″ east, 32°35′25.0044″ south.
Broken Bay to Sydney Harbour
The whole of the waters between a line drawn east from the point 151°19′43.8888″ east, 33°34′40.7532″ south, and a line drawn east from the point 151°16′51.2508″ east, 33°49′58.152″ south.
Sydney Harbour to Bondi Beach
The whole of the waters between a line drawn east from the point 151°16′51.2508″ east, 33°49′58.152″ south, and a line drawn east from the point 151°16′37.146″ east, 33°53′30.9696″ south.
Bondi Beach to Botany Bay
The whole of the waters between a line drawn east from the point 151°16′37.146″ east, 33°53′30.9696″ south, and a line drawn east from the point 151°13′19.992″ east, 34°00′05.364″ south.
Bombo Beach to Werri Beach
The whole of the waters between a line drawn east of the point 150°51′23.0616″ east, 34°39′26.8029″ south and a line drawn east of the point 150°50′06.7020″ east, 34°44′04.1820″ south.
Currarong to Point Perpendicular
The whole of the waters between a line drawn east from the points 150°49′20.4636″ east, 34°58′58.6668″ south, and 150°49′20.4636″ east, 35°00′49.5396″ south and a line drawn east from the point 150°48′16.236″ east, 35°05′39.9084″ south.
Inside Jervis Bay
The whole of the waters between a line drawn east from the point 150°48′16.236″ east, 35°05′39.9084″ south, and a line drawn east from the point 150°46′06.0456″ east, 35°06′43.992″ south.
Malua Bay to Burrewarra Point
The whole of the waters between a line drawn east from the point 150°13′51.1356″ east, 35°47′34.5696″ south, and a line drawn east from the point 150°14′07.7244″ east, 35°50′06.0324″ south.
Cuttagee Point to Thibbul Inlet (Murrah)
The whole of the waters between a line drawn east from the point 150°03′18.2196″ east, 36°29′16.6056″ south and a line drawn east from the point 150°03′27.1296″ east, 36°31′32.7576″ south.
Bithry Inlet to Barounda Inlet
The whole of the waters between a line drawn east from the point 150°01′12.2052″ east, 36°37′46.8768″ south, and a line drawn east from the point 149°59′41.7444″ east, 36°41′09.3264″ south.
Mowarry Point to Saltwater Beach
The whole of the waters between a line drawn east from the point 150°00′16.5996″ east, 37°08′29.1552″ south, and a line drawn east from the point 150°00′11.484″ east, 37°10′10.8336″ south.
Black Head Anchorage to Nadgee Lake
The whole of the waters between a line drawn east from the point 149°58′21.5148″ east, 37°26′26.358″ south, and a line drawn east from the point 149°58′21.1764″ east, 37°27′54.9648″ south.
184–190(Repealed)
Division 3 Southern fish trawl restricted fishery
In this Division:endorsed licence means an endorsed commercial fishing licence.
endorsement means an endorsement on a commercial fishing licence authorising the holder of the licence to take fish for sale in the restricted fishery.
nominated fisher means a person nominated in accordance with clause 276 to take fish for sale in the restricted fishery.
restricted fishery means the restricted fishery declared under this Division.
southern fish trawl fishery means the fishery described in clause 192.
192 Southern fish trawl fishery is a restricted fishery
(1) For the purposes of section 111 of the Act, the southern fish trawl fishery is declared to be a restricted fishery.(2) The southern fish trawl fishery is comprised of the use of an otter trawl net (fish) or a 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 of Barrenjoey Headland.
193 Southern fish trawl endorsement
(1) An endorsement in the fishery (referred to as a southern fish trawl endorsement) authorises the holder to take fish for sale in the restricted fishery.(2) A southern zone endorsement in the ocean fish trawl restricted fishery in force immediately before the commencement of the Fisheries Management Legislation Amendment Regulation 2007 is taken, on that commencement, to be a southern fish trawl endorsement.
