FISHERIES REGULATIONS 1992

NORTHERN TERRITORY OF AUSTRALIA FISHERIES REGULATIONS 1992 As in force at 1 July 2026 Table of provisions Part 1 Preliminary matters 1 Citation ............................................................................................ 1 2 Commencement .............................................................................. 1 Part 2 Interpretation 3 Interpretation ................................................................................... 1 4 Definitions relating to gear ............................................................... 9 5 Application ..................................................................................... 15 6 Determination of mesh size ........................................................... 15 Part 3 General matters Division 1 General 7 Interference with fishing operation ................................................. 17 8 No tethering of fish ........................................................................ 17 9 Certain fish not to be taken or possessed...................................... 17 10 Protected species not to be taken ................................................. 18 10A Fishing and other restrictions in protection areas .......................... 18 10B Fishing in Tiwi Islands restriction zones ........................................ 19 11 Defence to taking of fish or aquatic life .......................................... 20 12 Release of fish or aquatic life......................................................... 20 13 Movement of fish or aquatic life ..................................................... 20 14 Impeding passage of fish or aquatic life ........................................ 20 Division 2 Diseased and contaminated fish and noxious species 15 What is a noxious species ............................................................. 21 16 Prohibition against taking diseased or contaminated fish or noxious species ............................................................................. 21 17 Prohibition against movement and sale ......................................... 21 18 Destruction of fish or aquatic life.................................................... 21 19 Disease and Pest Control Committee ............................................ 22 20 Procedure of Committee ................................................................ 22 21 Declaration of control areas ........................................................... 22 22 Regulation of control area ............................................................. 23 23 Notification of disease ................................................................... 23 -- 1 of 240 -- Fisheries Regulations 1992 ii Division 3 Exotic fish and import permits 25 Permit required to trade in or release live exotic fish and aquatic life ..................................................................................... 23 26 Permit to import live fish or aquatic life .......................................... 24 28 Permit to import live fish or aquatic life to state certain matters ..... 25 Division 3A Priority species 28AA Fish of priority species ................................................................... 25 Division 4 Reporting 28A Sighting of noxious species ........................................................... 25 Part 4 Possession and use of fishing gear 29 Possession of fishing gear while taking fish for sale ...................... 26 30 Gill net ........................................................................................... 26 31 Abandoned or unattended gear ..................................................... 26 32 Float must be attached to fishing gear........................................... 26 33 Storage and disposal of net ........................................................... 28 34 Amateur drag net ........................................................................... 28 35 Bait net .......................................................................................... 28 36 Cast net ......................................................................................... 28 37 Coastal net .................................................................................... 29 38 Drop line ........................................................................................ 29 38A Fish-trap ........................................................................................ 29 39 Pots ............................................................................................... 29 40 Pelagic net ..................................................................................... 29 41 Restricted bait net.......................................................................... 30 42 Scoop net ...................................................................................... 30 43 Spear-gun ...................................................................................... 30 44 Trammel net .................................................................................. 30 45 Vertical line .................................................................................... 31 Part 5 Amateur fishing Division 1 Restrictions relating to fishing gear 46 Amateur fishing gear ..................................................................... 31 46AAA Limit on number of pots in use....................................................... 32 46AAB Limit on number of pots in possession .......................................... 32 46AAC Vessel limit for pots ....................................................................... 33 -- 2 of 240 -- Fisheries Regulations 1992 iii Division 2 Possession, size and certain vessel limits for amateur fishing Subdivision 1 Definitions 46AA Definitions ...................................................................................... 34 Subdivision 2 Various possession limits for amateur fishing 46AB Amateur possession limits – specified fish .................................... 35 46AC Amateur possession limit – regulated molluscs and saltwater prawns ........................................................................................... 36 Subdivision 3 Various size limits for amateur fishing 46AD Amateur possession limit – maximum size for king threadfin in Fish Management Zone ................................................................. 36 46AE Amateur possession limit – minimum size for mangrove jack........ 37 Subdivision 4 General defence for Subdivisions 2 and 3 46AF General defence for Subdivisions 2 and 3 ..................................... 37 Subdivision 5 Other possession and certain vessel limits for amateur fishing 46AG Amateur possession limit – freshwater prawns and freshwater crustaceans ................................................................................... 37 46A Amateur possession limit – tropical rock lobster ............................ 39 46B Amateur possession limits – general ............................................. 40 Division 3 Vessel possession limits for amateur fishing 46BAA Definitions ...................................................................................... 43 46BAB Relationship with Division 2 ........................................................... 43 46BAC Vessel possession limits – specified fish ....................................... 43 46BAD Vessel possession limit – king threadfin in Fish Management Zone .............................................................................................. 44 Division 4 Other requirements relating to amateur fishing 46BA Molluscs generally to be retained in shell in the field ..................... 45 46C Certain fillets to be kept separate .................................................. 45 46D Amateur possession limits – swim bladders .................................. 45 Part 6 Licensing generally Division 1 Licensing 48 Time for application for renewal..................................................... 46 -- 3 of 240 -- Fisheries Regulations 1992 iv 49 Replacement licence or certificate ................................................. 47 52 Taking fish for sale prohibited in Kakadu National Park ................ 47 Division 2 Vessels 53 Nomination of mother boat ............................................................ 47 54 Marking of vessel........................................................................... 47 55 Marks to be removed from vessel which ceases to be registered....................................................................................... 48 56 Vessels used for commercial fishing and fishing tour operations ...................................................................................... 49 57 Registration fees where more than one licence ............................. 49 Division 3 Processing, sale and handling of fish 58 Sale and processing of fish............................................................ 50 59 No processing for sale etc. without licence .................................... 50 60 Processing surfaces etc. ............................................................... 50 61 Packaging of fish ........................................................................... 51 62 Labelling of fish.............................................................................. 51 63 Incorrect description ...................................................................... 52 64 Freezing......................................................................................... 52 65 Transport of frozen fish .................................................................. 52 66 Fish processing in Frances Bay Mooring Basin ............................. 53 Part 7 Commercial fishing licences Division 1 Licensing 67 Definition........................................................................................ 53 68 Criteria for grant or renewal of licence ........................................... 53 69 Assistants ...................................................................................... 53 Division 2 General restrictions 70 Use of licensee's fishing gear by assistant .................................... 54 71 Sale of fish ..................................................................................... 54 72 No fishing for sale in vicinity of artificial reefs ................................ 55 72A Prohibition or limit on taking tuna etc. as by-catch......................... 55 Part 8 Commercial fisheries Division 1 Coastal line fishery Subdivision 1 Preliminary matters 73 Definitions ...................................................................................... 56 74 Declaration of Coastal Line Fishery ............................................... 56 77 Area of fishery ............................................................................... 56 -- 4 of 240 -- Fisheries Regulations 1992 v Subdivision 2 CLF licences and fishing gear 77A CLF licence.................................................................................... 57 78 Fishing gear ................................................................................... 57 78A Certain fish not to be taken ............................................................ 58 Subdivision 3 Fishery units, total allowable catch and quota units in CLF Western Zone 78B Fishery units generally ................................................................... 58 78C Total number of fishery units ......................................................... 58 78D Total allowable catch of black jewfish and golden snapper in CLF Western Zone ........................................................................ 59 78E Quota units generally..................................................................... 59 78F Annual allocation of quota units ..................................................... 59 Subdivision 4 Fishing in CLF Western Zone 78G Notice of intention to fish in CLF Western Zone ............................ 60 78H Quota units to be held at start of voyage to CLF Western Zone .... 61 78J No fish on vessel at start of voyage to CLF Western Zone ............ 61 78K Fishing in CLF Western Zone limited to entitlement under quota units ..................................................................................... 62 78L Restrictions apply during voyage to CLF Western Zone ................ 62 78M Fish not to be moved between vessels.......................................... 62 78N Unloading fish ................................................................................ 63 78P Weighing fish ................................................................................. 63 78Q Compulsory monitoring on notice .................................................. 64 Subdivision 5 Transfer of fishery units and quota units 78R Application for transfer and approval by Director ........................... 64 78S Effective date of transfer ................................................................ 64 78T Sale or transfer of fishery units by Territory ................................... 65 Subdivision 6 Register 78U Allocation of fishery units or quota units ........................................ 65 78V Transfer of fishery units or quota units .......................................... 65 78W Cancellation of quota units ............................................................ 65 Division 2 Coastal Net Fishery 79 Declaration of Coastal Net Fishery ................................................ 66 80 Licence regions ............................................................................. 66 81 Entry criteria .................................................................................. 66 83 Area of fishery ............................................................................... 66 84 Fishing gear ................................................................................... 67 85 Certain fish not to be taken ............................................................ 67 -- 5 of 240 -- Fisheries Regulations 1992 vi Division 3 Bait Net Fishery 86 Declaration of Bait Net Fishery ...................................................... 67 87 Entry criteria and number of licences ............................................ 67 89 Area of fishery ............................................................................... 67 90 Fishing gear ................................................................................... 68 91 Certain fish not to be taken ............................................................ 68 Division 4 Spanish Mackerel Fishery 92 Declaration of fishery ..................................................................... 68 Division 5 Off-shore Net and Line Fishery Subdivision 1 Preliminary matters 96 Definitions ...................................................................................... 68 96A Declaration of Off-shore Net and Line Fishery............................... 70 96B Area of fishery ............................................................................... 70 96C Mackerel Management zones........................................................ 70 Subdivision 2 Licences and fishery units 96CA ONLF licence ................................................................................. 71 96CB Grant of ONLF licence ................................................................... 71 96CC Fishery units generally ................................................................... 71 96CD Total number of fishery units ......................................................... 71 Subdivision 3 Total allowable catch and quota units 96CE Total allowable catch ..................................................................... 72 96CF Quota units generally ..................................................................... 72 96CG Annual allocation of quota units ..................................................... 73 96CI Overcatch ...................................................................................... 74 Subdivision 4 Transfer of fishery units and quota units 96CJ Application for transfer and approval by Joint Authority................. 75 96CK Effective date of transfer ................................................................ 75 96CL Sale or transfer of fishery units by Territory ................................... 76 Subdivision 5 Register 96CM Allocation of fishery units or quota units ........................................ 76 96CN Transfer of fishery units or quota units .......................................... 76 96CO Cancellation of quota units ............................................................ 77 Subdivision 6 Fishing in Off-shore Net and Line Fishery 96D Taking of fish ................................................................................. 77 -- 6 of 240 -- Fisheries Regulations 1992 vii 100 Fishing gear ................................................................................... 78 100A Maintenance and operation of vessel monitoring system .............. 78 100B Navigating in Grey Mackerel Management Zones ......................... 79 100C Minimum quota units to be held at start of voyage ........................ 80 100D No fishing under another licence during voyage ............................ 81 100E Fish not to be moved between vessels.......................................... 81 100F Processing at sea .......................................................................... 81 100G Unloading fish ................................................................................ 82 100H Weighing fish ................................................................................. 82 100J Calibration of scales ...................................................................... 83 100K Compulsory monitoring when certain gear on vessel .................... 84 100L Compulsory monitoring in other circumstances ............................. 85 100M Compulsory monitoring after offence committed or infringement notice served............................................................. 86 100N Compulsory monitoring on notice .................................................. 87 100P Approved monitoring equipment .................................................... 88 Division 6 Demersal Fishery Subdivision 1 Preliminary matters 101 Definitions ...................................................................................... 88 102 Declaration of Demersal Fishery ................................................... 89 103 Area of fishery ............................................................................... 89 Subdivision 2 Licences and fishery units 104 DF licence...................................................................................... 91 105 Grant of DF licence ........................................................................ 91 106 Fishery units generally ................................................................... 92 107 Total number of fishery units ......................................................... 92 Subdivision 3 Total allowable catch and quota units 107A Total allowable catch ..................................................................... 92 107B Quota units generally ..................................................................... 93 107C Annual allocation of quota units ..................................................... 93 107D Additional allocation of quota units for undercatch ........................ 94 Subdivision 4 Fishing in Demersal Fishery 107E Notice of intention to fish ............................................................... 96 107F Permitted fishing gear .................................................................... 96 107G Use of cast net............................................................................... 97 107H Use of restricted bait net ................................................................ 97 107J Approval to use finfish trawl gear................................................... 97 107K Use of finfish trawl gear or vessel with finfish trawl gear on board ............................................................................................. 98 107KA Maintenance and operation of VMS .............................................. 99 -- 7 of 240 -- Fisheries Regulations 1992 viii 107L Minimum quota units to be held at start of voyage ...................... 100 107M No fish on vessel at start of voyage ............................................. 101 107N Fishing limited to entitlement under quota units........................... 101 107P Certain fish not to be taken .......................................................... 101 107Q No fishing under another licence during voyage .......................... 101 107R Fish not to be moved between vessels........................................ 102 107S Fish not to be processed before unloading .................................. 102 107T Prior landing notice ...................................................................... 102 107U Unloading fish .............................................................................. 103 107V Weighing fish ............................................................................... 103 107W Unload notice............................................................................... 104 107X Compulsory monitoring when certain gear on vessel .................. 104 107Y Compulsory monitoring after offence committed or infringement notice served........................................................... 105 107Z Compulsory monitoring on notice ................................................ 107 Subdivision 5 Transfer of fishery units and quota units 108 Application for transfer and approval by Joint Authority............... 107 108A Effective date of transfer .............................................................. 108 108B Sale or transfer of fishery units by Territory ................................. 108 Subdivision 6 Register 108C Allocation of fishery units or quota units ...................................... 108 108D Transfer of fishery units or quota units ........................................ 108 108E Cancellation of quota units .......................................................... 109 Division 7 Barramundi Fishery 109 Number of licences ...................................................................... 109 110 Transfer of licence ....................................................................... 109 Division 8 Mud Crab Fishery 111 Declaration of fishery ................................................................... 110 Division 9 Mollusc Fishery 115 Declaration of fishery ................................................................... 110 Division 10 Pearl Oyster Fishery Subdivision 1 Preliminary matters 117 Definitions .................................................................................... 110 118 Declaration of Pearl Oyster Fishery ............................................. 111 119 Use and sale of pearl oysters ...................................................... 112 -- 8 of 240 -- Fisheries Regulations 1992 ix Subdivision 2 Grant, renewal and transfer of licences 120 Grant of licence ........................................................................... 112 121 Renewal of licence ...................................................................... 112 122 Transfer of licence ....................................................................... 113 Subdivision 3 Taking of pearl oysters 122A Number of pearl oysters that may be taken ................................. 113 122B Method of taking pearl oysters..................................................... 114 Subdivision 4 Allocation of pearl oyster fishing units 122C Total allowable catch ................................................................... 114 122D Pearl oyster fishing units ............................................................. 114 122E Allocation of pearl oyster fishing units ......................................... 115 Subdivision 5 Transfer of pearl oyster fishing units 122F Transfer of pearl oyster fishing unit must be in accordance with this Division .......................................................................... 115 122G Application for transfer ................................................................. 115 122H Director must approve or refuse application ................................ 116 122J Commencement and duration of transfer .................................... 116 122K Where units transferred to licensee ............................................. 116 122L Where units transferred to person who intends to apply for licence ......................................................................................... 117 122M Licence revoked if minimum number of pearl culture units not held after transfer ........................................................................ 117 Subdivision 6 Miscellaneous 122N Transfer of pearl oysters .............................................................. 117 122P Pearl oyster fishery dump sites.................................................... 117 122Q Licensee must permit inspection of pearl oysters ........................ 118 122R No unauthorised removal of pearl oysters ................................... 118 Division 12 Aquarium Fishing/Display Fishery 129 Declaration of fishery ................................................................... 118 130 Number of licences ...................................................................... 118 131 Area of fishery ............................................................................. 118 132 Purchase or sale of fish ............................................................... 118 133 Fishing gear ................................................................................. 119 Division 13 Trepang Fishery 134 Declaration of fishery ................................................................... 119 135 Number of licences ...................................................................... 119 -- 9 of 240 -- Fisheries Regulations 1992 x 135A Transfer of licences ..................................................................... 119 136 Area of fishery ............................................................................. 119 137 Fishing gear ................................................................................. 120 Division 14 Development 138 Licence required to trial gear or fishing methods ......................... 120 139 Director may grant licence ........................................................... 120 140 Period of licence &c. .................................................................... 120 141 No transfer of licence ................................................................... 120 Division 15 Timor Reef Fishery Subdivision 1 Preliminary matters 141A Definitions .................................................................................... 121 141B Declaration of Timor Reef Fishery ............................................... 121 141C Area of fishery ............................................................................. 121 Subdivision 2 Licences and fishery units 141D TRF licence ................................................................................. 122 141E Grant of TRF licence ................................................................... 122 141F Fishery units generally ................................................................. 122 141G Total number of fishery units ....................................................... 123 Subdivision 3 Total allowable catch and quota units 141H Total allowable catch ................................................................... 123 141J Quota units generally................................................................... 123 141JA Annual allocation of quota units ................................................... 124 141JB Additional allocation of quota units for undercatch ...................... 125 Subdivision 4 Fishing in Timor Reef Fishery 141JC Notice of intention to fish ............................................................. 126 141JD Permitted fishing gear .................................................................. 127 141JDA Maintenance and operation of VMS ............................................ 127 141JE Minimum quota units to be held at start of voyage ...................... 127 141JF No fish on vessel at start of voyage ............................................. 128 141JG Fishing limited to entitlement under quota units........................... 128 141JH Certain fish not to be taken .......................................................... 129 141JI No fishing under another licence during voyage .......................... 129 141JJ Fish not to be moved between vessels........................................ 129 141JK Fish not to be processed before unloading .................................. 129 141JL Prior landing notice ...................................................................... 129 141JM Unloading fish .............................................................................. 130 141JN Weighing fish ............................................................................... 130 141JO Unload notice............................................................................... 131 -- 10 of 240 -- Fisheries Regulations 1992 xi 141JP Compulsory monitoring when finfish long-line on vessel ............. 131 141JQ Compulsory monitoring after offence committed or infringement notice served........................................................... 132 141JR Compulsory monitoring on notice ................................................ 134 Subdivision 5 Transfer of fishery units and quota units 141JS Application for transfer and approval by Joint Authority............... 135 141JT Effective date of transfer .............................................................. 135 141JU Sale or transfer of fishery units by Territory ................................. 135 Subdivision 6 Register 141JV Allocation of fishery units or quota units ...................................... 136 141JW Transfer of fishery units or quota units ........................................ 136 141JX Cancellation of quota units .......................................................... 136 Division 17 Jigging Fishery 141R Declaration of Jigging Fishery ..................................................... 136 141S Entry criteria ................................................................................ 137 141T Transfer of licence ....................................................................... 137 141U Area of fishery ............................................................................. 137 141W Fishing gear ................................................................................. 137 141Y Certain fish not to be taken .......................................................... 137 Part 9 Processing and sale of fish Division 1 Licensing generally 142 Application of Part ....................................................................... 137 143 Criteria for grant or renewal ......................................................... 138 144 Application ................................................................................... 138 145 Place of processing ..................................................................... 138 147 Sale of live fish to certain licensees prohibited ............................ 139 148 Labelling of fish from aquaculture facility ..................................... 139 149 Fish on premises deemed to be for sale ...................................... 139 Division 2 Fish Trader/Processor 150 Fish Trader/Processor may process and resell ........................... 139 151 Purchase of fish ........................................................................... 140 152 Export of food .............................................................................. 140 Division 3 Fish Retailer 154 Sale of fish ................................................................................... 140 155 Purchase of fish ........................................................................... 140 -- 11 of 240 -- Fisheries Regulations 1992 xii Division 4 Fish Broker 156 Fish Broker licence ...................................................................... 141 157 Sale of fish ................................................................................... 141 158 Purchase of fish ........................................................................... 141 Division 5 Sale of fish from Demersal Fishery or Timor Reef Fishery 158A Sale of fish to licence holder ........................................................ 142 Part 10 Aquaculture Division 1 Licensing generally 160 Criteria for grant or renewal ......................................................... 142 161 Application for licence .................................................................. 143 162 Place of processing to be specified in licence ............................. 143 163 Modification of aquaculture facility ............................................... 144 165 Licence details to be displayed .................................................... 144 166 Export of food .............................................................................. 144 167 Freezer capacity .......................................................................... 144 168 Broodstock ................................................................................... 144 169 Labelling of fish etc. from aquaculture facility .............................. 145 Division 2 Aquaculture licence 170 Activities authorised by Aquaculture licence ................................ 145 171 Conditions of licence ................................................................... 145 172 Licence conditional on construction ............................................. 146 173 Possession of broodstock ............................................................ 147 174 Sale of fish ................................................................................... 147 175 Disposal of broodstock ................................................................ 148 Division 2A Ornamental Aquaculture licence 175A Activities authorised by Ornamental Aquaculture licence ............ 148 175B Limit on size of aquaculture facility .............................................. 148 175C Conditions of licence ................................................................... 148 175D Possession of broodstock ............................................................ 149 175E Sale of fish ................................................................................... 149 175F Disposal of broodstock ................................................................ 150 Division 3 Pearl Oyster Culture Industry 176 Definitions .................................................................................... 150 177 Grant of licence ........................................................................... 151 178 Renewal of licence ...................................................................... 151 179 Transfer of licence ....................................................................... 152 -- 12 of 240 -- Fisheries Regulations 1992 xiii 180 Licence revoked if licensee not permitted to seed minimum number of pearl culture units ....................................................... 152 181 Holding areas .............................................................................. 152 181A Licensee must permit inspection of pearl oysters ........................ 152 181B Cancellation, revocation or expiry of licence................................ 153 Part 11 Special licences Division 1 Licensing generally 182 Criteria for grant or renewal ......................................................... 154 Division 2 Aboriginal Coastal licence 183 Application for licence .................................................................. 154 184 Director may grant licence ........................................................... 154 185 No transfer of licence ................................................................... 154 186 Lapse of licence........................................................................... 155 187 Licensee restrictions in relation to commercial fishing ................. 155 188 Area of licence ............................................................................. 155 189 Fishing gear ................................................................................. 155 190 Conditions of licence ................................................................... 156 191 To whom fish may be sold ........................................................... 156 191A Limit on selling fish ...................................................................... 156 Division 3 Fishing Tour Operator licence 192 Licence required for tour operator ............................................... 157 193 Criteria for grant or renewal ......................................................... 157 195 Area of fishery ............................................................................. 157 196 Fishing gear ................................................................................. 157 196A Licence does not authorise taking fish for sale ............................ 158 198 Fish not to be traded .................................................................... 158 Division 4 Aquarium Trader licence 199 Sale, purchase and exhibition of live fish and aquatic life ............ 158 200 Place of trade to be set out in licence .......................................... 158 201 Licence to be displayed ............................................................... 159 201A Notification of exhibition ............................................................... 159 Division 4A Public Aquarium licence 202 Taking, purchasing and exhibiting live fish and aquatic life ......... 159 202A Fishing gear ................................................................................. 160 Division 5 Net licence 203 Licence required for selling or repairing nets ............................... 160 -- 13 of 240 -- Fisheries Regulations 1992 xiv 204 Places where net may be kept..................................................... 160 205 Restrictions on sale and repair .................................................... 160 Part 11A Fisheries Inspectors 205AA Classes of Fisheries Inspectors ................................................... 161 205AB Powers of Fisheries Inspectors.................................................... 161 205AC Additional powers of Fisheries Inspectors (Class 2) .................... 161 205AD Fisheries Inspector to produce evidence of identity ..................... 163 Part 12 Miscellaneous 205A Infringement notice offences........................................................ 163 206 Minister may prescribe fees ......................................................... 163 207 NTSCI levy payable ..................................................................... 164 208 Barramundi levy........................................................................... 165 208A Timor Reef Fishery licence levy................................................... 165 208B Demersal Fishery licence levy ..................................................... 166 208C Pearl oyster licence levy .............................................................. 166 208CA Off-shore Net and Line Fishery licence levy ................................ 166 208D Vessel monitoring system levy .................................................... 167 209 General offences ......................................................................... 167 209A Application of Act to holders of certain permits under Commonwealth Act ..................................................................... 167 209B Review of decisions made in relation to Joint Authority fishery ... 168 Part 13 Repeals and transitional matters for Regulations No. 72 of 1992 210 Repeal and savings ..................................................................... 169 Part 14 Transitional matters for Fisheries Amendment (Off-Shore Net and Line Fishery) Regulations 2005 211 Definitions .................................................................................... 169 212 Savings – Shark Fishery licence etc. ........................................... 169 213 Savings – instruments ................................................................. 170 Part 15 Transitional matters for Fisheries Amendment (Pearl Oyster Fishery) Regulations 2006 214 Application of amendment ........................................................... 170 215 Savings – licensing year .............................................................. 170 -- 14 of 240 -- Fisheries Regulations 1992 xv Part 16 Transitional matters for Fisheries Amendment (Timor Reef Fishery) Regulations 2011 216 Interpretation ............................................................................... 171 217 Revocation of old licences ........................................................... 171 218 Grant of TRF licences.................................................................. 171 219 Allocation of fishery units ............................................................. 172 220 Transfer of fishery units if TRF licence not granted ..................... 172 221 Allocation of quota units in first licence year ................................ 172 Part 17 Transitional matters for Fisheries Amendment (Demersal Fishery) Regulations 2012 222 Interpretation ............................................................................... 173 223 Revocation of old licences and refund ......................................... 173 224 Grant of DF licences .................................................................... 174 225 Allocation of fishery units ............................................................. 174 226 Transfer of fishery units if DF licence not granted ....................... 175 227 Allocation of quota units in first licence year ................................ 175 Part 18 Transitional matters for Fisheries Amendment (Coastal Line Fishery and Other Matters) Regulations 2015 228 Definitions .................................................................................... 175 229 Restricted and unrestricted Coastal Line Fishery licences become CLF licences .................................................................. 176 230 Allocation of fishery units to eligible CLF licences ....................... 176 231 Allocation of quota units to eligible CLF licences ......................... 177 232 Application of regulation 78F ....................................................... 177 Part 19 Transitional matters for Fisheries Amendment (Off-shore Net and Line Fishery) Regulations 2018 233 Interpretation ............................................................................... 177 234 Revocation of old licences ........................................................... 178 235 Grant of ONLF licences ............................................................... 178 236 Allocation of fishery units to eligible licences ............................... 178 237 Allocation of quota units to ONLF licences .................................. 180 238 Transfer of fishery units if ONLF licence not granted................... 181 Schedule 1 Noxious species Schedule 1AA Daly River Fish Management Zone -- 15 of 240 -- Fisheries Regulations 1992 xvi Schedule 1AB Protection areas Schedule 1AC Tiwi Islands restriction zones Schedule 2 Licence or permit for which fees are payable Schedule 3 Licence or permit for which levies are payable Schedule 5 Tuna or tuna like species in respect of which taking as by-catch is prohibited or limited Schedule 6 Infringement notice offences and penalties Schedule 7 Species of fish or aquatic life for which permit to import may be granted Schedule 8 Fish of priority species ENDNOTES -- 16 of 240 -- NORTHERN TERRITORY OF AUSTRALIA ____________________ As in force at 1 July 2026 ____________________ FISHERIES REGULATIONS 1992 Regulations under the Fisheries Act 1988 Part 1 Preliminary matters 1 Citation These Regulations may be cited as the Fisheries Regulations 1992. 2 Commencement These Regulations shall come into operation on 1 January 1993. Part 2 Interpretation 3 Interpretation (1) In these Regulations: Aboriginal Coastal licence means a licence granted in accordance with Part 11, Division 2. Aboriginal Coastal licensee means the holder of an Aboriginal Coastal licence. approved monitoring equipment means fishing monitoring equipment approved in writing by the Joint Authority. aquaculture facility means a lease or parcel of land or leases or parcels of adjacent land (whether or not covered by water) upon which an aquaculture operation is carried out. Aquaculture licence means a licence granted for the purposes of Part 10, Division 2. Aquaculture licensee means the holder of an Aquaculture licence. -- 17 of 240 -- Part 2 Interpretation Fisheries Regulations 1992 2 aquarium means a pond, tank or other container with a surface area not exceeding 10 m 2 used for keeping live fish or aquatic life, and used otherwise than for the purposes of aquaculture. Aquarium Trader licence means a licence granted for the purposes of Part 11, Division 4. Aquarium Trader licensee means the holder of an Aquarium Trader licence. assistant means a person who assists a licensee or an approved operator in the conduct of fishing operations. bait means fish, aquatic life, meat or other organic substance capable of being used, or intended to be used, to entice fish or aquatic life. baitfish means any of the following: (a) fish of the family Mugilidae (commonly known as mullet); (b) fish of the family Hemiramphidae (commonly known as garfish); (c) fish of the family Clupeidae or family Engraulidae (commonly known as pilchards, herring and sardines); (d) fish of the family Sillaginidae (commonly known as whiting). baitfish (Division 2), for Part 5, Division 2, see regulation 46AA. barramundi means fish of the species Lates calcarifer. baseline means the territorial sea baseline of the Territory declared under the Seas and Submerged Lands Act 1973 (Cth) by Proclamation published in Commonwealth Gazette No. S29 on 9 February 1983 (as amended). billfish means fish of the family Istiophoridae (commonly known as billfish). black jewfish means fish of the species Protonibea diacanthus (commonly known as black jewfish). bream means fish of the genus Acanthopagrus (commonly known as bream). broodstock means adult fish or aquatic life taken or used for breeding in an aquaculture facility. -- 18 of 240 -- Part 2 Interpretation Fisheries Regulations 1992 3 cephalopod means a mollusc of the class Cephalopoda which includes, but is not limited to, the species commonly known as cuttlefish, octopus and squid. Chief Inspector, see the Livestock Act 2008. coastline means: (a) except in relation to the mouth of a river, an imaginary line drawn along the coast at the Highest Astronomical Tide; or (b) in relation to the mouth of a river, an imaginary line, contiguous with the adjacent coastline, drawn across the mouth of the river. cod means cod, grouper or any other fish of the genus Epinephelus, Cromiletpes or Cephalopholis. combined Blacktip Shark, for Part 8, Division 5, see regulation 96. combined fin fish group (by-product) species, for Part 8, Division 5, see regulation 96. combined other Shark group species, for Part 8, Division 5, see regulation 96. combined Shark group, for Part 8, Division 5, see regulation 96. commercial fishing licence means a licence relating to a fishery specified in or referred to in Part 8. commercial fishing licensee means a person who holds a commercial fishing licence. Committee means the Disease and Pest Control Committee established under regulation 19. coral trout, for Part 5, Division 3, see regulation 46BAA. crab, for Part 5, Division 2, see regulation 46AA. Daly River Fish Management Zone means the area described in Schedule 1AA. Darwin port means the Port of Darwin as defined in section 3 of the Ports Management Act 2015. Eastern Grey Mackerel Management Zone, for Part 8, Division 5, see regulation 96C(2). -- 19 of 240 -- Part 2 Interpretation Fisheries Regulations 1992 4 exotic means, in relation to fish or aquatic life, fish or aquatic life that is not indigenous to the Territory. fillet means part or all of the body musculature of a fish extending from the base of its head to its tail. fin fish means fish of the Class Teleostei. fin fish length means the length of a fin fish from the tip of the snout to the tip of the middle ray of the caudal fin while the fish is lying flat. Fish Broker licence means a licence for the purposes of Part 9, Division 4. Fish Broker licensee means the holder of a Fish Broker licence. Fish Management Zone means the Daly River Fish Management Zone or Mary River Fish Management Zone. Fish Retailer licence means a licence for the purposes of Part 9, Division 3. Fish Retailer licensee means the holder of a Fish Retailer licence. Fish Trader/Processor licence means a licence for the purposes of Part 9, Division 2. Fish Trader/Processor licensee means the holder of a Fish Trader/Processor licence. fishery unit, for Part 8, Division 5, see regulation 96CC(1). Fishing Tour Operator licence means a licence for the purposes of Part 11, Division 3. Fishing Tour Operator licensee means the holder of a Fishing Tour