194 Eligibility for endorsement
(1) A person who, immediately before 5 February 2007, was eligible for a southern zone endorsement in the ocean fish trawl restricted fishery under this clause remains eligible for an endorsement in the restricted fishery, subject to this clause.(2) If a fishing business owner transfers an endorsement that is a component of a fishing business to another person, in accordance with the fishing business transfer rules:(a) the fishing business owner, or any nominated fisher of the fishing business owner, ceases to be eligible for that endorsement, and(b) the person to whom the endorsement is transferred becomes eligible for that endorsement.(3) A person whose endorsement is cancelled by the Minister under this Division (otherwise than because the person has ceased to be eligible for an endorsement) is taken, on that cancellation, to cease to be eligible for the endorsement.Note. Historically, eligibility for an endorsement was determined on the basis of catch history in the fishery and other matters.
195 Application for endorsement
(1) The Minister may endorse the commercial fishing licence of a person only if the person satisfies the eligibility requirements for an endorsement.(2), (3) (Repealed)(4) The Minister may refuse to endorse the commercial fishing licence of a person who is otherwise eligible if:(a) the person has been convicted or found guilty of an offence against the Act, this Regulation or any other regulation made under the Act or of an offence relating to commercial fishing operations under a law of the Commonwealth, of another State, a Territory or of New Zealand, or(b) the person has been convicted or found guilty of an offence relating to theft of fish, fishing gear or a boat or intentional damage to fishing gear or a boat, or(c) the person has not paid any fee due and payable in connection with the endorsement, or(d) the person has previously held an endorsement which has been suspended or cancelled under clause 198 by the Minister, or(e) the person has been convicted or found guilty of an offence under the Marine Parks Act 1997 or the regulations made under that Act.
An endorsement remains in force unless cancelled or suspended.
198 Cancellation and suspension of endorsements
The Minister may cancel or suspend an endorsement if:(a) the holder of the endorsed licence has been convicted or found guilty of an offence against the Act, this Regulation or any other regulation made under the Act or of an offence relating to commercial fishing operations under a law of the Commonwealth, of another State, a Territory or of New Zealand, or(b) the holder of the endorsed licence has, in the opinion of the Minister, contravened a condition of the endorsement, or(c) the holder of the endorsed licence has been convicted or found guilty of an offence relating to the theft of fish, fishing gear or a boat or intentional damage to fishing gear or a boat, or(d) the holder of the endorsed licence ceases to be eligible for an endorsement, or(d1) any fee or contribution payable in connection with the endorsement has not been paid, or(e) the holder of the endorsed licence has been convicted or found guilty of an offence under the Marine Parks Act 1997 or the regulations made under that Act.
199 Boat capacity restrictions
(1) For the purposes of section 112 (2) of the Act, it is a condition of an endorsement that the endorsement holder does not use a boat to take fish in the restricted fishery if the boat has a length exceeding the maximum boat length specified in Column 1 of the Table to this clause.(2) The maximum boat length specified in Column 1 of the Table to this clause does not apply in respect of a boat if:(a) it is exempted from the maximum boat length requirement in accordance with exemption criteria determined by the Director-General, and(b) that exemption is noted on the fishing boat licence for the boat by the Minister using a code of a kind specified in Column 2 of the Table to this clause.(3) In the case of a boat exempted as provided for by subclause (2), the maximum boat length is taken to be the maximum boat length specified in the fishing boat licence for the boat.(4) For the purposes of this clause, the length of a boat is the length noted on the fishing boat licence for that boat.Table Boat capacity restrictions
Column 1
Column 2
Maximum boat length
Exemption code
20 metres
OT
200 Use of fish spikes and other implements
(1) An endorsement holder must not, while on board a boat being used to take fish in the restricted fishery, use any of the following to pierce, impale, beat or otherwise injure any fish or other organism taken in any catch:(a) a knife, fish spike or similar implement,(b) a club or similar implement.(2) Subclause (1) does not apply to the use of a knife, fish spike or similar implement to kill or process any fish taken in any catch that are to be retained.(3) It is a condition of an endorsement that the endorsement holder does not contravene this clause.
201 Waters closed to ocean trawling
For the purposes of section 20 (2) of the Act, it is declared that the waters specified in the Table to this clause are waters in which the class of commercial fishing that consists of the taking of fish by commercial fishers by use of an otter trawl net (fish) or a danish seine trawl net (fish) is prohibited.Table Waters closed to ocean trawling
Port Kembla (Red Point to Windang Island)
The whole of the waters west of a line drawn from the most eastern extremity of Red Point south to the most eastern extremity of Windang Island.