Operator licence. fishing tour operation means an expedition organised for reward, fee or other valuable consideration, enabling people to engage in amateur fishing. Food Standards Code, see section 6 of the Food Act 2004. fork length, of a king threadfin, means the length of the king threadfin measured from the tip of the snout to the fork of the tail fin while the fish is lying flat on a measuring tape or measuring device. freshwater crustacean means a freshwater prawn or redclaw. -- 20 of 240 -- Part 2 Interpretation Fisheries Regulations 1992 5 freshwater prawn means a crustacean of the genus Macrobrachium (commonly known as a freshwater prawn or cherabin). goldband snapper means fish of the genus Pristipomoides (commonly known as goldband snapper). golden snapper means fish of the species Lutjanus johnii (commonly known as golden snapper). Gove port means the port at Gove Harbour bounded by an imaginary line extending between the co-ordinates 6820 E 86520 N, 6820 E 86470 N, 6860 E 86470 N and 6860 E 86520 N on Map Sheet Gove 6273. Grey Mackerel, for Part 8, Division 5, see regulation 96. grouped fish means fish other than barramundi, goldband snapper, king threadfin, red snapper, Spanish mackerel, shark and mud crab. high water mark means Highest Astronomical Tide. indigenous, in relation to fish or aquatic life, does not include the progeny of an introduced species of fish or aquatic life. Joint Authority means the Northern Territory Fisheries Joint Authority established under section 12D(1) of the Fisheries Act 1952 (Cth) (repealed) and continued in existence by section 7(4)(a) of the Fisheries Legislation (Consequential Provisions) Act 1991 (Cth). king threadfin means fish of the species Polydactylus macrochir (commonly known as king threadfin). licensing year means the year commencing on 1 July in a year and ending on 30 June in the following year. low water mark means Lowest Astronomical Tide. mackerel means fish of the genus Scomberomorus. making way means, in relation to a vessel, moving through water by the use of sails, motors, oars or other means of propulsion, including being towed by another vessel, but does not include movement through water by the action of waves or tides alone. mangrove jack means fish of the species Lutjanus argentimaculatus (commonly known as mangrove jack). -- 21 of 240 -- Part 2 Interpretation Fisheries Regulations 1992 6 Mary River Fish Management Zone means the area described in Schedule 3 to the Barramundi Fishery Management Plan 1998. mollusc means fish of the Phylum Mollusca. mother boat means the registered vessel nominated under regulation 53. mud crab means crabs, or parts of crabs, of the genus Scylla. Net licence means a licence granted for the purposes of Part 11, Division 5. Net licensee means the holder of a Net licence. no-take species, for Part 8, Division 5, see regulation 96D(3). notifiable disease means a disease causing significant mortality or poor health in fish or aquatic life. Off-shore Net and Line Fishery area, for Part 8, Division 5, see regulation 96B(1). ONLF licence, for Part 8, Division 5, see regulation 96. Ornamental Aquaculture licence means a licence granted for the purposes of Part 10, Division 2A. Ornamental Aquaculture licensee means the holder of an Ornamental Aquaculture licence. pearl oyster means molluscs of the genus Pinctada. Pearl Oyster Culture Industry licence means a licence granted for the purposes of Part 10, Division 3. pilchard, for Part 5, Division 2, see regulation 46AA. place includes land, waters, buildings, vehicles and vessels. Public Aquarium licence means a licence for the purposes of Part 11, Division 4A. Pearl Oyster Culture Industry licensee means the holder of a Pearl Oyster Culture licence. Public Aquarium licensee means the holder of a Public Aquarium licence. quota unit, for Part 8, Division 5, see regulation 96CF(1). -- 22 of 240 -- Part 2 Interpretation Fisheries Regulations 1992 7 redclaw means a crustacean of the species Cherax quadricarinatus (commonly known as a redclaw). red emperor, for Part 5, Division 3, see regulation 46BAA. red snapper means fish of the species Lutjanus malabaricus or Lutjanus erythropterus (commonly known as red snapper). red snapper (Division 2), for Part 5, Division 2, see regulation 46AA. register, for Part 8, Division 5, see regulation 96. regulated mollusc means a mollusc that is not a cephalopod. repealed Regulations means the Regulations repealed by regulation 210. river closure line, in relation to a river specified in Schedule 5 of the Barramundi Fishery Management Plan 1998 as in force from time to time, means a straight line drawn between the co-ordinates specified in that Schedule for that river. Russell's snapper, for Part 5, Division 3, see regulation 46BAA. saltwater prawn, for Part 5, Division 2, see regulation 46AA. shark means fish of the Class Chondricthyes. shark (Division 2), for Part 5, Division 2, see regulation 46AA. snapper means fish of the family Lutjanidae. Spanish mackerel means fish of the species Scomberomorus commerson (commonly known as Spanish mackerel). species group: (a) for Part 8, Division 5, means any of the following: (i) combined Blacktip Shark; (ii) combined fin fish group (by-product) species; (iii) combined other Shark group species; (iv) combined Shark group; (v) Grey Mackerel; (vi) Spot-tail Shark; and -- 23 of 240 -- Part 2 Interpretation Fisheries Regulations 1992 8 (b) for Part 8, Divisions 6 and 15, means any of the following: (i) goldband snapper; (ii) red snapper; (iii) grouped fish. Spot-tail Shark, for Part 8, Division 5, see regulation 96. stripey snapper, for Part 5, Division 3, see regulation 46BAA. tarpon, for Part 5, Division 2, see regulation 46AA. total allowable catch: (a) for Part 8, Division 1 – see regulation 78D; or (b) for Part 8, Division 5 – see regulation 96CE(1); or (c) for Part 8, Division 6 – see regulation 107A; or (d) for Part 8, Division 10 – see regulation 122C(1); or (e) for Part 8, Division 15 – see regulation 141H. trepang means fish of the Class Holothuroidea. tricky snapper, for Part 5, Division 3, see regulation 46BAA. trunk means a fish from which the head has been removed. tuskfish, for Part 5, Division 3, see regulation 46BAA. underwater breathing apparatus means artificial breathing apparatus designed for use underwater, other than a snorkel. under way means, in relation to a vessel, a vessel which is not: (a) aground; or (b) anchored (whether directly or indirectly); or (c) made fast to the shore. vessel, for Part 5, Division 3, see regulation 46BAA. vessel length means the length of a vessel measured in accordance with the Uniform Code as defined in section 7(1) of the Marine Act 1981. -- 24 of 240 -- Part 2 Interpretation Fisheries Regulations 1992 9 voyage means the period between a vessel leaving a port, permanent camp site or approved anchorage and returning to a port, permanent camp site or approved anchorage, during which time fishing under a licence has taken place. Western Grey Mackerel Management Zone, for Part 8, Division 5, see regulation 96C. (2) In these Regulations, a licence name specified by reference to a fishery means a licence granted in respect of the fishery to which the licence name refers and a reference to a licensee specified by reference to a fishery means a person holding a licence in respect of the fishery referred to. (3) If, under these Regulations, a point, line, area or relative position is to be calculated by reference to the coastline or an imaginary line along the coastline (whether or not along a particular water line on the coast) the coastline or imaginary line along the coastline is taken to include: (a) in relation to a river specified in Schedule 5 of the Barramundi Fishery Management Plan 1998 as in force from time to time, the river closure line specified in that Schedule for that river; and (b) in relation to any other river, an imaginary straight line across the mouth of the river calculated in the same manner as for the calculation of the baseline for the purposes of the Seas and Submerged Lands Act 1973 (Cth) had all off-lying islands and historical bays and waters been ignored. (4) If the scientific name of a fish or aquatic life changes, a reference in these Regulations to the scientific name must be read as including the new scientific name of the fish or aquatic life. 4 Definitions relating to gear In these Regulations: amateur fishing gear means gear specified in regulation 46(1). amateur drag net means a net that: (a) is made of twine that has a diameter of not less than 0.35 mm; and (b) has a mesh size of not more than 28 mm; and (c) does not exceed 16 m in length (excluding any attached haul lines); and -- 25 of 240 -- Part 2 Interpretation Fisheries Regulations 1992 10 (d) has a drop of not more than 2 m. Note for paragraph (a) Twine that has a diameter of not less than 0.35 mm is equivalent to 6 kg monofilament fishing line. auto-baiting device means a device, through which fish hooks are passed, that assists in fixing baits to the hooks. bait net means a net which: (a) is not longer than 300 m, excluding the length of any attached haul lines; and (b) has both pocket, if any, and net made of mesh not larger than 65 mm; and (c) has a drop of not more than 5 m. cast net means a net which: (a) has a diameter not more than 6 m; and (b) is made of mesh not larger than 25 mm; and (c) has a drop of not more than 3 m when suspended from the centre. coastal net means a net which: (a) is not longer than 300 m, excluding the length of any attached haul lines; and (b) has both the pocket, if any, and net made of mesh not larger than 65 mm; and (c) has a drop of not more than 5 m. complying freshwater pot means an enclosed pot that: (a) is designed to take freshwater crustaceans; and (b) is made of flexible net that: (i) is stretched over a metal frame; and (ii) has a mesh size of not less than 15 mm; and (c) has not more than 2 openings (excluding any opening for emptying crustaceans from the pot or placing bait in the pot); and -- 26 of 240 -- Part 2 Interpretation Fisheries Regulations 1992 11 (d) does not have metal or other rigid material protruding into the funnel of the pot; and (e) does not exceed 70 cm in length or 50 cm in width or height; and (f) has a turtle excluder device fitted to each opening (excluding any opening for emptying crustaceans from the pot or placing bait in the pot); and (g) does not have inside or attached to it material that is likely to entangle fish or aquatic life. complying marine pot means an enclosed pot that: (a) is designed to take mud crabs; and (b) has a volume of 0.5 m 3 or less; and (c) does not exceed 1 m in length, width or height; and (d) for a pot made from polyethylene mesh used for amateur fishing – has a minimum mesh size of 50 mm when stretched; and (e) has not more than 4 openings (excluding any opening for emptying mud crabs from the pot or placing bait in the pot); and (g) does not have inside or attached to it material that is likely to entangle fish or aquatic life. demersal means on or near the sea bed. demersal long-line means a main line anchored to the seabed at both ends and at intervals along its length, to which hooks or branch lines with hooks are attached. dilly pot means a pot that: (a) is made of flexible net that: (i) is stretched over one or more metal hoops that do not exceed 1 m in diameter; and (ii) has a mesh size of not less than 15 mm; and (iii) does not exceed 1 m in length; and -- 27 of 240 -- Part 2 Interpretation Fisheries Regulations 1992 12 (b) is constructed so that, when set, the sides collapse and the net lies flat on the ground and is not capable of entangling fish or aquatic life; and (c) does not have attached to it material that is likely to entangle fish or aquatic life. drop, in relation to a net, means the distance between the head and foot ropes where the net is in normal operation or, if ropes are not present, the positions in which they would be located if present. drop line means a weighted line which has not less than 6 and not more than 40 hooks attached. finfish long-line means a main line that: (a) is weighted to the seabed at both ends; and (b) has finfish snoods, or branch lines with finfish snoods, attached to it. finfish snood means a short length of unsheathed monofilament nylon or fluorocarbon material that: (a) has a diameter of not more than 2 mm; and (b) has a fish hook attached to it. finfish trawl gear means a net: (a) which has a mesh size of more than 110 mm; and (b) the cod end of which is not covered by a double cod end liner; and (c) the total weight on the footline (including bobbin lines, chains, bridles and any other device weighing on the footline) of which does not exceed 4 kilograms wet weight in the air per linear metre; and (d) the twine size in the forward half (including wing and belly sections) of which does not exceed 90 ply by 400 denier or the equivalent in other material types. fish-trap means a portable cage or part of a cage designed or intended to catch fish or which is capable of catching fish, that: (a) has a volume greater than 0.5 m 3; and (b) has an external structure made of wire, steel or other rigid material or other approved material; and -- 28 of 240 -- Part 2 Interpretation Fisheries Regulations 1992 13 (c) does not have inside or attached to it material that is likely to entangle fish or aquatic life. fixed fish-trap means a permanently positioned structure made of wire, steel or other rigid material which has a door at least 1 m 2 in the seaward part of the lower third of the trap through which fish may escape when the structure is not in use. funnel, of a pot, means the opening and adjoined internal flute of the pot that allows crustaceans to enter the pot. gill net means a net or part of a net (including any warp, rope, chain, material, device or thing used in conjunction with or attached to the net or part of the net) that: (a) has a mesh size greater than 65 mm; and (b) is used or is capable of being used to catch fish or aquatic life. hand spear means a spear propelled by human power without the use of a device. jigging gear means a line to which is attached one or more hooked rippers, being a device the stem of which is fitted with at least one, but not more than 3, circles of upturned, barbless hooks. line includes a mono-filament, multi-filament, synthetic or natural fibre twine, material, wire, rope or chain. mesh means one of the open spaces of a net. mesh size, in relation to a net, means the distance between the inner edges of the knots of opposite corners of the mesh or, where the mesh does not have knots, the inner edges of opposite corners of the mesh, measured with the mesh closed, as determined in accordance with regulation 6. mono-filament twine means one continuous length of fibre of synthetic material that is not twisted but is suitable for use as a twine. multi-filament twine means: (a) fibres, made of synthetic or natural material, that are twisted together to form a filament, then twisted to form a strand; or (b) a combination of mono-filament twines twisted or knotted to form a continuous twine. -- 29 of 240 -- Part 2 Interpretation Fisheries Regulations 1992 14 net means a device made of twine forming a number of meshes used or designed to be used to catch or hold fish, whether or not lead ropes, floats, lead lines, anchors or leads are attached, but does not include a scoop net which is hand held and attached to a rigid hoop. pelagic long-line means a main line that can be anchored and to which hooks or branchlines with hooks are attached. pelagic net means a net: (a) constructed of twine not less than 0.9 mm diameter; and (b) with a mesh size of not less than 160 mm and not greater than 185 mm; and (c) having a drop of not more than 100 meshes. pocket means a structure, made of net and attached to or forming part of a net, in which fish may be collected. pot means a portable device designed to act as a trap, or that may act as a trap, for crustaceans. regulated pot means a complying freshwater pot, complying marine pot or dilly pot. restricted bait net means a net which: (a) is not longer than 100 m, excluding the length of any attached haul lines; and (b) has both pocket, if any, and net made with a mesh 65 mm or less; and (c) has a drop of not more than 5 m. scoop net means a net, a landing net, a basket or other similar device with an attached handle, made of mesh attached to a frame and designed to be held in the hand at all times when in use for scooping fish from water. snood means a short length of line that has a fish hook attached to it. spear-gun means a device used in underwater fishing to propel spears, arrows or other projectiles and includes propulsion by means of rubber (commonly known as an Hawaiian sling), bows, compressed gas or explosive charges. -- 30 of 240 -- Part 2 Interpretation Fisheries Regulations 1992 15 traditional fish trap, for an Aboriginal Coastal licensee, means a structure intended to catch fish, that: (a) is of a design traditionally used by members of the community or group mentioned in regulation 183(a) of which the licensee is a member; and (b) has walls leading to the holding area in the trap of not more than 100m in length. trammel net means a configuration of multi-panelled nets set one behind the other, all or some or part of which are attached to the same section of a headrope. troll line means a line to which is attached only one of the following: (a) one hook; (b) one set of joined hooks attached to the one piece of bait; (c) one lure to which hooks may be attached. turtle excluding device means a rigid ring with an internal diameter not greater than 90 mm. twine means mono-filament or multi-filament twine. vertical line means a weighted line to which no more than 5 hooks are attached. 5 Application (1) These Regulations (including those regulations not contained in Part 8, Division 5, 6, 15 or 16), to the extent that they can apply, extend to and are taken to apply to each Joint Authority fishery to be managed in accordance with the law of the Territory by the Joint Authority. (2) These Regulations are, to the extent that they apply to a Joint Authority fishery, made under section 70 of the Act. 6 Determination of mesh size (1) Where a method for the determination of the mesh size of a net to be used in a fishery is specified in the fishery management plan for that fishery, that method is to be used. -- 31 of 240 -- Part 2 Interpretation Fisheries Regulations 1992 16 (2) To determine the mesh size of finfish trawl gear, the following method is to be used: (a) immediately before the measurement is taken, the part of the net to be measured is to be soaked in fresh or salt water for not less than 5 minutes; (b) the part of the net to be measured is to be suspended vertically; (c) the distance between the surface of a knot and the surface of the opposite knot in the same mesh or, in the case of a mesh without knots, the opposite corners of a mesh is to be measured by means of a device which has 2 arms, the upper of which is fixed and the lower of which: (i) is capable of moving freely in relation to the upper; and (ii) has a weight of 3170 grams acting on it; (d) the device is to be graduated so that the distance between the upper and lower arms of the device can be ascertained to the nearest millimetre; (e) the device is to be suspended so that the upper arm is in contact with the top of the mesh being measured and the lower arm is free to move, allowing the weight acting on the lower arm to pull the mesh taut; (f) the measurement of the mesh is to be taken to be the average measurement of 10 meshes at least 30 cm from each other. (3) To determine the mesh size of a net to which neither subregulation (1) nor (2) applies, the following method is to be used: (a) immediately before the measurement is taken, the part of the net to be measured is to be soaked in fresh or salt water for not less than 5 minutes; (b) a device graduated in millimetres is to be used to measure the distance between opposite knots or, in the case of a mesh without knots, opposite corners of a mesh when the mesh is closed; (c) the mesh is closed when the sides of the mesh are as close to touching each other as practicable by the use of sufficient tension by hand or other means but without the use of such tension as to stretch the net material or the mesh past its natural length; -- 32 of 240 -- Part 3 General matters Division 1 General Fisheries Regulations 1992 17 (d) the measurement of the mesh is to be taken to be the average measurement of 10 meshes at least 30 cm from each other. Part 3 General matters Division 1 General 7 Interference with fishing operation A person shall not, without lawful authority: (a) interfere with a vessel or fishing gear being used for fishing; or (b) hinder or obstruct a person fishing. 8 No tethering of fish (1) A person must not place or retain a fish on a tether after the fish has been taken. (2) Subregulation (1) applies whether the fish is alive or dead. (3) It is a defence to a charge of an offence against subregulation (1) if the defendant proves the fish was at the defendant's place of permanent residence. 9 Certain fish not to be taken or possessed (1) A person must not take or have possession of any of the following: (a) cod that is more than 1.2 m long; (b) northern river shark, or speartooth shark, of the genus Glyphis; (c) sawfish of the genus Pristis, but not including wide sawfish (Pristis pectinata); (d) molluscs of the family Tridacnidae (giant clam). Maximum penalty: 170 penalty units. (2) It is a defence to a charge of an offence against subregulation (1) if the defendant proves the fish were taken or possessed under a licence or permit. -- 33 of 240 -- Part 3 General matters Division 1 General Fisheries Regulations 1992 18 10 Protected species not to be taken A person shall not take, whether as by-catch or otherwise, fish or aquatic life which is a protected species under the Territory Parks and Wildlife Conservation Act 1976. 10A Fishing and other restrictions in protection areas (1) A person commits an offence if the person engages in amateur fishing from an unregistered vessel in a protection area. Maximum penalty: 170 penalty units. (2) The holder of a specified licence commits an offence if a vessel registered for the licence is used for fishing under the licence in a protection area. Maximum penalty: 170 penalty units. (2A) Subregulation (2) does not apply to the holder of an Off-shore Net and Line Fishery licence in relation to a protection area if the Director gives the holder written approval to use a vessel for fishing under the licence in the protection area. (2B) An approval given to the holder of an Off-shore Net and Line Fishery licence under subregulation (2A) is conditional on the holder ensuring that any restrictions specified in the approval relating to the amount of any fish that may be taken in the protection area are complied with. (2C) A person in control of an unregistered vessel commits an offence if: (a) there is any fish or amateur fishing gear on board the vessel; and (b) the vessel is in a protection area and is not under way and making way. Maximum penalty: 170 penalty units. (2D) The holder of a specified licence commits an offence if: (a) there is any fish or fishing gear on board a vessel registered for the licence; and (b) the vessel is in a protection area and is not under way and making way. Maximum penalty: 170 penalty units. -- 34 of 240 -- Part 3 General matters Division 1 General Fisheries Regulations 1992 19 (2E) Subregulation (2D) does not apply to the holder of an Off-shore Net and Line Fishery licence in relation to a protection area if the holder has been given approval under subregulation (2A) in relation to that area. (3) In this regulation: protection area means each of the following: (a) the area described as the Melville Island Protection Area in Schedule 1AB, Part 1; (b) the area described as the Charles Point Protection Area in Schedule 1AB, Part 2; (c) the area described as the Howland Shoal and Emu Reef Protection Area in Schedule 1AB, Part 3; (d) the area described as the Lorna Shoal Protection Area in Schedule 1AB, Part 4; (e) the area described as the Bathurst Island Protection Area in Schedule 1AB, Part 5. specified licence means: (a) a Coastal Line Fishery licence; or (b) a Coastal Net Fishery licence; or (c) an Off-shore Net and Line Fishery licence; or (d) a Fishing Tour Operator licence. 10B Fishing in Tiwi Islands restriction zones (1) A person commits an offence if the person: (a) engages in fishing in a Tiwi Islands restriction zone; and (b) does not do so in accordance with the written permission of the Tiwi Land Council. Maximum penalty: 170 penalty units. (2) In this regulation: Tiwi Islands restriction zone means: (a) the area described as the Melville Island, Nodlaw Island and Karslake Island Restriction Zone in Schedule 1AC, Part 1; or -- 35 of 240 -- Part 3 General matters Division 1 General Fisheries Regulations 1992 20 (b) the area described as the Bathurst Island and Clift Island Restriction Zone in Schedule 1AC, Part 2. Tiwi Land Council means the Tiwi Land Council established under the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth). 