Twofold Bay
The whole of the waters of Twofold Bay together with its bays and inlets west of a line drawn from Worang Point (North Head) southerly to Red Point (South Head).
Merimbula Bay
The whole of the waters of Merimbula Bay together with its bays and inlets west of a line drawn from the eastern extremity of Long Point southerly to the easternmost extremity of Haycock Point.
202–228(Repealed)
Division 8 Inland restricted fishery
In this Division:carp means all species of carp, including goldfish, and any other species of finfish not indigenous to inland waters of New South Wales, such as redfin perch (Perca fluviatilis).
endorsed licence means an endorsed commercial fishing licence.
endorsement means an endorsement on a commercial fishing licence authorising the holder of the licence to take fish for sale in the restricted fishery.
inland fishery means the fishery described in clause 230 (2).
restricted fishery means the restricted fishery declared under this Division.
yabby means a fish of the species Cherax destructor.
230 Inland fishery is a restricted fishery
(1) For the purposes of section 111 of the Act, the inland fishery is declared to be a restricted fishery.(2) The inland fishery comprises the following:(a) the taking of yabbies for sale from inland waters,(b) the taking of carp for sale from inland waters.
231 Types of endorsement in restricted fishery
The following classes of endorsement are available in the restricted fishery:(a) Class A: Yabby and carp endorsement (transferable)
This endorsement authorises the holder to take yabbies and carp for sale from inland waters and is transferable in accordance with clause 241.(b) Class B: Carp endorsement (transferable)
This endorsement authorises the holder to take carp for sale from inland waters and is transferable in accordance with clause 241.(c) Class D: Carp endorsement (non-transferable)
This endorsement authorises the holder to take carp for sale from inland waters as specified in the endorsement. This endorsement is not transferable.
232 Eligibility for endorsement
(1) Class A endorsement
A person is eligible for a class A endorsement if:(a) the Minister is satisfied that, immediately before the commencement of the restricted fishery, the person held a commercial fishing licence that authorised the person to take fish for sale from inland waters and the licence was unrestricted, and(b) the Minister is satisfied that the person’s gross average annual income derived from commercial fishing activities is more than $20,000 (calculated on the basis of the records held by the Director-General for the period from 1 January 1993 to 30 June 1997).(2) Class B endorsement
A person is eligible for a class B endorsement if the Minister is satisfied that the person is eligible for assistance under the scheme known as the Carp Production Incentive Scheme, conducted by NSW Fisheries, or is a member of a group that is eligible for assistance under that scheme.(3) Class D endorsement
A person is eligible for a class D endorsement if the Minister is satisfied that, immediately before the commencement of the restricted fishery, the person held a commercial fishing licence or permit that authorised the person to take carp for sale from inland waters.(4) Persons who surrender their commercial fishing licences not eligible
A person is not eligible for an endorsement under this clause if the person enters into an agreement (whether before or after the commencement of the restricted fishery) to surrender his or her commercial fishing licence to the Director-General.(5) A person is not eligible for endorsement under this clause unless the person had duly applied, by 31 July 2001, for endorsement under clause 200D of the repealed regulation. However, failure to apply by that date does not prevent the person from becoming eligible for an endorsement under clause 233 or 234 or by means of a transfer of endorsement that is permitted by this Division.Note. Subclauses (1)–(4) and (6) contain the substance of clause 200D of the Fisheries Management (General) Regulation 1995, except that clause 200D also provided for Class C endorsements (in relation to yabbies and carp) and Class E endorsements (in relation to native finfish). All Class E endorsements were cancelled on 1 September 2001.A person who was eligible under clause 200D for an endorsement lost that eligibility if he or she had not duly applied for endorsement by 31 July 2001.
(6) In this clause:unrestricted, in relation to a commercial fishing licence, means that the conditions of the licence do not prevent the person from taking any particular species of fish or require the person to take fish only while under supervision.
Note. The restricted fishery commenced on 26 February 1999.
233 Ballot or tender for issue of further endorsements
(1) The Minister may, at any time after considering the status of stock levels in the restricted fishery:(a) conduct a ballot for the issue of further class A or class B endorsements in the restricted fishery (or both), or(b) call for public tenders for the issue of further class A or class B endorsements in the restricted fishery (or both).(2) Notice of the ballot or public tender is to be published in the Gazette.(3) The conditions of the ballot or public tender are to be determined by the Minister and published in the Gazette notice.(4) A person is eligible for an endorsement in the restricted fishery if the person is successful in such a ballot or is a successful tenderer.
234 Class D endorsement—special grounds for eligibility
A person is eligible for a class D endorsement if:(a) the person prepares and submits a business strategy that sets out the carp fishing operations proposed to be undertaken by the person, and(b) the Director-General is satisfied that:(i) the person has experience with commercial fishing equipment, and(ii) the person is able to take carp in commercial quantities, and(iii) the person has an adequate strategy to minimise the accidental taking of species of fish other than carp, and(iv) the carp fishing operations proposed to be undertaken by the person are commercially viable and environmentally sustainable, and(v) the person satisfies the requirements of any licensing guidelines issued by the Director-General from time to time.
235 General restrictions on eligibility
(1) Despite anything to the contrary in this Division, a person is not eligible for, and may not hold:(a) both a class A and a class B endorsement, or(b) both a transferable endorsement (ie a class A or class B endorsement) and a non-transferable endorsement (ie a class D endorsement).(2) A person is not eligible for an endorsement unless the person is a natural person.Note. Section 103 (1) of the Act prevents corporations from holding commercial fishing licences.(3) Division 12 of this Part does not apply in respect of the restricted fishery.
(1) The Minister may endorse the commercial fishing licence of a person only if the person satisfies the eligibility requirements for an endorsement.(2) The Minister may refuse to endorse the commercial fishing licence of a person who is otherwise eligible if the person:(a) has been convicted of an offence against the Act, this Regulation or any other regulation made under the Act or of an offence relating to commercial fishing operations under the law of the Commonwealth, another State, a Territory or New Zealand, or(b) has been convicted of an offence relating to theft of fish, fishing gear or a boat or intentional damage to fishing gear or a boat, or(c) has not paid any fee due and payable in connection with the endorsement.
237 Endorsement of licence for further period
(1) The holder of a commercial fishing licence that has an endorsement that is in force (a current endorsement) may apply to the Minister for an endorsement for a further period.(2) The application is to be in a form approved by the Director-General.(3) The Minister may endorse the applicant’s commercial fishing licence for such further period as the Minister determines or refuse the application.(4) The Minister may refuse an application only if:(a) the applicant has been convicted of an offence against the Act, this Regulation or any other regulation made under the Act or of an offence relating to commercial fishing operations under the law of the Commonwealth, another State, a Territory or New Zealand, or(b) the applicant has, in the opinion of the Minister, contravened a condition of the endorsement or a condition of his or her commercial fishing licence, or(c) the applicant has been convicted of an offence relating to the theft of fish, fishing gear or a boat or intentional damage to fishing gear or a boat, or(d) the application for endorsement for a further period is received by the Minister after the expiration of the current endorsement, or(e) the applicant has not paid any fee due and payable in connection with the endorsement, or(f) in the case of an application relating to a class B endorsement, the applicant has, in the opinion of the Minister:(i) failed to comply with any agreement relating to the taking of carp that the holder made with the Director-General or with NSW Fisheries, or(ii) not attempted to take carp for a period of 12 months, or(g) in the case of an application relating to a class D endorsement, the applicant has, in the opinion of the Minister, not attempted to take carp for a period of 12 months, or(h) the applicant is no longer eligible for the endorsement.(5) If application is duly made for the endorsement of a commercial fishing licence for a further period and the licence is not so endorsed before the expiration of the current endorsement:(a) the current endorsement continues in force until the licence is endorsed for a further period or the application is refused, and(b) the licence may be endorsed for a further period despite the fact that, but for this subclause, the endorsement would have expired.