11 Defence to taking of fish or aquatic life It is a defence to a charge of taking fish or aquatic life which the defendant is not permitted to take if the defendant proves that the fish or aquatic life was, immediately after being taken, returned, with as little injury to it as possible, to the water. 12 Release of fish or aquatic life A person may release live fish or aquatic life into a body of water which is not an aquarium only: (a) to return the fish or aquatic life to the water catchment from which it came; or (b) in accordance with a permit; or (c) in accordance with an Aquaculture licence or Pearl Oyster Culture Industry licence. 13 Movement of fish or aquatic life A person (other than the holder of an Aquaculture licence or Pearl Oyster Culture Industry licence who moves live fish or aquatic life in accordance with a licence) must not, without a permit under these Regulations, move live fish or aquatic life from a place within a water catchment area and place them into a body of water (other than an aquarium) within a different catchment area from which it is possible that water, live fish or aquatic life may escape into a natural waterway. 14 Impeding passage of fish or aquatic life A person who constructs a dam or any other structure which may impede the natural movement of fish or aquatic life downstream or upstream shall, where directed to do so by the Director, provide a device or a facility to permit the passage of fish or aquatic life through, over, under or around the dam or structure. -- 36 of 240 -- Part 3 General matters Division 2 Diseased and contaminated fish and noxious species Fisheries Regulations 1992 21 Division 2 Diseased and contaminated fish and noxious species 15 What is a noxious species For the definition noxious species in section 4(1) of the Act, each fish or aquatic life specified in Schedule 1 is a noxious species. 16 Prohibition against taking diseased or contaminated fish or noxious species (1) The Director may, by Gazette notice, declare areas in which the taking of fish or aquatic life of a particular species is prohibited because of: (a) the risk the species may pose, if consumed, to human health; or (b) the risk of the spread of contamination or disease to other fish or aquatic life in other areas. (2) The Director may, by Gazette notice, declare that: (a) the taking of any fish or aquatic life from an area specified in the notice; or (b) the movement of any fish or aquatic life from an area specified in the notice to another area; is prohibited because of the risk of the spread of a noxious species to other areas. 17 Prohibition against movement and sale A person must not: (a) move diseased or contaminated fish or aquatic life or a noxious species from one place, water catchment or storage unit to another place, water catchment or storage unit; or (b) sell diseased or contaminated fish or aquatic life. 18 Destruction of fish or aquatic life (1) The Director may destroy fish or aquatic life that the Director believes, on reasonable grounds, to be diseased or contaminated, if the Director considers it necessary in order to prevent the spread of disease or contamination. -- 37 of 240 -- Part 3 General matters Division 2 Diseased and contaminated fish and noxious species Fisheries Regulations 1992 22 (2) The Director may destroy fish or aquatic life if the Director believes, on reasonable grounds, that it is necessary to prevent the spread of a noxious species. 19 Disease and Pest Control Committee (1) The Director may establish a Disease and Pest Control Committee to advise the Director on such issues, related to the prevention or control of disease or noxious species or the prevention of the spread of disease or noxious species, as the Director thinks fit. (2) The Committee must consist of: (a) the Director, who must be the Chairperson; and (b) an employee in the department primarily responsible to the Minister for the administration of the Fisheries Act 1988 nominated by the Director; and (c) the Chief Inspector or a person nominated by him or her; and (d) 3 persons appointed by the Director for such period, not exceeding 3 years, as is specified in the instrument of appointment. (3) At least one person appointed under subregulation (2)(d) must have the experience and expertise to represent interests relating to fishing, fish and aquatic life on the Committee. 20 Procedure of Committee (1) The Chairperson must convene such meetings of the Committee as he or she thinks fit. (2) The Committee must determine the procedure to be adopted at or in connection with a meeting of the Committee. (3) At a meeting of the Committee, 4 members, one of whom must be: (a) the Chairperson; or (b) the Chief Inspector or his or her nominee; constitute a quorum. 21 Declaration of control areas The Director may, by Gazette notice, declare: (a) an area containing fish or aquatic life which have contracted a notifiable disease to be a quarantine area; or -- 38 of 240 -- Part 3 General matters Division 3 Exotic fish and import permits Fisheries Regulations 1992 23 (b) an area containing fish or aquatic life considered by the Committee to be at risk of contracting a notifiable disease to be a protected area; or (c) an area containing a noxious species to be a restricted area. 22 Regulation of control area Where an area has been declared to be a quarantine area, a protected area or a restricted area under regulation 21, the Director may: (a) regulate or prohibit all transportation of fish or aquatic life into, within or out of the area; and (b) regulate or prohibit the movement into, within or out of the area by people, vehicles, vessels or aircraft; and (c) nominate particular species of fish or aquatic life to which the notice applies; and (d) where the area has been declared a quarantine area or a restricted area – prohibit the release of water from an aquaculture facility other than with the permission of the Director; and (e) order the treatment or destruction of diseased fish, aquatic life, feed, contaminated equipment, water or other things which, in the opinion of the Director, may transmit disease or a noxious species to areas outside the declared area. 23 Notification of disease The holder of a licence in respect of Part 10 shall, as soon as practicable after he or she observes symptoms of a notifiable disease in an aquaculture facility operated under the licence, advise the Director of the presence of the disease. Division 3 Exotic fish and import permits 25 Permit required to trade in or release live exotic fish and aquatic life For section 11(1)(f) of the Act, the following things are able to be done only under a permit: (a) trade in live exotic fish or exotic aquatic life; (b) release an exotic fish or exotic aquatic life into a body of water other than an aquarium. -- 39 of 240 -- Part 3 General matters Division 3 Exotic fish and import permits Fisheries Regulations 1992 24 26 Permit to import live fish or aquatic life (1) An application for a permit to import live fish or aquatic life must be accompanied by a statement of the proposed method of treatment and disposal of the water in which the fish or aquatic life is imported. (1A) The Director may require an applicant for a permit to import live fish or aquatic life to be supported by a certificate attesting to: (a) the disease status of the fish or aquatic life; and (b) any treatment given to the fish or aquatic life. (1B) The certificate must be issued by one of the following persons, who must have inspected the fish or aquatic life to which the certificate refers: (a) for fish or aquatic life other than plant life – a veterinarian, however described, registered under the Veterinarians Act 1994 or a similar Act of a State or another Territory; (b) for aquatic life that is plant life – an approved person. (2) The Director may only grant a permit to import live fish or aquatic life if: (a) the fish or aquatic life is of a species that: (i) is indigenous to Australia; or (ii) is, under section 303EB of the Environment Protection and Biodiversity Conservation Act 1999 (Cth), taken to be suitable for live import; or (iii) is specified in Schedule 7; and (b) in the Director's opinion: (i) there is no risk of disease to people, fish or aquatic life by the importation; and (ii) there is no risk of variation of the genetic composition or genetic material of Territory fish or aquatic life by the importation; and (iii) the fish or aquatic life to be imported will not adversely affect the diversity of genetic material within the Territory; and -- 40 of 240 -- Part 3 General matters Division 4 Reporting Fisheries Regulations 1992 25 (iv) the fish or aquatic life will not present an unacceptable risk of detriment to other fish or aquatic life in the Territory. 28 Permit to import live fish or aquatic life to state certain matters A permit to import live fish or aquatic life must state: (a) the species of fish or aquatic life that may be imported; and (b) if the Director has required a certificate under regulation 26(1A): (i) the disease status of the fish or aquatic life, as evidenced by the certificate; and (ii) the approved treatment, prior to import, of the fish or aquatic life; and (c) the permitted method of treatment and disposal of water used in the importation of the fish or aquatic life; and (d) if the Director thinks fit, details enabling the identification of the particular stock of fish or aquatic life and the facility from which export of fish or aquatic life is to occur; and (e) the permitted method of transport; and (f) the period during which the permit is valid. Note for regulation 28 Section 14(3) of the Act requires the permit to state any conditions imposed by the Director under section 14(1) of the Act. Division 3A Priority species 28AA Fish of priority species For section 40B of the Act, Schedule 8 specifies the prescribed fish of a priority species and their prescribed commercial quantity. Division 4 Reporting 28A Sighting of noxious species A person who sees a fish or aquatic life that the person knows or suspects to be a noxious species must, as soon as practicable: (a) report the sighting to the Director; and -- 41 of 240 -- Part 4 Possession and use of fishing gear Fisheries Regulations 1992 26 (b) provide any other information about the sighting required by the Director. Part 4 Possession and use of fishing gear 29 Possession of fishing gear while taking fish for sale A person taking fish for sale must not have possession of fishing gear other than: (a) fishing gear permitted by or under the Act for use by the person when taking fish for sale; or (b) an item ancillary to the use of that gear. 30 Gill net A person shall not have possession of or use a gill net unless the person does so under and in accordance with a licence, permit or authority granted or given by or under the Act. 31 Abandoned or unattended gear (1) A person must not abandon a net, fish-trap, fixed fish-trap, line or pot. (2) A person is taken not to have abandoned fishing gear that is left unattended if: (a) in the case of gear which may be used for the purposes of amateur fishing, it is left in a place where it is not capable or will not become capable of taking fish or aquatic life; or (b) in the case of gear which may be used only under a licence, it is secured at an approved location or, if it is net, in accordance with regulation 33. (3) Subregulation (1) does not apply to the holder of a Mud Crab Fishery licence who abandons a pot in water. 32 Float must be attached to fishing gear (1) Subregulation (2) applies to a person who is using any of the following fishing gear: (a) a drop line or demersal long-line, other than a line attached to a vessel; (b) a pot, other than a pot being used to fish for mud crabs; -- 42 of 240 -- Part 4 Possession and use of fishing gear Fisheries Regulations 1992 27 (c) a fish-trap; (d) an amateur drag net. Note for subregulation (1) See the Mud Crab Fishery Management Plan 2006 for requirements applicable to pots used to fish for mud crabs. (2) The person commits an offence if at any time while the fishing gear is in use: (a) a complying float is not attached to the gear; or (b) the float is not above water level. Maximum penalty: 40 penalty units. (3) Subregulation (4) applies to a person using a net, other than an amateur drag net, cast net or scoop net. (4) The person commits an offence if at any time while the net is in use: (a) a complying float is not attached to the middle of the headrope of the net; and (b) a complying float is not attached to each end of the headrope of the net. Maximum penalty: 40 penalty units. (5) In this regulation: complying float, for an item of fishing gear, means a float that: (a) if the gear is not being used under a licence – is at least 80 mm in diameter and length; and (b) is marked legibly and indelibly with the following information, in a way that allows the information to be easily read when the gear is in use: (i) if the gear is being used under a licence – the licence number in Arabic numerals and no other numbers; (ii) otherwise – the first and last name of the person using the gear. Example for paragraph (b) The information may be marked by incising the float or by painting it with waterproof paint. -- 43 of 240 -- Part 4 Possession and use of fishing gear Fisheries Regulations 1992 28 33 Storage and disposal of net (1) A person licensed to use net may transport net to and from places where it may lawfully be used or kept and must, when the net is not being used under the licence, keep it: (a) on a registered vessel used for the purposes of the licence; or (b) securely stored, without anchors attached, at an approved camp site; or (c) secured at an approved location; or (d) secured at the licensee's permanent residence. (2) A person must, within 6 months after ceasing to hold a licence permitting possession of a bait net, a coastal net, a gill net, a restricted bait net or a pelagic net, satisfy the Director as to: (a) its disposal to a person licensed to have possession of such net; or (b) its destruction. 34 Amateur drag net A person permitted to use an amateur drag net must not: (a) haul the net except by hand; (b) stake or otherwise fix the net; (c) use the net otherwise than seaward of the coastline; or (d) use the net, while catch is being cleared, except in water. 35 Bait net A person licensed to use a bait net shall not use the net if: (a) the total length of bait net used by the person is longer than 300 m, excluding the length of any attached haul lines; or (b) the net is, while catch is being cleared, in less than 30 cm of water. 36 Cast net (1) A person permitted to use a cast net shall not use the net unless it is attended at all times when in use. -- 44 of 240 -- Part 4 Possession and use of fishing gear Fisheries Regulations 1992 29 (2) A person permitted to use a cast net shall not use the net otherwise than by casting, throwing or dropping it. 37 Coastal net (1) A person licensed to use a coastal net shall not use the net if the total length of net used by the person is longer than 300 m, excluding the length of any attached haul lines. (2) A person permitted to use a coastal net shall not use the net unless it is attended at all times when in use. 38 Drop line A person permitted to use a drop line shall not use it unless a weight is attached to the line and the line does not extend from a vessel under way and making way. 38A Fish-trap A person must not use a fish-trap that is attached in any way to another fish-trap to take fish. Maximum penalty: 170 penalty units. 39 Pots A person must not use a pot other than a complying freshwater pot or dilly pot to fish for freshwater crustaceans. Maximum penalty: 40 penalty units. Note for regulation 39 See the Mud Crab Fishery Management Plan 2006 for pots that can be used to fish for mud crabs. 40 Pelagic net (1) A person licensed to use a pelagic net shall not use the net unless: (a) it is set in such a way that no part of the net is on or within 2 m of the sea bed; and (b) not more than a total of 2 km of pelagic net is used at any one time. (2) A person licensed to use a pelagic net must not have on a vessel used under the licence more than a total of 2 km of pelagic net that is fitted with floats, lead ropes, lead lines, lead weights or anchors. -- 45 of 240 -- Part 4 Possession and use of fishing gear Fisheries Regulations 1992 30 41 Restricted bait net A person licensed to use a restricted bait net must not do any of the following: (a) use the net if the total length of the net is longer than 100 m, excluding the length of any attached haul lines; (b) haul the net other than by hand; (c) stake or otherwise fix the net at more than one end; (d) use the net other than seaward of the coastline from high water mark to an imaginary line, following the coastline, 3 nautical miles from the low water mark; (e) use the net, while catch is being cleared, in less than 30 cm of water; (f) use the net in the Mary River Fish Management Zone; (g) use bait taken with the net other than as bait for the purposes of the licence under which the net is used. 42 Scoop net A person permitted to use a scoop net shall not use the net other than by hand. 43 Spear-gun (1) A person using any kind of underwater breathing apparatus must not have possession of a spear-gun. Maximum penalty: 170 penalty units. (2) A person must not have possession of a loaded spear-gun: (a) other than in the open sea; or (b) where the person is within 150 m of another person who is not part of his or her group. Maximum penalty: 170 penalty units. 44 Trammel net A person shall not use or have possession of a trammel net unless authorised to do so by the Director. -- 46 of 240 -- Part 5 Amateur fishing Division 1 Restrictions relating to fishing gear Fisheries Regulations 1992 31 45 Vertical line A person permitted to use vertical line shall not use it from a vessel under way and making way. Part 5 Amateur fishing Notes for Part 5 1 In some places, amateur fishing may be prohibited or regulated by other laws in force in the Territory. For example: (a) amateur fishing is prohibited in the Doctors Gully Aquatic Life Reserve – see the Doctors Gully Aquatic Life Reserve Management Plan 1993; and (b) additional restrictions apply to amateur fishing in the East Point Aquatic Life Reserve – see the East Point Aquatic Life Reserve Management Plan 1993. 2 For additional restrictions that apply to amateur fishing for barramundi, Spanish mackerel and mud crabs, see the Barramundi Fishery Management Plan 1998, Spanish Mackerel Fishery Management Plan 2004 and Mud Crab Fishery Management Plan 2006. Division 1 Restrictions relating to fishing gear 46 Amateur fishing gear (1) A person engaged in amateur fishing must not use or have possession of fishing gear other than the following items or an item ancillary to the use of the gear: (a) vertical line, as hand line or rod and reel; (b) float line; (c) troll line; (d) complying freshwater pot; (e) complying marine pot; (f) dilly pot; (g) amateur drag net (h) cast net; (i) scoop net; (j) bow and arrow other than crossbow; (ja) spear-gun; -- 47 of 240 -- Part 5 Amateur fishing Division 1 Restrictions relating to fishing gear Fisheries Regulations 1992 32 (k) gaff (including hand-held hook); (l) hand spear; (m) knife. Maximum penalty: 40 penalty units. (2) A person must not engage in amateur fishing on a registered vessel, other than a vessel registered for the purposes of a Fishing Tour Operator licence or an Aboriginal Coastal licence. Maximum penalty: 40 penalty units. (3) A person engaged in amateur fishing must not take fish when using underwater breathing apparatus. Maximum penalty: 40 penalty units. 46AAA Limit on number of pots in use (1) A person must not use more than 5 pots when engaging in amateur fishing for freshwater crustaceans outside the Daly River Fish Management Zone. Maximum penalty: 40 penalty units. (2) A person must not use more than 3 pots when engaging in amateur fishing for freshwater crustaceans in the Daly River Fish Management Zone. Maximum penalty: 40 penalty units. Note for regulation 46AAA See the Mud Crab Fishery Management Plan 2006 for the number of pots that may be used by a person engaged in amateur fishing for mud crabs. 46AAB Limit on number of pots in possession (1) A person who is outside the Daly River Fish Management Zone commits an offence if at any time the person has possession of: (a) a total of more than 10 regulated pots; or (b) more than 5 complying freshwater pots; or (c) more than 5 complying marine pots. Maximum penalty: 40 penalty units. -- 48 of 240 -- Part 5 Amateur fishing Division 1 Restrictions relating to fishing gear Fisheries Regulations 1992 33 (2) A person who is in the Daly River Fish Management Zone commits an offence if at any time the person has possession of: (a) a total of more than 8 regulated pots; or (b) more than 3 complying freshwater pots; or (c) more than 5 complying marine pots. Maximum penalty: 40 penalty units. (3) Subregulations (1) and (2) do not apply to a person who is on a vessel if there are one or more other persons on the vessel. (4) It is a defence to a charge of an offence against subregulation (1) or (2) if the defendant proves: (a) any excess pots were at the defendant's place of permanent residence; or (b) the defendant was permitted to have possession of any excess pots under a licence. 46AAC Vessel limit for pots (1) This regulation applies to a vessel, other than a registered vessel, on which there are 2 or more people. (2) Each person on the vessel commits an offence if: (a) the vessel is outside the Daly River Fish Management Zone; and (b) any of the following apply: (i) there are a total of more than 20 regulated pots on the vessel; (ii) there are more than 10 complying freshwater pots on the vessel; (iii) there are more than 10 complying marine pots on the vessel. Maximum penalty: 40 penalty units. (3) Each person on the vessel commits an offence if: (a) the vessel is in the Daly River Fish Management Zone; and -- 49 of 240 -- Part 5 Amateur fishing Division 2 Possession, size and certain vessel limits for amateur fishing Subdivision 1 Definitions Fisheries Regulations 1992 34 (b) any of the following apply: (i) there are a total of more than 16 regulated pots on the vessel; (ii) there are more than 6 complying freshwater pots on the vessel; (iii) there are more than 10 complying marine pots on the vessel. Maximum penalty: 40 penalty units. Division 2 Possession, size and certain vessel limits for amateur fishing Subdivision 1 Definitions 46AA Definitions In this Division: baitfish (Division 2) means any of the following: (a) fish of the family Mugilidae (commonly known as mullet); (b) fish of the family Hemiramphidae (commonly known as garfish); (c) fish of the family Sillaginidae (commonly known as whiting). crab does not include mud crab. pilchard means fish of the family Clupeidae or family Engraulidae (commonly known as pilchards, herring and sardines). red snapper (Division 2) means fish of the species Lutjanus malabaricus, Lutjanus erythropterus or Lutjanus bitaeniatus (commonly known as red snapper). saltwater prawn means a crustacean of the family Penaeidae (commonly known as a saltwater prawn). shark (Division 2) means fish of the Class Chondricthyes but does not include ray, skate or chimaera. tarpon means fish of the species Megalops cyprinoides (commonly known as Indo-Pacific tarpon). -- 50 of 240 -- Part 5 Amateur fishing Division 2 Possession, size and certain vessel limits for amateur fishing Subdivision 2 Various possession limits for amateur fishing Fisheries Regulations 1992 35 Subdivision 2 Various possession limits for amateur fishing 46AB Amateur possession limits – specified fish (1) A person must not have possession of more than the permitted number of specified fish. Maximum penalty: (a) for less than 3 times the permitted number – 8 penalty units; or (b) for 3 times the permitted number or more – 85 penalty units. (2) In this regulation: permitted number, of specified fish, means the number specified in the table below opposite the specified fish. specified fish means fish specified in the table below. Item Specified fish Permitted number 1 baitfish (Division 2) 50 2 billfish 1 3 black jewfish 2 4 bream 15 5 cephalopods 30 6 cod 5 7 crabs 30 8 golden snapper 3 9 king threadfin 3 10 mangrove jack 3 11 pilchards 100 12 red snapper (Division 2) 10 13 sharks (Division 2) 3 -- 51 of 240 -- Part 5 Amateur fishing Division 2 Possession, size and certain vessel limits for amateur fishing Subdivision 3 Various size limits for amateur fishing Fisheries Regulations 1992 36 Item Specified fish Permitted number 14 tarpon 30 Note for regulation 46AB Certain species of shark must not be taken – see regulation 9(1)(b) and (c). 