(1) The following fees are payable for an endorsement in the restricted fishery:(a) in the case of a class A endorsement—$2,680,(b) in the case of a class B endorsement—$335,(c) in the case of a class D endorsement—$335.(2) The fee is payable in respect of each period, or further period, of 12 months in respect of which the endorsement is given.(3) If the endorsement is given for a period of less than 12 months, the fee payable is an appropriate proportion of the fee referred to in subclause (1) (that is, the proportion that the period for which the licence is endorsed bears to the period of 12 months).(4) The fee is to be paid before the endorsement is given.(5) The Minister may waive all or part of a fee payable under this clause in such cases as the Minister considers appropriate.
An endorsement takes effect from the date it is given and remains in force for the period specified in the endorsement, except to the extent that its duration is affected by suspension, or unless it is cancelled.
240 Cancellation and suspension of endorsements
The Minister may cancel or suspend an endorsement if:(a) the endorsement holder has been convicted of an offence against the Act, this Regulation or any other regulation made under the Act or of an offence relating to commercial fishing operations under the law of the Commonwealth, another State, a Territory or New Zealand, or(b) the endorsement holder has, in the opinion of the Minister, contravened a condition of the endorsement or of his or her commercial fishing licence, or(c) the endorsement holder has been convicted of an offence relating to the theft of fish, fishing gear or a boat or intentional damage to fishing gear or a boat, or(d) in the case of a class B endorsement, the endorsement holder has, in the opinion of the Minister:(i) failed to comply with any agreement relating to the taking of carp that the holder made with the Director-General or with NSW Fisheries, or(ii) not attempted to take carp for a period of 12 months, or(e) in the case of a class D endorsement, the endorsement holder has, in the opinion of the Minister, not attempted to take carp for a period of 12 months, or(f) the endorsement holder ceases to be eligible for the endorsement.
241 Transfer of class A and class B endorsements
(1) The holder of a commercial fishing licence with a class A or class B endorsement may transfer that endorsement to another person (being a natural person), but only with the approval of the Director-General.(2) An application for the Director-General’s approval is to be made to the Director-General in a form approved by the Director-General.(3) The Director-General may refuse to approve the transfer if:(a) the person to whom the endorsement is to be transferred has been convicted of an offence against the Act, this Regulation or any other regulation made under the Act or of an offence relating to commercial fishing operations under the law of the Commonwealth, another State, a Territory or New Zealand, or(b) the person to whom the endorsement is to be transferred has been convicted of an offence relating to the theft of fish, fishing gear or a boat or intentional damage to fishing gear or a boat, or(c) the person to whom the endorsement is to be transferred already holds a class A or class B endorsement in the restricted fishery, or(d) the person to whom the endorsement is to be transferred already holds a non-transferable endorsement in the restricted fishery, unless the person agrees to the cancellation of all non-transferable endorsements held by the person, or(e) the transfer does not comply with any guidelines relating to the transfer of endorsements that are from time to time approved by the Director-General.(4) If the transfer of an endorsement is approved, the person transferring the endorsement ceases to be eligible for the endorsement and the person to whom the endorsement is transferred becomes eligible for the endorsement.(5) If the person to whom the endorsement is to be transferred already holds a non-transferable endorsement, the person ceases to be eligible for the non-transferable endorsement.(6) An endorsement that is suspended or cancelled is not transferable under this clause.(7) In this clause:non-transferable endorsement means a class D endorsement.
(1) The fee payable for an approval of a transfer of an endorsement is $3,348.(2) The fee is to be paid before the transfer is approved.
243 Endorsement holders must not take or possess native finfish
For the purpose of section 104 (4) (a) of the Act, it is a condition of a commercial fishing licence that is endorsed under this Division that the holder of the endorsed licence does not:(a) take native finfish for sale, or(b) have native finfish in his or her possession for sale.Note. Contravention of a condition of a commercial fishing licence is an offence under section 104 (7) of the Act and attracts a maximum penalty of 100 penalty units. Contravention of a licence condition is also grounds for cancellation or suspension of an endorsement.Section 105 of the Act provides that the fact that a person holds a commercial fishing licence is evidence that fish taken by the person or in the person’s possession were fish taken or in possession for sale.
244–275(Repealed)
Note. This Division does not apply in respect of the inland restricted fishery.
In this Division:fishing business owner means the owner of a fishing business the components of which include an endorsement in a restricted fishery.
nominated fisher of a fishing business owner, means a person who has been duly nominated by a fishing business owner to take fish in a restricted fishery on behalf of the fishing business owner, pursuant to this Division.
277 Nomination of fisher to take fish in restricted fishery
(1) A fishing business owner may nominate another person to take fish on behalf of the fishing business owner in a restricted fishery under an endorsement.(2) A nominated fisher is eligible for an endorsement in a restricted fishery of the same kind as the endorsement for which the fishing business owner is eligible, or would be eligible (were it not for a nomination), during the period in which the nomination has effect.(3) A fishing business owner who nominates another person to take fish on behalf of the fishing business owner under an endorsement ceases to eligible for that endorsement, during the period in which the nomination has effect.(4) Despite the nomination, an endorsement remains a component of the fishing business in respect of which the nomination is made, and may be transferred by the fishing business owner in accordance with the fishing business transfer rules.
277A Procedure for nomination of fisher
(1) A fishing business owner may nominate a person to take fish on behalf of the fishing business owner in a restricted fishery only if the nominated person is an eligible fisher in respect of the fishing business.Note. Eligible fishers are persons registered by the Director-General as eligible fishers in respect of a fishing business under Part 8A.(2) The nomination of an eligible fisher does not take effect until:(a) the nomination is given to the Director-General in the form and manner approved by the Director-General, and(b) if the fishing business owner has been issued with a fishing business card in respect of the fishing business to which the nomination applies, possession of the fishing business card is given to the nominated fisher.(3) A nomination has effect for a minimum period of 48 hours, or a lesser period approved by the Director-General.(4) If a nomination is revoked before the end of the period of 48 hours (or the lesser period approved by the Director-General), a further nomination cannot be made until the end of the relevant period.
277B One nominated fisher per fishing business
(1) An eligible fisher nominated to take fish on behalf of a fishing business owner must be nominated in respect of all endorsements in a restricted fishery that are a component of that fishing business and all shares that are a component of that fishing business.(2) A fishing business owner may nominate one (and not more than one) eligible fisher to take fish on behalf of the fishing business owner for each fishing business of which he or she is the owner.(3) A nomination applies in respect of the fishing business indicated by the fishing business owner and operates to authorise an eligible fisher to take fish only in respect of those endorsements (and shares) that are a component of the relevant business.(4) A separate nomination must be made in respect of each separate fishing business.(5) If a person owns more than one fishing business the components of which include endorsements in a restricted fishery, either the same or a different eligible fisher may be nominated in respect of each separate fishing business, subject to this clause.
277C Revocation of nomination of commercial fisher
(1) A fishing business owner’s nomination of a person to take fish on behalf of the fishing business owner may be revoked:(a) by the fishing business owner, or(b) by the Director-General, if revocation by the Director-General is authorised by this clause.(2) A revocation of a nomination by a fishing business owner is to be made in a form and manner approved by the Director-General.(3) The fishing business owner must inform the nominated fisher of the revocation of the nomination.(4) The Director-General is authorised to revoke a fishing business owner’s nomination of a person to take fish on behalf of the fishing business owner (without the consent of the fishing business owner) if:(a) the nominated fisher requests the revocation, in a form and manner approved by the Director-General, or(b) the Director-General cancels the registration of the person as an eligible fisher in respect of the fishing business owner under this Regulation.(5) The Director-General revokes a nomination by giving the fishing business owner notice in writing of the revocation.(6) The Director-General must, by notice in writing, inform the person whose nomination has been revoked of that revocation.(7) A nomination of a fisher ceases to have effect when revoked under this clause.
279 Cancellation of endorsement with consent of licence holder
The Minister may, with the consent of the holder of a commercial fishing licence, cancel any endorsement on that licence that authorises the holder to take fish for sale in a restricted fishery.
280 Endorsements do not authorise unlawful use of fishing gear
An endorsement on a commercial fishing licence that authorises the holder of the licence to take fish for sale, or to assist in taking fish for sale, in a restricted fishery using a net, trap or other fishing gear is subject to Part 3. That is, the endorsement does not authorise the use of a net, trap or other fishing gear contrary to that Part.