46AC Amateur possession limit – regulated molluscs and saltwater prawns A person must not have possession of more than 10 L (the permitted amount) of regulated molluscs or saltwater prawns. Maximum penalty: (a) for less than 3 times the permitted amount – 8 penalty units; or (b) for 3 times the permitted amount or more – 85 penalty units. Notes for regulation 46AC 1 Giant clams must not be taken – see regulation 9(1)(d). 2 Regulated molluscs must be kept in their shells except in specified circumstances – see regulation 46BA. Subdivision 3 Various size limits for amateur fishing 46AD Amateur possession limit – maximum size for king threadfin in Fish Management Zone (1) A person must not have possession in a Fish Management Zone of a king threadfin that has a fork length greater than 90 cm. Maximum penalty: 40 penalty units. (2) It is a defence to a charge of an offence against subregulation (1) if the defendant proves that: (a) the king threadfin was taken by a person fishing from a vessel in a Fish Management Zone; and (b) an offence against regulation 46BAD was not committed in respect of the king threadfin. (3) Subregulation (2) does not limit regulation 46AF. (4) In this regulation: vessel, see regulation 46BAA. -- 52 of 240 -- Part 5 Amateur fishing Division 2 Possession, size and certain vessel limits for amateur fishing Subdivision 5 Other possession and certain vessel limits for amateur fishing Fisheries Regulations 1992 37 46AE Amateur possession limit – minimum size for mangrove jack (1) A person must not have possession of a mangrove jack that has a total length of less than 35 cm. Maximum penalty: 40 penalty units. (2) In this regulation: total length, of a mangrove jack, means the length of the mangrove jack measured from the tip of the snout to the tip of the longest part or segment of the tail fin while the fish is lying flat on a measuring tape or measuring device. Subdivision 4 General defence for Subdivisions 2 and 3 46AF General defence for Subdivisions 2 and 3 It is a defence to a charge of an offence against Subdivision 2 or 3 if the defendant proves that the fish that are the subject of the charge were: (a) taken under a licence or permit; or (b) at the defendant's place of permanent residence. Subdivision 5 Other possession and certain vessel limits for amateur fishing 46AG Amateur possession limit – freshwater prawns and freshwater crustaceans (1) A person must not have possession, in the Daly River Fish Management Zone, of more than: (a) 10 freshwater prawns; or (b) 30 freshwater crustaceans. Maximum penalty: (a) for possession of 11 to 29 freshwater prawns or 31 to 89 freshwater crustaceans – 8 penalty units; or (b) for possession of more than 29 freshwater prawns or 89 freshwater crustaceans – 85 penalty units. -- 53 of 240 -- Part 5 Amateur fishing Division 2 Possession, size and certain vessel limits for amateur fishing Subdivision 5 Other possession and certain vessel limits for amateur fishing Fisheries Regulations 1992 38 (2) A person must not have possession, in any other place, of more than 30 freshwater crustaceans. Maximum penalty: (a) for possession of 31 to 89 freshwater crustaceans – 8 penalty units; or (b) for possession of more than 89 freshwater crustaceans – 85 penalty units. (2A) Subregulations (1) and (2) do not apply to a person who is on a vessel if there are one or more other persons on the vessel. (3) It is a defence to a charge of an offence against subregulation (1) or (2) if the defendant proves that the freshwater prawns or freshwater crustaceans: (a) were taken under a licence or permit; or (b) were at the defendant's place of permanent residence. (4) Subregulations (4A) and (4B) apply to a vessel, other than a registered vessel, on which there are 2 or more people. (4A) Each person on the vessel commits an offence if: (a) the vessel is in the Daly River Fish Management Zone; and (b) more than the following number (the permitted number) of freshwater prawns are on the vessel: (i) if there are only 2 people on the vessel – 20 freshwater prawns; (ii) if there are 3 or more people on the vessel – 30 freshwater prawns. Maximum penalty: (a) for less than 3 times the permitted number – 8 penalty units; or (b) for 3 times the permitted number or more – 85 penalty units. (4B) Each person on the vessel commits an offence if: (a) the vessel is in the Daly River Fish Management Zone; and -- 54 of 240 -- Part 5 Amateur fishing Division 2 Possession, size and certain vessel limits for amateur fishing Subdivision 5 Other possession and certain vessel limits for amateur fishing Fisheries Regulations 1992 39 (b) more than the following number (the permitted number) of freshwater crustaceans are on the vessel: (i) if there are only 2 people on the vessel – 60 freshwater crustaceans; (ii) if there are 3 or more people on the vessel – 90 freshwater crustaceans. Maximum penalty: (a) for less than 3 times the permitted number – 8 penalty units; or (b) for 3 times the permitted number or more – 85 penalty units. (5) Unless permitted to do so under a licence, a person must not take, or have possession of, a female freshwater crustacean bearing eggs or live young. Maximum penalty: 8 penalty units. 46A Amateur possession limit – tropical rock lobster (1) Subject to subregulation (3), a person must not have possession of more than 5 rock lobsters (the permitted number) other than at the person's permanent residence. Maximum penalty: (a) for less than 3 times the permitted number – 8 penalty units; or (b) for 3 times the permitted number or more – 85 penalty units. (2) In determining the number of rock lobsters in a person's possession for subregulation (1), a rock lobster lawfully acquired from a licensee and for which the person has a receipt or other proof of acquisition must be disregarded. (3) A person who has possession of more than 5 rock lobsters does not commit an offence against subregulation (1) if the person: (a) establishes he or she is a member of a fishing party; and (b) no member of the party would be in contravention of subregulation (1) if the rock lobsters were apportioned as equally as possible among the members of the party who are present or able to be assembled in a short period of time. -- 55 of 240 -- Part 5 Amateur fishing Division 2 Possession, size and certain vessel limits for amateur fishing Subdivision 5 Other possession and certain vessel limits for amateur fishing Fisheries Regulations 1992 40 (4) If: (a) the members of a fishing party have possession of more than 5 rock lobsters; and (b) each person who is a member of the party would have possession of more than 5 rock lobsters in contravention of subregulation (1) if the rock lobsters in their possession were apportioned as equally as possible among the members of the party; and (c) it is not readily ascertainable which person has possession of the rock lobsters, each of the persons is, for subregulation (1), taken to have possession of all the rock lobsters. (5) If: (a) there are more than 3 persons in or on a vessel; and (b) there are more than 15 rock lobsters in or on the vessel, each of the persons is, for subregulation (1), taken to have possession of all the rock lobsters. (6) In determining the number of rock lobsters in or on a vessel for subregulation (5)(b), a rock lobster lawfully acquired from a licensee and for which a person on the vessel has a receipt or other proof of acquisition must be disregarded. (7) In this regulation: licensee means the holder of a Fishery licence permitted to take rock lobsters, Fish Trader/Processor licence, Fish Retailer licence or Aquaculture licence. rock lobster means a crustacean of the species Panulirus (commonly known as a tropical rock lobster). 46B Amateur possession limits – general (1) In this regulation: fish does not include the following: (a) crustaceans; (b) echinoderms; (c) molluscs; -- 56 of 240 -- Part 5 Amateur fishing Division 2 Possession, size and certain vessel limits for amateur fishing Subdivision 5 Other possession and certain vessel limits for amateur fishing Fisheries Regulations 1992 41 (d) baitfish; (e) bream; (ea) tarpon; (f) other fish prescribed for this paragraph. trunked fish means a fish from which the head or tail or both are removed and includes such a fish from which all or part of the internal organs are removed. (2) The Minister may, by Gazette notice, prescribe a fish for paragraph (f) of the definition fish in subregulation (1). (2A) A person must not have possession of more than 5 fish (the permitted number) of any single species. Maximum penalty: (a) for less than 3 times the permitted number – 8 penalty units; or (b) for 3 times the permitted number or more – 85 penalty units. (2B) Subregulation (2A) does not apply to fish if the possession of a specified number of those fish is limited, in relation to amateur fishing, by another provision of these regulations (other than subregulation (3)) or otherwise under the Act. (3) Without limiting subregulation (2A), a person must not have possession of more than 15 fish (the permitted number). Maximum penalty: (a) for less than 3 times the permitted number – 8 penalty units; or (b) for 3 times the permitted number or more – 85 penalty units. Note for subregulations (2A), (2B) and (3) This Division, the Barramundi Fishery Management Plan 1998 and Spanish Mackerel Fishery Management Plan 2004 contain separate limits for particular species of fish. (4) For subregulations (2A) and (3), a piece of fish, other than a fillet, is to be counted as one fish, unless the defendant establishes that 2 or more pieces of a fish were obtained from one fish only. (5) For subregulations (2A) and (3), 2 fillets together comprise only one fish. -- 57 of 240 -- Part 5 Amateur fishing Division 2 Possession, size and certain vessel limits for amateur fishing Subdivision 5 Other possession and certain vessel limits for amateur fishing Fisheries Regulations 1992 42 (6) A person must not have possession of a trunked fish or a fillet unless the skin is retained on it. Maximum penalty: 8 penalty units. (7) It is a defence to a charge of an offence against subregulation (6) if the defendant proves that the fish was processed for immediate consumption by the defendant or another person in the company of the defendant. (8) It is a defence to a charge of an offence against subregulation (2A), (3) or (6) if the defendant proves that: (a) the fish were taken under a licence or permit entitling the person to take the fish; or (b) the fish were at his or her place of permanent residence; or (c) the fish were obtained from licensee, or the holder of a permit, permitted to sell the fish; or (d) the fish were purchased from a retail or wholesale outlet; or (e) the fish were processed fish imported into the Territory packaged for sale to a final consumer and marked with the State or Territory from which the fish were imported or, where the fish were imported from a country other than Australia, the country from which they were imported. (9) Where a person is not alone and it is not readily ascertainable who has possession of the fish, subregulations (2A) and (3) apply to each person as though each person has possession of all the fish. (10) Notwithstanding subregulation (9), where a person establishes that: (a) he or she is a member of a fishing party; and (b) the fish will be shared equally amongst the members of the fishing party; and (c) if the sharing was to take place amongst those persons in the party who are present, no person in the party would be guilty by reason of this subregulation or otherwise of contravening this regulation; then each person is deemed to have possession of his or her equal share only of the fish. -- 58 of 240 -- Part 5 Amateur fishing Division 3 Vessel possession limits for amateur fishing Fisheries Regulations 1992 43 Division 3 Vessel possession limits for amateur fishing 46BAA Definitions In this Division: coral trout means fish of the genus Plectropomus (commonly known as coral trout). red emperor means fish of the species Lutjanus sebae (commonly known as red emperor). Russell's snapper means fish of the species Lutjanus russelli (commonly known as Russell's snapper). stripey snapper means fish of the species Lutjanus carponotatus (commonly known as stripey snapper). tricky snapper means fish of the species Lethrinus laticaudis (commonly known as tricky snapper). tuskfish means fish of the genus Choerodon (commonly known as tuskfish). vessel means: (a) subject to paragraph (b), a vessel other than a registered vessel; or (b) a vessel registered for a Fishing Tour Operator licence. 46BAB Relationship with Division 2 This Division has effect despite Division 2. 46BAC Vessel possession limits – specified fish (1) This regulation applies to a vessel on which there are 5 or more people. (2) Each person on the vessel commits an offence if more than the permitted number of specified fish are on the vessel. Maximum penalty: (a) for less than 3 times the permitted number – 8 penalty units; or (b) for 3 times the permitted number or more – 85 penalty units. -- 59 of 240 -- Part 5 Amateur fishing Division 3 Vessel possession limits for amateur fishing Fisheries Regulations 1992 44 (3) In this regulation: permitted number, of specified fish on a vessel, means: (a) if there are 5, 6 or 7 people on the vessel – the number specified in the second column of the table below opposite the specified fish; or (b) if there are 8 or more people on the vessel – the number specified in the third column of the table below opposite the specified fish. specified fish means fish specified in the first column of the table below. Specified fish Permitted number for vessel with 5 to 7 people Permitted number for vessel with 8 or more people black jewfish 8 16 cod 20 40 coral trout 20 40 golden snapper 12 24 mangrove jack 12 24 red emperor 20 40 Russell's snapper 20 40 stripey snapper 20 40 tricky snapper 20 40 tuskfish 20 40 46BAD Vessel possession limit – king threadfin in Fish Management Zone Each person on a vessel in a Fish Management Zone commits an offence if there is more than one king threadfin on the vessel that has a fork length greater than 90 cm. Maximum penalty: 40 penalty units. -- 60 of 240 -- Part 5 Amateur fishing Division 4 Other requirements relating to amateur fishing Fisheries Regulations 1992 45 Division 4 Other requirements relating to amateur fishing 46BA Molluscs generally to be retained in shell in the field (1) A person must not have possession of a regulated mollusc that is not within its shell. Maximum penalty: 85 penalty units. (3) It is a defence to a charge of an offence against subregulation (1) if the defendant proves the regulated mollusc was: (a) taken under a licence; or (b) being prepared for immediate consumption; or (c) at the defendant's place of permanent residence. 46C Certain fillets to be kept separate (1) A person commits an offence if: (a) the person has possession of a container or bag that contains any frozen fillets from different species of fish; and (b) the fillets from each species of fish are not separated by packaging from the fillets from each other species. Maximum penalty: 8 penalty units. (3) It is a defence to a charge of an offence against subregulation (1) if the defendant proves the fish were: (a) at the defendant's place of permanent residence; or (b) taken under a licence or permit; or (c) obtained from a licensee, or the holder of a permit, permitted to sell the fish; or (d) purchased from a retail or wholesale outlet. 46D Amateur possession limits – swim bladders (1) A person must not, at any place other than the person's permanent residence, have possession of a swim bladder that is detached from a fish. Maximum penalty: 40 penalty units. -- 61 of 240 -- Part 6 Licensing generally Division 1 Licensing Fisheries Regulations 1992 46 (2) A person must not, at the person's permanent residence, have possession of more than 2 swim bladders that are detached from fish. Maximum penalty: 40 penalty units. (3) It is a defence to a charge of an offence against subregulation (1) if the defendant proves that the swim bladder was for immediate consumption by the defendant or a person in the company of the defendant. (4) It is a defence to a charge of an offence against subregulation (1) or (2) if the defendant proves that: (a) the possession was temporary while the defendant was processing the fish; or (b) the swim bladder was taken under a licence or permit entitling the person to its possession; or (c) the swim bladder was obtained from a licensee, or the holder of a permit, permitted to sell the swim bladder; or (d) the swim bladder was purchased from a retail or wholesale outlet; or (e) the swim bladder was imported into the Territory, packaged for sale to a final consumer and marked with the State, Territory or country from which the swim bladder was imported. (5) This regulation applies despite any other provision in a regulation or fishery management plan. Part 6 Licensing generally Division 1 Licensing 48 Time for application for renewal A licensee may apply for renewal of his or her licence not earlier than 6 weeks before the expiration of the licence. -- 62 of 240 -- Part 6 Licensing generally Division 2 Vessels Fisheries Regulations 1992 47 49 Replacement licence or certificate Where a licence or certificate of vessel registration is lost or destroyed the licensee may apply to the Director on the approved form, accompanied by: (a) a signed statutory declaration declaring that the licence or certificate of vessel registration for which a replacement is sought has been lost or destroyed; and (b) the fee prescribed under regulation 206; for the issue of a replacement licence or another certificate of registration under the Act. 52 Taking fish for sale prohibited in Kakadu National Park A person shall not take, for sale, fish in the area known as Kakadu National Park, being the area declared by an instrument dated 5 April 1979 and published on the same day in Commonwealth Gazette No. S61 at page 397, as amended by an instrument dated 19 December 1985 and published in Commonwealth Gazette No. S52 on 20 December 1985 at page 1. Division 2 Vessels 53 Nomination of mother boat (1) A licensee must ensure that one vessel to be used by the licensee under a licence is, when registration of that vessel is sought under section 18 of the Act, nominated as the mother boat in respect of the licence. (2) A vessel cannot be nominated as the mother boat for an ONLF licence, Demersal Fishery licence or Timor Reef Fishery licence unless it is fitted with a vessel monitoring system approved in writing by the Joint Authority. 54 Marking of vessel (1) A licensee shall cause a vessel registered in respect of his or her licence, other than a vessel referred to in subregulation (2), to be marked in the following manner: (a) the registration number shall be painted, on a yellow background in black arabic numerals of the size and height listed in the Table to this regulation, on both sides of the bow of the vessel as high as practicable above the waterline, and, where a vessel has a wheelhouse or foredeck, on top of the wheelhouse or foredeck, so as to enable the unobscured view -- 63 of 240 -- Part 6 Licensing generally Division 2 Vessels Fisheries Regulations 1992 48 of the number from the sea and the air; and (b) if the vessel has a superstructure or deck, the registration number shall be painted on a yellow background in lettering of a size enabling recognition, without the aid of optical equipment, on a horizontal plane from a distance of 250 m. (2) Where a vessel has an international radio call-sign, the licensee shall cause the call sign number to be painted on the vessel in black on a white background, or white on a black background, in numbers of the size and height listed in the Table to this regulation. (3) A person shall not make or retain on a vessel a marking which impedes the accurate recognition of the correct registration number or call sign number. TABLE SIZE OF REGISTRATION MARKS Column 1 Column 2 Length of vessel Specification of marks Vertical height (metres) Width (metres) Stoke width (metres) Distance between figures (metres) Not less than 20 m 0.8 0.4 0.13 0.12 More than 15 m but less than 20 m 0.6 0.3 0.1 0.15 More than 12 m but less than 15 m 0.4 0.2 0.06 0.1 More than 5 m but less than 12 m 0.3 0.15 0.05 0.05 Less than 5 m 0.1 0.05 0.01 0.02 55 Marks to be removed from vessel which ceases to be registered (1) A person who ceases to hold a licence: (a) shall, within 6 months after the day he or she ceased to hold the licence, remove from all vessels used for the purposes of the licence the marks indicating the registration number; and (b) shall not use the vessel in water while the vessel is marked with a registration number. -- 64 of 240 -- Part 6 Licensing generally Division 2 Vessels Fisheries Regulations 1992 49 (2) A person shall not sell, lease or otherwise dispose of an unregistered vessel which is marked with a registration number, other than to a licensee. (3) A person other than a licensee shall not purchase or lease an unregistered vessel marked with a registration number or use such a vessel in water whilst it is so marked. 56 Vessels used for commercial fishing and fishing tour operations (1) Where it is intended that a vessel be used alternatively for the purposes of a commercial fishing licence and a Fishing Tour Operator licence, the licensee shall, on his or her application for each licence, note the predominant use to be made of the vessel. (2) Where a vessel referred to in subregulation (1) is to be used for a purpose other than the predominant use of the vessel the licensee shall, before engaging in the use of the vessel for that purpose: (a) advise the Director in writing of that purpose and of the period during which the vessel will be used for that purpose, and make a note contemporaneously of that information in the licensee's record book; and (b) unload all fish from the vessel. (3) Where a vessel referred to in subregulation (1) has ceased, including temporarily ceased, to be used for a purpose other than the predominant use of the vessel, the licensee shall: (a) advise the Director in writing that the licensee has ceased to use the vessel for a purpose other than its predominant use and shall make a note contemporaneously of that information in the licensee's record book; and (b) unload all fish from the vessel. 57 Registration fees where more than one licence Where a vessel is to be used for the purposes of more than one licence, a registration fee shall be payable only in respect of one licence. -- 65 of 240 -- Part 6 Licensing generally Division 3 Processing, sale and handling of fish Fisheries Regulations 1992 50 Division 3 Processing, sale and handling of fish 58 Sale and processing of fish For section 10(1)(f) of the Act, the following things are able to be done only under a licence: (a) the purchase of fish or aquatic life for processing and resale; (b) the possession for sale of processed fish or aquatic life. 59 No processing for sale etc. without licence (1) The holder of: (a) a commercial fishing licence; or (b) an Aquaculture licence; or (ba) a Pearl Oyster Culture Industry licence; or (c) a Fish Trader/Processor licence; or (d) a Fish Retailer licence; or (e) an Aboriginal Coastal licence; may process fish or aquatic life for sale, sell fish or aquatic life so processed and sell fish or aquatic life under and in accordance with the Act and these Regulations. (3) A person must not sell fish or aquatic life obtained from a Bait Net Fishery licensee unless it is labelled with the expression "not for human consumption". (4) An assistant must not transport fish for sale or sell fish except where the licensee which he or she assists has advised the Director in writing that the assistant is permitted to do so. 60 Processing surfaces etc. (1) Surfaces used for the processing of fish or aquatic life, walls abutting a work surface and adjacent floor, deck and wall surfaces must be: (a) constructed of smooth light-coloured material that is easily cleaned and free from cracks; and (b) resistant to wear and corrosion and impervious to water. -- 66 of 240 -- Part 6 Licensing generally Division 3 Processing, sale and handling of fish Fisheries Regulations 1992 51 (2) Areas where fish or aquatic life are processed, packed, stored or frozen for sale must be kept in a clean and hygienic condition free from contamination. (3) It is a condition of the registration of a vessel to be used for the purposes of a commercial fishing licence that the licensee must maintain the vessel in accordance with this regulation. 61 Packaging of fish (1) A person shall not pack fish or aquatic life processed under a licence or a permit other than in a plastic wrapping permitted for use with food under the Food Standards Code and of sufficient thickness or quality to be reasonably proof against accidental tearing. (2) A person processing fish under a licence or a permit shall not freeze fillets of fish otherwise than in a regularly shaped block of which the least dimension does not exceed 80 mm. 62 Labelling of fish (1) The holder of a licence must ensure that a label or tag is placed on a fish processed for sale under the licence, or, where processed fish or aquatic life is packaged for sale under the licence, placed on or inside that package, containing particulars, clearly printed in letters of uniform size, including: (a) the number of the person's licence; and (b) the accepted common name of the contents; and (c) in the case of fish, other than fish processed to become a trunk, a description of the type of fish and the method used to process and preserve it. (2) Where a fish has been processed for sale to become a trunk and the trunk is not in a package, a tag must be attached to that trunk displaying the number of the licence under which the fish was processed and a description by the accepted common name of the type of the fish. (3) Subregulations (1) and (2) do not apply to the sale of fish or aquatic life as a prepared meal. (4) A Bait Net Fishery licensee must label all fish or aquatic life in his or her possession, other than fish or aquatic life to be used by the licensee as bait for the purposes of amateur fishing by the licensee, with the words "not for human consumption". -- 67 of 240 -- Part 6 Licensing generally Division 3 Processing, sale and handling of fish Fisheries Regulations 1992 52 (5) A licensee must not affix a label or tape over another label or tape. 63 Incorrect description Where fish or aquatic life is in a package or fish is labelled or tagged and: (a) the package, label or tag attached to it bears a statement, word, brand, mark, design or device regarding the contents that is false or misleading in a material particular; or (b) the package, label or tag is marked so as to mislead or deceive, or is likely to mislead or deceive, a purchaser; or (c) the package or fish labelled or tagged is sold under a name that conveys or is likely to convey a false indication of the type or species of the contents, or to lead a purchaser to suppose that it is fish other than that which it is; or (d) the package, label or tag is not marked in accordance with this Part; the holder of the licence under which the label or tag was affixed is guilty of an offence. 64 Freezing (1) The licensee shall ensure that a freezer in a registered vessel or at a camp site used for freezing and storing fish shall, when being used for those purposes, be maintained at -18°C or below. (2) A compartment of a freezer referred to in subregulation (1) shall be fitted with a thermometer mounted externally to indicate the internal temperature of the freezing compartment. (3) A thermometer referred to in subregulation (2) shall be capable of accurate measurement and shall be clearly marked with 1.0°C graduations. (4) It is a condition of the registration of a vessel to be used for the purposes of a licence that the licensee shall maintain the vessel in accordance with this regulation. 65 Transport of frozen fish A licensee shall not transport frozen fish other than in hygienic, insulated compartments or containers and shall ensure that they remain at -18°C or below while being transported. -- 68 of 240 -- Part 7 Commercial fishing licences Division 1 Licensing Fisheries Regulations 1992 53 66 Fish processing in Frances Bay Mooring Basin A person who processes fish within the area known as the Frances Bay Mooring Basin in Darwin shall not take or release water from or into that body of water for a purpose related to the processing of fish or aquatic life. Part 7 Commercial fishing licences Division 1 Licensing 67 Definition In this Part, licensee means the holder of a commercial fishing licence. 68 Criteria for grant or renewal of licence (1) An applicant for the grant or renewal of a commercial fishing licence must have attained the age of 18 years. (2) The matters to which the Director may have regard in considering an application for the grant or renewal of a commercial fishing licence include: (a) whether the applicant is able to demonstrate sufficient experience and skills to safely and effectively maintain commercial operations in the fishery for which the licence is sought; and (b) any relevant criminal history of the applicant; and (c) if the applicant has previously held a licence under this Act – whether the applicant has supplied all accounts, records, returns and information in the approved manner and form and within the time prescribed or specified by the Director. (3) The matters referred to in subregulation (2) are in addition to the criteria set out in the Division of Part 8 in respect of which the licence is sought. 69 Assistants (1) A licensee shall, before engaging in fishing under a licence, supply to the Director a written list of the names and dates of birth of persons who are, at the time of application, likely to be assistants of the licensee in the conduct of fishing operations during that year. -- 69 of 240 -- Part 7 Commercial fishing licences Division 2 General restrictions Fisheries Regulations 1992 54 (2) Where a person commences or ceases to be an assistant of the licensee after the provision of the list required under subregulation (1), the licensee shall immediately note that fact in the licencee's record book and within 7 days after the day the person commenced or ceased to be an assistant of the licensee, supply to the Director in writing the name and date of birth of the person and a statement as to whether the person commenced or ceased to be an assistant to the licensee. Division 2 General restrictions 70 Use of licensee's fishing gear by assistant An assistant shall not use fishing gear other than that permitted by the licence and shall not use that gear other than in accordance with the instructions of the licensee and under and in accordance with the Act. 71 Sale of fish (1) A licensee, other than an Aquarium Fishing/Display Fishery licensee, may sell fish to the following: (a) a commercial fishing licensee, other than an Aquarium Fishing/Display Fishery licensee; (b) a Fish Broker licensee; (c) a Fish Retailer licensee; (d) a Fish Trader/Processor licensee; (e) a person holding a licence under Part 10; (f) an interstate or overseas purchaser; (g) a member of the public not purchasing fish for resale. (2) An Aquarium Fishing/Display Fishery licensee may sell fish to the following: (a) an Aquaculture licensee; (aa) an Ornamental Aquaculture licensee; (b) an Aquarium Trader licensee; (c) a Public Aquarium licensee; (d) an interstate or overseas purchaser; -- 70 of 240 -- Part 7 Commercial fishing licences Division 2 General restrictions Fisheries Regulations 1992 55 (e) a member of the public not purchasing fish for resale. (3) A person who holds a permit granted under the Commonwealth Act or a licence granted under a law of a State or another Territory permitting the taking and sale of fish may sell in the Territory fish taken in accordance with the permit or licence. 72 No fishing for sale in vicinity of artificial reefs A licensee must not take fish under his or her licence or permit fishing under his or her licence or from a vessel used for the purposes of a licence, within a radius of: (a) 2 nautical miles from the Marchart 3, which is located at latitude 12 o10.6'S longitude 130 o40.6'E; or (b) one nautical mile from the East Point Darwin Sub-Aqua Club Barge, which is located at latitude 12 o24.8'S longitude 130 o48.1'E; or (c) half a nautical mile from the T & W reef, which is located at latitude 12 o18.9'S longitude 130 o53.2'E; or (d) one nautical mile from Song Saigon Complex, which is located at latitude 12 o28.6'S longitude 130 o47.9'E; or (e) half a nautical mile from Truck Tipper Reef, which is located at latitude 12°18.02'S longitude 130°50.39'E; or (f) half a nautical mile from Rick Mills Reef, which is located at latitude 12°18.45'S longitude 130°48.87'E; or (g) half a nautical mile from Crab Claw Island Jetty Reef, which is located at latitude 12°41.83'S longitude 130°37.32'E. 72A Prohibition or limit on taking tuna etc. as by-catch (1) During a voyage a licensee must not take, as by-catch, any of the tuna or tuna like species specified at item 1 in Schedule 5. (2) During a voyage a licensee may take, as by-catch: (a) no more than 2 in total of the tuna or tuna like species specified at item 2 in Schedule 5; and (b) no more than 10 in total of the tuna or tuna like species specified at item 3 in Schedule 5. -- 71 of 240 -- Part 8 Commercial fisheries Division 1 Coastal line fishery Subdivision 1 Preliminary matters Fisheries Regulations 1992 56 Part 8 Commercial fisheries Division 1 Coastal line fishery Subdivision 1 Preliminary matters 73 Definitions In this Division: CLF licence means a Coastal Line Fishery licence. CLF species means black jewfish or golden snapper. CLF Western Zone means that part of the fishery area specified in regulation 77 that is in the Western Zone. fishery unit, see regulation 78B. quota unit, see regulation 78E. register means the register maintained under section 9(1) of the Act in relation to the Coastal Line Fishery. total allowable catch, see regulation 78D. Western Zone means the waters: (a) from the high water mark at the border between the Territory and Western Australia to Vashon Head on Cobourg Peninsula at the point of latitude 11° 07.516' south, longitude 131° 59.650' east; and (b) extending seaward to the outer boundary of the Australian fishing zone. 74 Declaration of Coastal Line Fishery The industry of taking fish (other than barramundi, king threadfin, Spanish mackerel or mud crab) by the use of vertical line, drop line, cast net, scoop net and gaff, or fish-trap in the fishery area specified in regulation 77 is hereby declared to be the Coastal Line Fishery. 77 Area of fishery The Coastal Line Fishery area is the area extending seaward from the high water mark to an imaginary line following the coastline 15 nautical miles from the low water mark. -- 72 of 240 -- Part 8 Commercial fisheries Division 1 Coastal line fishery Subdivision 2 CLF licences and fishing gear Fisheries Regulations 1992 57 Subdivision 2 CLF licences and fishing gear 77A CLF licence The holder of a CLF licence may participate in the Coastal Line Fishery in accordance with this Division. 78 Fishing gear (1) A Coastal Line Fishery licensee must not, in the area extending seaward from the high water mark to an imaginary line following the coastline 2 nautical miles from the low water mark, use under the licence fishing gear other than: (a) a vertical line; and (b) a cast net; and (c) a scoop net and gaff. Maximum penalty: 170 penalty units. (2) Subject to subregulation (2A), a Coastal Line Fishery licensee must not, in the area extending seaward from an imaginary line following the coastline 2 nautical miles seaward from the low water mark to an imaginary line following the coastline 15 nautical miles from the low water mark, use under the licence fishing gear other than: (a) a vertical line; and (b) a drop line; and (c) a fish-trap; and (d) a scoop net and gaff; and (e) a cast net. Maximum penalty: 170 penalty units. (2A) A Coastal Line Fishery licensee must not use a fish-trap under the licence in the CLF Western Zone. Maximum penalty: 170 penalty units. (3) A Coastal Line Fishery licensee must not, under the licence, use a cast net to take fish or aquatic life unless the fish or aquatic life are to be used under the licence as bait. Maximum penalty: 170 penalty units. -- 73 of 240 -- Part 8 Commercial fisheries Division 1 Coastal line fishery Subdivision 3 Fishery units, total allowable catch and quota units in CLF Western Zone Fisheries Regulations 1992 58 (4) A Coastal Line Fishery licensee must not use more than 5 fish-traps under the licence. Maximum penalty: 170 penalty units. 78A Certain fish not to be taken A Coastal Line Fishery licensee must not take barramundi, king threadfin, Spanish mackerel or mud crab under the licence. Maximum penalty: 170 penalty units. Subdivision 3 Fishery units, total allowable catch and quota units in CLF Western Zone 78B Fishery units generally (1) A fishery unit is a unit that entitles the holder of the CLF licence to which the unit is attached to be allocated a share of the total allowable catch for the CLF species to which the unit relates. Note for subregulation (1) The share is calculated under regulation 78F. (2) A fishery unit does not expire. (3) A fishery unit may be transferred under Subdivision 5. (4) A fishery unit attached to a CLF licence that is cancelled is taken to be transferred to the Territory on the day of the cancellation. (5) A fishery unit attached to a CLF licence that expires and is not renewed within the period permitted under section 12(2) of the Act is taken to be transferred to the Territory on the day after the period ends. 78C Total number of fishery units In the CLF Western Zone there are a total of: (a) 145 000 fishery units for black jewfish; and (b) 4 500 fishery units for golden snapper. -- 74 of 240 -- Part 8 Commercial fisheries Division 1 Coastal line fishery Subdivision 3 Fishery units, total allowable catch and quota units in CLF Western Zone Fisheries Regulations 1992 59 78D Total allowable catch of black jewfish and golden snapper in CLF Western Zone The total amount of each CLF species that may be taken in a licensing year in the CLF Western Zone under all CLF licences (the total allowable catch) is: (a) 145 000 kg of black jewfish; and (b) 4 500 kg of golden snapper. 78E Quota units generally (1) A quota unit is a unit that, until it is used or expires, entitles the holder of the CLF licence to which the unit is attached to take 1 kg of the CLF species to which the quota unit relates from the CLF Western Zone in accordance with this Division. (2) A quota unit is used when the holder of the CLF licence to which the unit is attached uses the entitlement under the quota unit to take 1 kg of the CLF species to which the quota unit relates from the CLF Western Zone. (3) A quota unit expires on 30 June of the licensing year in which the unit was allocated. (4) A quota unit may be transferred under Subdivision 5. (5) The Director must, if satisfied the holder of a CLF licence has used one or more quota units attached to the licence, cancel the number of quota units attached to the licence that equals the number of units used. (6) A quota unit is taken to be cancelled if: (a) it expires; or (b) the CLF licence to which it is attached is cancelled. 78F Annual allocation of quota units (1) On 1 July in each licensing year, the Director must allocate the number of quota units mentioned in subregulation (3) to each CLF licence to which fishery units are attached. (2) If a CLF licence to which fishery units are attached is renewed after 1 July in a licensing year, on the date the licence is renewed, the Director must allocate the number of quota units mentioned in subregulation (3) to the licence. -- 75 of 240 -- Part 8 Commercial fisheries Division 1 Coastal line fishery Subdivision 4 Fishing in CLF Western Zone Fisheries Regulations 1992 60 (3) The number of quota units to be allocated for each CLF species is the number calculated in accordance with the following formula: A = L ÷ T x TAC where: A is the number of quota units for the relevant CLF species to be allocated to the CLF licence. L is the number of fishery units for the relevant CLF species attached to the CLF licence on the date of the allocation before any transfers of fishery units to or from the licence take effect. T is the total number of fishery units for the relevant CLF species as mentioned in regulation 78C. TAC is the total allowable catch for the relevant CLF species. (4) However, if the number of quota units to be allocated is not a multiple of 1, the number must be: (a) rounded to the nearest whole unit; or (b) if the number is a multiple of 0.5 – rounded up to the nearest whole unit. (5) If, under subregulation (1) or (2), the Director is required to allocate quota units to a CLF licence in relation to which any fees are due then, despite the subregulation: (a) the Director must not allocate quota units to the licence until the fees are paid; and (b) when the allocation is made, the number of quota units to be allocated must be calculated as if the allocation had been made on the date required under subregulation (2) or (3). Subdivision 4 Fishing in CLF Western Zone 78G Notice of intention to fish in CLF Western Zone (1) This regulation applies to the holder of a CLF licence who intends to take fish in the CLF Western Zone under the licence during a voyage. -- 76 of 240 -- Part 8 Commercial fisheries Division 1 Coastal line fishery Subdivision 4 Fishing in CLF Western Zone Fisheries Regulations 1992 61 (2) Between 1 and 12 hours before starting the voyage, the holder must notify the Director of the following: (a) the holder's intention to take fish in the CLF Western Zone under the licence during the voyage; (b) the time the voyage will start; (c) the estimated duration of the voyage; (d) the type of fishing gear the holder intends to use in the CLF Western Zone during the voyage; (e) the time the vessel is estimated to land at the end of the voyage; (f) the place the vessel will land; (g) any other information about the voyage required by the Director. Maximum penalty: 85 penalty units. (3) The notice may be given orally. 78H Quota units to be held at start of voyage to CLF Western Zone The holder of a CLF licence commits an offence if: (a) the holder takes fish in the CLF Western Zone under the licence during a voyage; and (b) at the start of the voyage the licence did not have attached to it: (i) quota units for black jewfish; and (ii) quota units for golden snapper. Maximum penalty: 170 penalty units. 78J No fish on vessel at start of voyage to CLF Western Zone (1) The holder of a CLF licence must ensure none of the following is on board a vessel when a voyage is started if the holder intends to take fish in the CLF Western Zone under the licence from the vessel during the voyage: (a) fish intended for sale; -- 77 of 240 -- Part 8 Commercial fisheries Division 1 Coastal line fishery Subdivision 4 Fishing in CLF Western Zone Fisheries Regulations 1992 62 (b) more than 100 kg of fish not intended for sale (excluding bait). Maximum penalty: 85 penalty units. (2) Subregulation (1) does not apply if the Director gives the holder written approval to have fish on board the vessel as mentioned in that subregulation. 78K Fishing in CLF Western Zone limited to entitlement under quota units The holder of a CLF licence must not, while fishing in the CLF Western Zone under the licence, take an amount of a CLF species that exceeds the amount the holder is entitled to take under the quota units attached to the licence. Maximum penalty: 170 penalty units. 78L Restrictions apply during voyage to CLF Western Zone (1) The holder of a CLF licence must not, during one voyage, take any fish in the CLF Western Zone under the licence and take any fish under the licence outside the CLF Western Zone. Maximum penalty: 170 penalty units. (2) The holder of a CLF licence must not, during one voyage, take any CLF species in the CLF Western Zone under the licence and take any fish, in or outside the CLF Western Zone, under any other licence. Maximum penalty: 170 penalty units. (3) Subregulation (1) or (2) does not apply if the Director gives the holder written approval to take the action mentioned in the relevant subregulation. 78M Fish not to be moved between vessels (1) The holder of a CLF licence must ensure a fish taken in the CLF Western Zone under the licence is not moved from the vessel from which it was taken to another vessel. Maximum penalty: 85 penalty units. (2) Subregulation (1) does not apply if the Director gives the holder written approval to move the fish to another vessel. -- 78 of 240 -- Part 8 Commercial fisheries Division 1 Coastal line fishery Subdivision 4 Fishing in CLF Western Zone Fisheries Regulations 1992 63 78N Unloading fish The holder of a CLF licence must ensure that a fish taken in the CLF Western Zone under the licence is unloaded from the vessel from which it was taken (or from the vessel to which the fish was moved if regulation 78M(2) applies): (a) in the Darwin port; or (b) if the Director has given the holder written approval for the fish to be unloaded in another place – in the other place. Maximum penalty: 85 penalty units. 78P Weighing fish (1) The holder of a CLF licence must ensure that, as soon as practicable after fish taken in the CLF Western Zone under the licence are unloaded, the fish are weighed using scales that: (a) are an appropriate size, taking into account the amount of fish to be weighed; and (b) have been calibrated in accordance with subregulation (2) immediately before being used to weigh the fish. Maximum penalty: 85 penalty units. (2) The scales must be calibrated using a weight: (a) that is an appropriate size, taking into account the size of the scales; and (b) that has been verified under the National Measurement Act 1960 (Cth); and (c) for which the holder has a certificate of verification given under the National Measurement Act 1960 (Cth) that has not expired. (3) Within 7 days after a request by a Fisheries Officer, the holder of a CLF licence must produce to the Fisheries Officer the certificate of verification for a weight used by the holder to calibrate scales used under subregulation (1). Maximum penalty: 85 penalty units. -- 79 of 240 -- Part 8 Commercial fisheries Division 1 Coastal line fishery Subdivision 5 Transfer of fishery units and quota units Fisheries Regulations 1992 64 78Q Compulsory monitoring on notice (1) The Director may at any time, by written notice, require the holder of a CLF licence to do one of the following in relation to the next voyage undertaken by the holder during which the holder intends to take fish in the CLF Western Zone under the licence: (a) ensure fishing monitoring equipment, as specified in the notice, is fitted to the vessel used for the voyage and is operating at all times during the voyage; (b) permit a specified person to travel as a fishery observer on board the vessel for the voyage. (2) The holder must not contravene the notice. Maximum penalty: 85 penalty units. (3) Section 38(2)(b) of the Act applies to an offence against subregulation (2). Subdivision 5 Transfer of fishery units and quota units 78R Application for transfer and approval by Director (1) The holder of a CLF licence may apply to the Director for approval to transfer one or more fishery units or quota units attached to the licence to another holder of a CLF licence. (2) The application must be made in the approved form. (3) The Director must approve or refuse to approve the application and give the applicant written notice of the decision. (4) To avoid doubt, an application under subregulation (1) cannot be made in relation to fishery units or quota units attached to a suspended CLF licence. 78S Effective date of transfer If the Director approves an application for the transfer of fishery units or quota units, the transfer takes effect on the later of: (a) the day after the date the approval is given; or (b) the date of transfer specified in the application. -- 80 of 240 -- Part 8 Commercial fisheries Division 1 Coastal line fishery Subdivision 6 Register Fisheries Regulations 1992 65 78T Sale or transfer of fishery units by Territory The Territory may sell or transfer to the holder of a CLF licence fishery units transferred to the Territory. Subdivision 6 Register 78U Allocation of fishery units or quota units (1) An allocation of fishery units or quota units to a CLF licence is made by the Director entering in the register the number of fishery units or quota units that are allocated to the licence. (2) Within 7 days after making an allocation to a CLF licence, the Director must give the holder of the licence written notice of the allocation. 78V Transfer of fishery units or quota units (1) As soon as practicable after an application for the transfer of fishery units or quota units has been approved, the Director must enter in the register the details of the transfer, including the date on which the transfer takes effect. (2) As soon as practicable after a transfer of fishery units or quota units takes effect or, in the case of fishery units, is taken to have occurred under regulation 78B, the Director must amend the register to record that the number of units transferred: (a) are no longer attached to the CLF licence from which they were transferred or, if transferred by the Territory, are no longer held by the Territory; and (b) are attached to the transferee's CLF licence or, if transferred to the Territory, are held by the Territory. 78W Cancellation of quota units (1) The Director cancels a quota unit by recording the cancellation in the register. (2) Within 7 days after cancelling a quota unit attached to a CLF licence, the Director must give the holder of the licence written notice of the cancellation. (3) If a quota unit is taken to be cancelled under regulation 78E(6), the Director must record the cancellation in the register as soon as practicable after the cancellation. -- 81 of 240 -- Part 8 Commercial fisheries Division 2 Coastal Net Fishery Fisheries Regulations 1992 66 Division 2 Coastal Net Fishery 79 Declaration of Coastal Net Fishery The industry of taking fish (other than barramundi, king threadfin, Spanish mackerel or mud crab) by coastal net, is hereby declared to be the Coastal Net Fishery. 80 Licence regions The Director may grant a Coastal Net Fishery licence in respect of one of the following regions: (a) the Darwin Region, extending from Cape Hotham to Native Point and from Cape Ford to Dooley Point; (c) the Borroloola Region, extending from the mouth of Bing Bong Creek to Pelican Spit; or (d) other areas approved by the Director. 81 Entry criteria (1) The Director shall not grant a Coastal Net Fishery licence other than to a person: (a) who was licensed under the repealed Regulations to engage in the Bait Fishery and to catch bait in that fishery during 1992 or who was licensed under the repealed Regulations to engage in the Special Purpose Fishery during 1992 and to use haul net in that fishery; and (b) who, subject to subregulation (2), owns or leases a vessel of not less than 5 m in length for use in the fishery. (2) Subregulation (1)(b) does not apply in respect of an applicant who was licenced under the repealed Regulations to engage in the Bait Fishery during 1992. 83 Area of fishery (1) The Coastal Net Fishery area is that area extending seaward from the coastline from the high water mark to an imaginary line following the coastline 3 nautical miles from the low water mark. (2) However, in the vicinity of Darwin Harbour and Shoal Bay the fishery area does not include any area landwards of an imaginary line extending from co-ordinates 6760E 86300N (Charles Point) to co-ordinates 7185E 86544N (Gunn Point), which co-ordinates are more particularly described on Map Sheet Darwin 5073 and Map -- 82 of 240 -- Part 8 Commercial fisheries Division 3 Bait Net Fishery Fisheries Regulations 1992 67 Sheet Koolpinyah 5173 lodged with the Surveyor-General, Darwin. 84 Fishing gear A Coastal Net Fishery licensee must not use under the licence fishing gear other than: (a) a coastal net, if the net: (i) where it is anchored or staked, is anchored or staked at one end only; and (ii) while catch is being cleared, is in not less than 30 cm of water; and (iii) is used in the region in which its use is permitted by the licence; and (b) a cast net. 85 Certain fish not to be taken A Coastal Net Fishery licensee must not take barramundi, king threadfin, Spanish mackerel or mud crab under the licence. Division 3 Bait Net Fishery 86 Declaration of Bait Net Fishery The industry of taking fish (other than barramundi, king threadfin, Spanish mackerel and mud crab) by bait net or cast net for sale as bait is hereby declared to be the Bait Net Fishery. 87 Entry criteria and number of licences The Director must not grant a Bait Fish Fishery licence other than to a person: (a) who was licensed under the repealed Regulations to engage in the Bait Net Fishery during 1992; and (b) who does not hold a Coastal Net Licence. 89 Area of fishery (1) The Bait Net Fishery area is the area extending seaward from the high water mark to an imaginary line following the coastline 3 nautical miles from the low water mark but does not include the Mary River Fish Management Zone. -- 83 of 240 -- Part 8 Commercial fisheries Division 5 Off-shore Net and Line Fishery Subdivision 1 Preliminary matters Fisheries Regulations 1992 68 (2) However, in the vicinity of Darwin Harbour and Shoal Bay the fishery area does not include any area landwards of an imaginary line extending from co-ordinates 6760E 86300N (Charles Point) to co-ordinates 7185E 86544N (Gunn Point), which co-ordinates are more particularly described on Map Sheet Darwin 5073 and Map Sheet Koolpinyah 5173 lodged with the Surveyor-General, Darwin. 90 Fishing gear A Bait Net Fishery licensee must not use under the licence fishing gear other than: (a) a bait net where it is: (i) not anchored or staked; and (ii) hauled by hand; and (iii) attended at all times when in use; and (iv) while catch is being cleared, in not less than 30 cm of water; and (b) a cast net; and (c) a scoop net and gaff. 91 Certain fish not to be taken A Bait Net Fishery licensee must not take barramundi, king threadfin, Spanish mackerel or mud crab under the licence. Division 4 Spanish Mackerel Fishery 92 Declaration of fishery The industry of taking Spanish mackerel is declared to be the Spanish Mackerel Fishery. Division 5 Off-shore Net and Line Fishery Subdivision 1 Preliminary matters 96 Definitions In this Division: combined Blacktip Shark means fish of the following species: (a) Carcharhinus limbatus; -- 84 of 240 -- Part 8 Commercial fisheries Division 5 Off-shore Net and Line Fishery Subdivision 1 Preliminary matters Fisheries Regulations 1992 69 (b) Carcharhinus tilstoni. combined fin fish group (by-product) species means all retained fin fish species other than Grey Mackerel and no-take species. combined other Shark group species means all retained shark species other than combined Blacktip Shark, Spot-tail Shark or combined Shark group. combined Shark group means fish of the following species: (a) Carcharhinus amblyrhynchos; (b) Carcharhinus amboinensis; (c) Carcharhinus brevipinna; (d) Carcharhinus leucas; (e) Carcharhinus obscurus; (f) Carcharhinus plumbeus; (g) Galeocerdo cuvier; (h) Eusphyra blochii; (i) Negaprion acutidens; (j) Sphyrna lewini; (k) Sphyrna mokarran. Eastern Grey Mackerel Management Zone, see regulation 96C(3). fishery unit, see regulation 96CC(1). Grey Mackerel means fish of the species Scomberomorus semifasciatus. no-take species, see regulation 96D(3). Off-shore Net and Line Fishery area, see regulation 96B(1). ONLF licence means an Off-Shore Net and Line Fishery licence. quota unit, see regulation 96CF(1). register means the register maintained under section 9(1) of the Act in relation to the Off-shore Net and Line Fishery. -- 85 of 240 -- Part 8 Commercial fisheries Division 5 Off-shore Net and Line Fishery Subdivision 1 Preliminary matters Fisheries Regulations 1992 70 Spot-tail Shark means fish of the species Carcharhinus sorrah. total allowable catch, see regulation 96CE. Western Grey Mackerel Management Zone, see regulation 96C(2). 96A Declaration of Off-shore Net and Line Fishery The industry of taking fish by using the fishing gear mentioned in regulation 100(1)(a), (b) or (c) is declared to be the Off-shore Net and Line Fishery. 96B Area of fishery (1) The Off-shore Net and Line Fishery area is the area extending seaward from the low water mark to the outer boundary of the Australian fishing zone to the extent the waters are waters relevant to the Northern Territory. (2) In this regulation: waters relevant to the Northern Territory means the waters described in Schedule 1, item 7 (Scheduled area for the Northern Territory) to the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (Cth). 96C Mackerel Management zones (1) Within the Off-shore Net and Line Fishery area there are two management zones relating to Grey Mackerel, the Western Grey Mackerel Management Zone and the Eastern Grey Mackerel Management Zone, that make up the waters of the Fishery area. (2) The Western Grey Mackerel Management Zone lies west of a line, commencing at the low water mark at Cape Arnhem at the point where the meridian of longitude 136°58.767' East meets the coast and extending due north until it intersects with the outer boundary of the Australian Fishing Zone. Note for subregulation (2) Co-ordinates are shown in Geocentric Datum of Australia 1994 (GDA94) degrees decimal minutes (DD MM.MMM). (3) The Eastern Grey Mackerel Management Zone lies east of the line mentioned in subregulation (2). -- 86 of 240 -- Part 8 Commercial fisheries Division 5 Off-shore Net and Line Fishery Subdivision 2 Licences and fishery units Fisheries Regulations 1992 71 Subdivision 2 Licences and fishery units 96CA ONLF licence (1) The holder of an ONLF licence may participate in the Off-shore Net and Line Fishery in accordance with this Division. (2) An ONLF licence cannot be transferred. 96CB Grant of ONLF licence The Joint Authority may grant an ONLF licence to a person if: (a) the person has applied for the licence; and (b) at least one of the following apply: (i) the Joint Authority has approved the transfer of fishery units or quota units to the person; (ii) the Territory proposes to transfer fishery units to the person. 96CC Fishery units generally (1) A fishery unit is a unit that entitles the holder of the ONLF licence to which the unit is attached to be allocated a share of the total allowable catch for the species group to which the unit relates. Note for subregulation (1) The share is calculated under regulation 96CG. (2) A fishery unit does not expire. (3) A fishery unit may be transferred under Subdivision 4. (4) A fishery unit attached to an ONLF licence that is cancelled is taken to be transferred to the Territory on the day of the cancellation. (5) A fishery unit attached to an ONLF licence that expires and is not renewed within the period permitted under section 16 of the Act is taken to be transferred to the Territory on the day after the period ends. 96CD Total number of fishery units In the Off-shore Net and Line Fishery there are a total of: (a) 404 000 fishery units for Grey Mackerel from the Western Grey Mackerel Management Zone; and -- 87 of 240 -- Part 8 Commercial fisheries Division 5 Off-shore Net and Line Fishery Subdivision 3 Total allowable catch and quota units Fisheries Regulations 1992 72 (b) 131 000 fishery units for Grey Mackerel from the Eastern Grey Mackerel Management Zone; and (c) 434 694 fishery units for combined Blacktip Shark; and (d) 121 446 fishery units for Spot-tail Shark; and (e) 246 441 fishery units for combined Shark group; and (f) 126 447 fishery units for combined other Shark group species; and (g) 59 397 fishery units for combined fin fish group (by-product) species. Subdivision 3 Total allowable catch and quota units 96CE Total allowable catch (1) The total allowable catch is the total amount of fish of a species group that may be taken under all ONLF licences during a licensing year. (2) The total allowable catch is expressed in kilograms. (3) Subject to subregulation (4), the Minister must, by Gazette notice, determine the total allowable catch for each species group for a licensing year. (4) For Grey Mackerel, the Minister must determine the total allowable catch for each of: (a) the Western Grey Mackerel Management Zone; and (b) the Eastern Grey Mackerel Management Zone. 96CF Quota units generally (1) A quota unit is a unit that, until it is used or expires, entitles the holder of the ONLF licence to which the unit is attached to take 1 kg of the species group to which the quota unit relates from the Off-shore Net and Line Fishery area in accordance with this Division. (2) For Grey Mackerel, quota units relate to either the Eastern Grey Mackerel Management Zone or the Western Grey Mackerel Management Zone -- 88 of 240 -- Part 8 Commercial fisheries Division 5 Off-shore Net and Line Fishery Subdivision 3 Total allowable catch and quota units Fisheries Regulations 1992 73 (3) A quota unit is used when the holder of the ONLF licence to which the unit is attached uses the entitlement under the quota unit to take 1 kg of the species group to which the quota unit relates from the Off-shore Net and Line Fishery area, or the relevant zone within the area. (4) A quota unit expires on 30 June of the licensing year in which the unit was allocated. (5) A quota unit may be transferred under Subdivision 4. (6) The Joint Authority must, if satisfied the holder of an ONLF licence has used one or more quota units attached to the licence, cancel the number of units attached to the licence that equals the number of units used. (7) A quota unit is taken to be cancelled if: (a) it expires; or (b) the ONLF licence to which it is attached is cancelled. 96CG Annual allocation of quota units (1) On 1 July in each licensing year, the Joint Authority must allocate the number of quota units mentioned in subregulation (3) to each ONLF licence to which fishery units are attached. (2) If an ONLF licence to which fishery units are attached is renewed after 1 July in a licensing year, on the date the licence is renewed, the Joint Authority must allocate the number of quota units mentioned in subregulation (3) to the licence. (3) The number of quota units for each species group to be allocated is the number calculated in accordance with the following formula: A = L ÷ T x TAC where: A is the number of quota units for the relevant species group to be allocated to the ONLF licence. L is the number of fishery units for the relevant species group attached to the ONLF licence on the date of the allocation before any transfers of fishery units to or from the licence take effect. T is the total number of fishery units for the relevant species group as mentioned in regulation 96CD. -- 89 of 240 -- Part 8 Commercial fisheries Division 5 Off-shore Net and Line Fishery Subdivision 3 Total allowable catch and quota units Fisheries Regulations 1992 74 TAC is the total allowable catch for the relevant species group. (4) However, if the number of quota units to be allocated is not a multiple of 1, the number must be: (a) rounded to the nearest whole unit; or (b) if the number is a multiple of 0.5 – rounded up to the nearest whole unit. (5) If, under subregulation (1) or (2), the Joint Authority is required to allocate quota units to an ONLF licence in relation to which any fees are due then, despite the subregulation: (a) the Joint Authority must not allocate quota units to the licence until the fees are paid; and (b) when the allocation is made, the number of quota units to be allocated must be calculated as if the allocation had been made on the date required under subregulation (1) or (2). 96CI Overcatch (1) An overcatch is when any of the following occurs: (a) an ONLF licensee has taken more than 794 kg of Spanish mackerel during a licensing year; (b) an ONLF licensee has, within a licensing year, taken more of a species group than the licensee is entitled to take under the quota units attached to the licence relevant to the species group. (2) The Joint Authority may, as soon as practicable after an overcatch occurs, give the ONLF licensee a notice (an overcatch notice) specifying the amount of the overcatch. (3) The overcatch notice, or a later notice, may impose an overcatch fee (if applicable) determined by the Joint Authority under subregulation (4). (4) The Joint Authority may determine the amount of a fee (the overcatch fee) for each kilogram of overcatch of a species group taken by an ONLF licensee in a licensing year. (5) An overcatch fee is not applicable in the circumstance mentioned in subregulation (1)(a) unless the total amount of Spanish mackerel taken to date in the licensing year in the Off-shore Net and Line Fishery area is in excess of 13 500 kg. -- 90 of 240 -- Part 8 Commercial fisheries Division 5 Off-shore Net and Line Fishery Subdivision 4 Transfer of fishery units and quota units Fisheries Regulations 1992 75 (6) After being given an overcatch notice, an ONLF licensee must do the following: (a) for an overcatch that is not one mentioned in subregulation (1)(a) – within 7 days of being given the notice, arrange for the transfer to the licence of the number of quota units relevant to the species group equal to the overcatch amount specified in the notice; (b) within 30 days of being given the notice – pay any overcatch fee imposed. Subdivision 4 Transfer of fishery units and quota units 96CJ Application for transfer and approval by Joint Authority (1) The holder of an ONLF licence may apply to the Joint Authority for approval to transfer one or more fishery units or quota units attached to the licence to: (a) the holder of an ONLF licence; or (b) an applicant for, or person who intends to apply for, an ONLF licence. (2) The application must be made in the approved form. (3) The Joint Authority must approve or refuse to approve the application and give the applicant written notice of the decision. (4) To avoid doubt, an application under subregulation (1) cannot be made in relation to fishery units or quota units attached to a suspended ONLF licence. 96CK Effective date of transfer (1) If the Joint Authority approves an application for the transfer of fishery units or quota units to the holder of an ONLF licence, the transfer takes effect on the later of: (a) the day after the date the approval is given; or (b) the date of transfer specified in the application. -- 91 of 240 -- Part 8 Commercial fisheries Division 5 Off-shore Net and Line Fishery Subdivision 5 Register Fisheries Regulations 1992 76 (2) If the Joint Authority approves an application for the transfer of fishery units or quota units to an applicant for, or person who intends to apply for, an ONLF licence: (a) the approval is conditional on the applicant or person being granted an ONLF licence within 14 days after the date the approval is given; and (b) the transfer takes effect on the later of: (i) the date the licence is granted to the person; or (ii) the date of transfer specified in the application. 96CL Sale or transfer of fishery units by Territory The Territory may sell or transfer to the holder of an ONLF licence fishery units transferred to the Territory. Subdivision 5 Register 96CM Allocation of fishery units or quota units (1) An allocation of fishery units or quota units to an ONLF licence is made by the Joint Authority entering in the register the number of fishery units or quota units that are allocated to the licence. (2) Within 7 days after making an allocation to an ONLF licence, the Joint Authority must give the holder of the licence written notice of the allocation. 96CN Transfer of fishery units or quota units (1) As soon as practicable after an application for the transfer of fishery units or quota units has been approved, the Joint Authority must enter in the register the details of the transfer including the date on which the transfer takes effect. (2) As soon as practicable after a transfer of fishery units or quota units takes effect or is taken to have occurred under regulation 96CC, the Joint Authority must amend the register to record that the number of units transferred: (a) are no longer attached to the ONLF licence from which they were transferred or, if transferred by the Territory, are no longer held by the Territory; and (b) are attached to the transferee's ONLF licence or, if transferred to the Territory, are held by the Territory. -- 92 of 240 -- Part 8 Commercial fisheries Division 5 Off-shore Net and Line Fishery Subdivision 6 Fishing in Off-shore Net and Line Fishery Fisheries Regulations 1992 77 96CO Cancellation of quota units (1) The Joint Authority cancels a quota unit by recording the cancellation in the register. (2) Within 7 days after cancelling a quota unit attached to an ONLF licence, the Joint Authority must give the holder of the licence written notice of the cancellation. (3) If a quota unit is taken to be cancelled under regulation 96CF, the Joint Authority must record the cancellation in the register as soon as practicable after the cancellation. Subdivision 6 Fishing in Off-shore Net and Line Fishery 96D Taking of fish (1) The holder of an ONLF licence must not take fish under the licence except in the Off-shore Net and Line Fishery area. (1B) An Off-shore Net and Line Fishery licensee must not take fish under the licence unless the licensee has a quota unit that gives the licensee the right to do so. Note for subregulation (1B) Because of regulation 96CI(1)(b), regulation 96CI applies if a licensee contravenes this subregulation. (2) An Off-shore Net and Line Fishery licensee may, during a voyage, take as by-catch: (a) 30 Spanish mackerel, trunked or retained as whole fish; and (b) for each tonne of grey mackerel taken by the licensee during the voyage – not more than an additional 10 Spanish mackerel, trunked or retained as whole fish; and (ba) 5 black jewfish, trunked or retained as whole fish; and (c) 50 kg of snapper. (2A) An Off-shore Net and Line Fishery licensee must not take Spanish mackerel, black jewfish or snapper other than in accordance with subregulation (2). Maximum penalty: 85 penalty units. (3) An Off-shore Net and Line Fishery licensee must not take barramundi, king threadfin or mud crab (each a no-take species) under the licence. -- 93 of 240 -- Part 8 Commercial fisheries Division 5 Off-shore Net and Line Fishery Subdivision 6 Fishing in Off-shore Net and Line Fishery Fisheries Regulations 1992 78 100 Fishing gear (1) An Off-shore Net and Line Fishery licensee must not use under the licence fishing gear other than: (a) demersal long-line and gaff in the area extending seaward from an imaginary line following the low water mark to the outer boundary of the Australian fishing zone; and (b) pelagic long-line in the area extending seaward from an imaginary line following the coastline 3 nautical miles seaward from the baseline to the outer boundary of the Australian fishing zone; and (c) pelagic net in the area extending seaward from an imaginary line following the coastline 2 nautical miles seaward from the low water mark to the outer boundary of the Australian fishing zone. (4) The holder of an ONLF licence may only use demersal long-line or pelagic long-line if the total length of all line used under the licence at the one time is not more than 15 nautical miles. (5) The holder of an ONLF licence must not use pelagic net within the Mary River Fish Management Zone. (6) An Off-shore Net and Line Fishery licensee must not have more than 1 000 snoods on a vessel used under the licence. (7) An Off-shore Net and Line Fishery licensee must not have an auto-baiting device on a vessel used under the licence. 100A Maintenance and operation of vessel monitoring system (1) The holder of an ONLF licence must maintain the vessel monitoring system fitted to the mother boat for the licence in accordance with the manufacturer's instructions. Maximum penalty: 85 penalty units. (2) In addition, the holder must ensure the vessel monitoring system is operating at all times. Maximum penalty: 85 penalty units. (3) Subregulation (2) does not apply if the Joint Authority gives the holder written approval for the system not to be operating. -- 94 of 240 -- Part 8 Commercial fisheries Division 5 Off-shore Net and Line Fishery Subdivision 6 Fishing in Off-shore Net and Line Fishery Fisheries Regulations 1992 79 (4) If the Joint Authority gives written approval under subregulation (3), the holder must comply with all conditions, restrictions or limitations specified in the approval. Maximum penalty: 85 penalty units. (5) Section 38(2)(b) of the Act applies to an offence against subregulation (2). 100B Navigating in Grey Mackerel Management Zones (1) The holder of an ONLF licence commits an offence if: (a) a vessel being used for fishing under the licence is navigated in a Grey Mackerel Management Zone; and (b) there is pelagic net on the vessel; and (c) the holder does not meet Grey Mackerel minimum quota units relevant to the zone; and (d) information given by the vessel monitoring system fitted to the vessel shows that, at any time while moving in the management zone the vessel travelled at a speed of less than 5 nautical miles per hour as worked out under subregulation (3). Maximum penalty: 85 penalty units. (2) Subregulation (1) does not apply if: (a) the vessel travels at a speed of less than 5 nautical miles per hour only immediately before and after being stationary; or (b) the Joint Authority gives the holder approval for the vessel to be navigated in the management zone and the vessel is navigated in accordance with any instructions given by the Joint Authority. (3) For subregulation (1)(d), to work out a vessel's speed: (a) for each consecutive pair of points identified by the vessel monitoring system fitted to the vessel, identify the shortest distance between the pair of points in a straight line; and (b) divide the distance by the time taken by the vessel to travel between the two points. -- 95 of 240 -- Part 8 Commercial fisheries Division 5 Off-shore Net and Line Fishery Subdivision 6 Fishing in Off-shore Net and Line Fishery Fisheries Regulations 1992 80 100C Minimum quota units to be held at start of voyage (1) The holder of an ONLF licence commits an offence if: (a) the holder takes fish under the licence using demersal long-line or pelagic long-line methods during a voyage; and (b) at the start of the voyage the licence did not have attached to it at least: (i) 5 000 quota units for combined Blacktip Shark; and (ii) 1 600 quota units for Spot-tail Shark; and (iii) 4 700 quota units for combined Shark group; and (iv) 2 400 quota units for combined other Shark group species. Maximum penalty: 170 penalty units. (2) The holder of an ONLF licence commits an offence if: (a) the holder takes fish under the licence using pelagic net methods during a voyage targeting Grey Mackerel; and (b) at the start of the voyage the licence did not have attached to it at least: (i) 2 700 quota units for Grey Mackerel, relevant to the management zone from which the fish are to be taken; and (ii) 1 050 quota units for combined Blacktip Shark; and (iii) 250 quota units for Spot-tail Shark; and (iv) 150 quota units for combined Shark group; and (v) 50 quota units for combined other Shark group species; and (vi) 300 quota units for combined fin fish species. Maximum penalty: 170 penalty units. (3) The holder of an ONLF licence commits an offence if: (a) the holder takes fish under the licence using pelagic net methods during a voyage targeting sharks; and -- 96 of 240 -- Part 8 Commercial fisheries Division 5 Off-shore Net and Line Fishery Subdivision 6 Fishing in Off-shore Net and Line Fishery Fisheries Regulations 1992 81 (b) at the start of the voyage the licence did not have attached to it at least: (i) 1 100 quota units for Grey Mackerel relevant to the management zone from which the fish are to be taken; and (ii) 3 700 quota units for combined Blacktip Shark; and (iii) 800 quota units for Spot-tail Shark; and (iv) 600 quota units for combined Shark group; and (v) 150 quota units for combined other Shark group species; and (vi) 150 quota units for combined fin fish species. Maximum penalty: 170 penalty units. 100D No fishing under another licence during voyage (1) The holder of an ONLF licence must not, during one voyage, take a fish under the licence and take a fish under any other licence. Maximum penalty: 170 penalty units. (2) Subregulation (1) does not apply if the Joint Authority gives the holder written approval to take the action mentioned in subregulation (1). 100E Fish not to be moved between vessels (1) The holder of an ONLF licence must ensure a fish taken under the licence is not moved from the vessel from which it was taken to another vessel. Maximum penalty: 85 penalty units. (2) Subregulation (1) does not apply if the Joint Authority gives the holder written approval to move the fish to another vessel. 100F Processing at sea (1) The holder of an ONLF licence must ensure that all sharks are landed with fins naturally attached. Maximum penalty: 85 penalty units. (2) Subregulation (1) does not prevent trunking of sharks. -- 97 of 240 -- Part 8 Commercial fisheries Division 5 Off-shore Net and Line Fishery Subdivision 6 Fishing in Off-shore Net and Line Fishery Fisheries Regulations 1992 82 (3) However, for Hammerhead sharks the heads must remain attached to the body for accurate species identification when: (a) no fishing monitoring equipment is in place; and (b) 37 tonnes of Scalloped Hammerhead sharks have been taken in a licensing year. Maximum penalty: 85 penalty units. (4) Subregulation (1) does not apply if the Joint Authority gives the holder written approval to land sharks without fins attached. (5) In this regulation: Hammerhead sharks means fish of the following species: (a) Sphyrna lewini; (b) Sphyrna mokarran. Scalloped Hammerhead sharks means fish of the species Sphyrna lewini. 100G Unloading fish The holder of an ONLF licence must ensure that a fish taken under the licence is unloaded from the vessel from which it was taken (or from the vessel to which the fish was moved if regulation 100E(2) applies): (a) in the Darwin port; or (b) in the Gove port; or (c) if the Joint Authority has given the holder written approval for the fish to be unloaded in another place – in the other place. Maximum penalty: 85 penalty units. 100H Weighing fish (1) The holder of an ONLF licence must ensure that fish taken under the licence are weighed using scales that: (a) are an appropriate size, taking into account the amount of fish to be weighed; and -- 98 of 240 -- Part 8 Commercial fisheries Division 5 Off-shore Net and Line Fishery Subdivision 6 Fishing in Off-shore Net and Line Fishery Fisheries Regulations 1992 83 (b) have been calibrated in accordance with regulation 100J(1) immediately before being used to weigh the fish. Maximum penalty: 85 penalty units. (2) If fish taken under an ONLF licence are not weighed at sea, they must be weighed as soon as practicable after unloading. (3) If fish taken under an ONLF licence are weighed at sea: (a) the scales used must be certified motion compensated marine scales; and (b) the container into which the fish are placed must display a label showing the following information: (i) the date of packaging; (ii) the fish species; (iii) the nature of the product (for example, whether whole fish or trunked); (iv) the weight in kilograms; (v) the number of the licence under which the fish were taken; (vi) any other information specified by the Joint Authority. (4) The holder of an ONLF licence who contravenes subregulation (3)(a) or (b) commits an offence. Maximum penalty: 85 penalty units. 100J Calibration of scales (1) The scales used under regulation 100H must be calibrated using a weight: (a) that is an appropriate size, taking into account the size of the scales; and (b) that has been verified under the National Measurement Act 1960 (Cth); and (c) for which the holder has a certificate of verification given under the National Measurement Act 1960 (Cth) that has not expired. -- 99 of 240 -- Part 8 Commercial fisheries Division 5 Off-shore Net and Line Fishery Subdivision 6 Fishing in Off-shore Net and Line Fishery Fisheries Regulations 1992 84 (2) Within 7 days after a request by a Fisheries Officer, the holder of an ONLF licence must produce to the Fisheries Officer the certificate of verification for a weight used by the holder to calibrate scales used under regulation 100H. Maximum penalty: 85 penalty units. 100K Compulsory monitoring when certain gear on vessel (1) This regulation applies to the holder of an ONLF licence if: (a) the holder intends to take fish under the licence during a voyage; and (b) demersal long-line or pelagic long-line will be on board the vessel used for the voyage. (2) The holder must: (a) ensure approved monitoring equipment is fitted to the vessel and operating at all times during the voyage; or (b) advise the Joint Authority of the holder's intention to take fish under the licence during the voyage at least 14 days before the start of the voyage, and, if the holder receives a notice mentioned in subregulation (4), the holder must not contravene the notice. Maximum penalty: 170 penalty units. (3) Section 38(2)(b) of the Act applies to an offence against subregulation (2). (4) If advice is received under subregulation (2)(b), the Joint Authority may give the holder a notice requiring the holder to: (a) permit a specified person to travel as a fishery observer on board the vessel: (i) for the voyage; and (ii) if the voyage lasts less than 7 days – for subsequent voyages during which demersal long-line or pelagic long-line will be on board until the observer has been on board for at least 7 days; and (b) within 14 days of the end of each voyage, pay an observer fee of 700 revenue units per day that the observer is on board the vessel. -- 100 of 240 -- Part 8 Commercial fisheries Division 5 Off-shore Net and Line Fishery Subdivision 6 Fishing in Off-shore Net and Line Fishery Fisheries Regulations 1992 85 (5) Subregulation (2) does not apply if the Joint Authority exempts the holder from that subregulation. (6) The exemption mentioned in subregulation (5) must be in writing and relate to a specified period or voyage. 100L Compulsory monitoring in other circumstances (1) This regulation applies to the holder of an ONLF licence if the holder has taken fish under the licence during a voyage and either: (a) intends to unload the fish in a port other than Darwin port or Gove port; or (b) has on the vessel a fin that is not naturally attached to the body of a shark. (2) The holder must do the following, as appropriate: (a) give the Joint Authority at least 3 days notice of the holder's intention to unload at the other port; (b) notify the Joint Authority of the presence on board the vessel of the unattached fin. Maximum penalty: 85 penalty units. (3) Section 38(2)(b) of the Act applies to an offence against subregulation (2). (4) If notice is received under subregulation (2), the Joint Authority may give the holder a notice requiring the holder to: (a) permit a specified person to travel as a fishery observer on board the vessel: (i) for the remainder of the voyage; and (ii) if the remainder of the voyage lasts less than 7 days – for subsequent voyages until the observer has been on board for at least 7 days; and (b) within 14 days of the end of each voyage, pay an observer fee of 700 revenue units per day that the observer is on board the vessel. (5) Subregulation (2) does not apply if the Joint Authority exempts the holder from that subregulation. (6) The exemption mentioned in subregulation (5) must be in writing and relate to a specified period or voyage. -- 101 of 240 -- Part 8 Commercial fisheries Division 5 Off-shore Net and Line Fishery Subdivision 6 Fishing in Off-shore Net and Line Fishery Fisheries Regulations 1992 86 100M Compulsory monitoring after offence committed or infringement notice served (1) This regulation applies if the holder of an ONLF licence: (a) is found guilty of an offence against this Division; or (b) is served with a relevant infringement notice for an offence against this Division and pays the penalty amount indicated in the notice. (2) Without limiting regulation 100N, within 3 months after the date of the finding of guilt or service of the infringement notice, the Joint Authority may give the holder one of the following: (a) a monitoring equipment notice mentioned in subregulation (6); (b) an observer notice mentioned in subregulation (7). (3) In deciding whether to give the holder a notice under subregulation (2), the Joint Authority must take into account the following: (a) the nature and seriousness of the offence committed or alleged to have been committed; (b) whether the holder has previously been found guilty of, or served with an infringement notice for, an offence against this Division; (c) any other matter the Joint Authority considers relevant. (4) If a notice is given under subregulation (2), the holder must not contravene the notice. Maximum penalty: 170 penalty units. (5) Section 38(2)(b) of the Act applies to an offence against subregulation (4). (6) A monitoring equipment notice is a notice requiring the holder to do the following: (a) on or before the date (the compliance date) which is 60 days after the date of the notice – nominate as the mother boat for the ONLF licence a vessel fitted with approved monitoring equipment; -- 102 of 240 -- Part 8 Commercial fisheries Division 5 Off-shore Net and Line Fishery Subdivision 6 Fishing in Off-shore Net and Line Fishery Fisheries Regulations 1992 87 (b) during the period of 10 months from the compliance date (the monitoring period) – ensure the equipment is operating at all times unless the Joint Authority has given the holder written approval for the equipment not to be operating; (c) within 14 days of the end of each relevant voyage – pay a data analysis fee of 10 revenue units for each day of the relevant voyage that falls within the monitoring period. (7) An observer notice is a notice requiring the holder: (a) to permit a specified person to travel as a fishery observer on board the vessel used for one or more voyages during which the holder intends to take fish under the licence until the observer has been on board for at least 7 days during those voyages; and (b) within 14 days of the end of each voyage, to pay an observer fee of 700 revenue units per day of the voyage. (8) In this regulation: relevant infringement notice means an infringement notice that includes, or has attached to it, a statement that says (or in effect says), "WARNING: If you pay the penalty amount, or are found guilty of the offence for which this infringement notice is given, the Joint Authority may give you a notice under regulation 100M(2) of the Fisheries Regulations 1992.". relevant voyage means a voyage: (a) during which a fish is taken under the licence; and (b) that starts or ends during the monitoring period mentioned in subregulation (6)(b). 100N Compulsory monitoring on notice (1) The Joint Authority may at any time, by written notice, require the holder of an ONLF licence to do one of the following in relation to the next voyage undertaken by the holder during which the holder intends to take fish under the licence: (a) ensure approved monitoring equipment is fitted to the vessel used for the voyage and is operating at all times during the voyage; (b) permit a specified person to travel as a fishery observer on board the vessel for the voyage. -- 103 of 240 -- Part 8 Commercial fisheries Division 6 Demersal Fishery Subdivision 1 Preliminary matters Fisheries Regulations 1992 88 (2) If a notice is given under subregulation (1), the holder must not contravene the notice. Maximum penalty: 85 penalty units. (3) Section 38(2)(b) of the Act applies to an offence against subregulation (2). 100P Approved monitoring equipment (1) The holder of an ONLF licence who is required to have approved monitoring equipment on board a vessel must ensure that video footage and other data is: (a) complete (no missing, edited or corrupt data); and (b) stamped with the date and time the footage or data is taken; and (c) stored on an appropriate data storage device on board the vessel; and (d) held for a minimum of 6 months; and (e) provided to the Joint Authority within 10 business days after receiving a written request from the Joint Authority for the footage and data to be provided. (2) The holder of an ONLF licence who contravenes subregulation (1) commits an offence. Maximum penalty: 85 penalty units. Division 6 Demersal Fishery Subdivision 1 Preliminary matters 101 Definitions In this Division: Demersal Fishery area, see regulation 103(1). DF licence means a Demersal Fishery licence. fishery unit, see regulation 106(1). quota unit, see regulation 107B(1). -- 104 of 240 -- Part 8 Commercial fisheries Division 6 Demersal Fishery Subdivision 1 Preliminary matters Fisheries Regulations 1992 89 register means the register maintained under section 9(1) of the Act in relation to the Demersal Fishery. total allowable catch, see regulation 107A. trawl zones, see regulation 103(2). 102 Declaration of Demersal Fishery The industry of taking fish (other than barramundi, king threadfin, shark and mud crab) by vertical line, drop line, finfish long-line, fish-trap, scoop net, gaff or finfish trawl gear in the Demersal Fishery area is declared to be the Demersal Fishery. 103 Area of fishery (1) The Demersal Fishery area is the area extending seaward from an imaginary line that is 15 nautical miles from the low water mark and that follows the coastline to the outer boundary of the Australian fishing zone, insofar as the waters are relevant waters, but excluding the Timor Reef Fishery area. (2) Within the Demersal Fishery area there are two zones, Zones A and B (the trawl zones), in which finfish trawl gear can be used. (3) Zone A is the area bounded by a line: (a) commencing at the intersection by the parallel of latitude 11° 00' south and the meridian of longitude 133° 16' east; and (b) from there south-easterly along the geodesic to the point of latitude 11° 25' south, longitude 134° 15' east; and (c) from there easterly along the parallel of latitude 11° 25' south to its intersection by the meridian of longitude 135° 35' east; and (d) from there north-easterly along the geodesic to the point of latitude 11° 05' south, longitude 136° 10' east; and (e) from there north-easterly along the geodesic to the point of latitude 10° 30' south, longitude 136° 40' east; and (f) from there south-easterly along the geodesic to the point of latitude 11° 00' south, longitude 137° 05' east; and (g) from there south along the meridian of longitude 137° 05' east to its intersection by the parallel of latitude 11° 47' south; and -- 105 of 240 -- Part 8 Commercial fisheries Division 6 Demersal Fishery Subdivision 1 Preliminary matters Fisheries Regulations 1992 90 (h) from there north-easterly along the geodesic between that point and the point of latitude 11°10' south, longitude 141°00' east, to the intersection of that geodesic by the meridian of longitude 137°30' east; and (i) from there south along that meridian to its intersection by the parallel of latitude 15°00' south; and (j) from there east along that parallel to its intersection by the boundary between the Territory and Queensland as specified in the Petroleum (Submerged Lands) Act 1967 (Cth) as in force immediately before its repeal; and (k) from there north along that boundary to its intersection by the outer boundary of the Australian fishing zone; and (l) from there generally westerly along that outer boundary to its intersection by the meridian of longitude 133°16' east; and (m) from there south along that meridian to the point of commencement. (4) Zone B is the area bounded by a line: (a) commencing at the intersection by the parallel of latitude 13°00' south and the meridian of longitude 128°45' east; and (b) from there easterly along the geodesic to the point of latitude 13°00' south, longitude 129°20' east; and (c) from there northerly along the geodesic to the point of latitude 12°30' south, longitude 129°20' east; and (d) from there westerly along the geodesic to the point of latitude 12°30' south, longitude 129°10' east; and (e) from there northerly along the geodesic to the point of latitude 11°45' south, longitude 129°10' east; and (f) from there westerly along the geodesic to the point of latitude 11°45' south, longitude 128°06' east; and (g) from there southerly along the geodesic to the intersection by the boundary between the Territory and Western Australia as specified in the Petroleum (Submerged Lands) Act 1967 (Cth) as in force immediately before its repeal; and (h) from there generally south-easterly along that boundary between the Territory and Western Australia as specified in -- 106 of 240 -- Part 8 Commercial fisheries Division 6 Demersal Fishery Subdivision 2 Licences and fishery units Fisheries Regulations 1992 91 the Petroleum (Submerged Lands) Act 1967 (Cth) as in force immediately before its repeal; and to its intersection by the parallel of latitude 12°30' south; and (i) from there generally south-easterly along the geodesic to the point of commencement. (5) In this regulation: relevant waters means waters relevant to the Territory within the meaning of clause 2 of the arrangement made under Part 5 of the Commonwealth Act between the Commonwealth and the Territory in relation to the Demersal and Timor Reef Fishery on 19 December 1994. Timor Reef Fishery area means the area specified in regulation 141C. Subdivision 2 Licences and fishery units 104 DF licence (1) The holder of a DF licence may participate in the Demersal Fishery in accordance with this Division. (2) A DF licence cannot be transferred. 105 Grant of DF licence The Joint Authority may grant a DF licence to a person if: (a) the person has applied for the licence; and (b) at least one of the following apply: (i) the Joint Authority has approved the transfer of fishery units or quota units to the person; (ii) the Territory proposes to transfer fishery units to the person. Note for regulation 105 Regulation 224 also provides for the grant of DF licences. -- 107 of 240 -- Part 8 Commercial fisheries Division 6 Demersal Fishery Subdivision 3 Total allowable catch and quota units Fisheries Regulations 1992 92 106 Fishery units generally (1) A fishery unit is a unit that entitles the holder of the DF licence to which the unit is attached to be allocated a share of the total allowable catch for the species group to which the unit relates. Note for subregulation (1) The share is calculated under regulation 107C. (2) A fishery unit does not expire. (3) A fishery unit may be transferred under Subdivision 5. (4) A fishery unit attached to a DF licence that is cancelled is taken to be transferred to the Territory on the day of the cancellation. (5) A fishery unit attached to a DF licence that expires and is not renewed within the period permitted under section 16 of the Act is taken to be transferred to the Territory on the day after the period ends. 107 Total number of fishery units In the Demersal Fishery there are a total of: (a) 400 000 fishery units for goldband snapper; and (b) 2 499 980 fishery units for red snapper; and (c) 914 960 fishery units for grouped fish. Subdivision 3 Total allowable catch and quota units 107A Total allowable catch The total amount of fish that may be taken under all DF licences during a licensing year (the total allowable catch) for the following species groups is: (a) 400 000 kg of goldband snapper; (b) 2 499 980 kg of red snapper; (c) 914 960 kg of grouped fish. -- 108 of 240 -- Part 8 Commercial fisheries Division 6 Demersal Fishery Subdivision 3 Total allowable catch and quota units Fisheries Regulations 1992 93 107B Quota units generally (1) A quota unit is a unit that, until it is used or expires, entitles the holder of the DF licence to which the unit is attached to take 1 kg of the species group to which the quota unit relates from the Demersal Fishery area in accordance with this Division. (2) A quota unit is used when the holder of the DF licence to which the unit is attached uses the entitlement under the quota unit to take 1 kg of the species group to which the quota unit relates from the Demersal Fishery area. (3) A quota unit expires on 30 June of the licensing year in which the unit was allocated. (4) A quota unit may be transferred under Subdivision 5. (5) The Joint Authority must, if satisfied the holder of a DF licence has used one or more quota units attached to the licence: (a) cancel the number of quota units attached to the licence that equals the number of units used; and (b) in doing so – cancel quota units allocated under regulation 107D before cancelling any other quota units attached to the licence. (6) A quota unit is taken to be cancelled if: (a) it expires; or (b) the DF licence to which it is attached is cancelled. 107C Annual allocation of quota units (1) On 1 July in each licensing year, the Joint Authority must allocate the number of quota units mentioned in subregulation (3) to each DF licence to which fishery units are attached. (2) If a DF licence to which fishery units are attached is renewed after 1 July in a licensing year, on the date the licence is renewed, the Joint Authority must allocate the number of quota units mentioned in subregulation (3) to the licence. -- 109 of 240 -- Part 8 Commercial fisheries Division 6 Demersal Fishery Subdivision 3 Total allowable catch and quota units Fisheries Regulations 1992 94 (3) The number of quota units for each species group to be allocated is the number calculated in accordance with the following formula: A = L ÷ T x TAC where: A is the number of quota units for the relevant species group to be allocated to the DF licence. L is the number of fishery units for the relevant species group attached to the DF licence on the date of the allocation before any transfers of fishery units to or from the licence take effect. T is the total number of fishery units for the relevant species group as mentioned in regulation 107. TAC is the total allowable catch for the relevant species group. (4) However, if the number of quota units to be allocated is not a multiple of 1, the number must be: (a) rounded to the nearest whole unit; or (b) if the number is a multiple of 0.5 – rounded up to the nearest whole unit. (5) If, under subregulation (1) or (2), the Joint Authority is required to allocate quota units to a DF licence in relation to which any fees are due then, despite the subregulation: (a) the Joint Authority must not allocate quota units to the licence until the fees are paid; and (b) when the allocation is made, the number of quota units to be allocated must be calculated as if the allocation had been made on the date required under subregulation (1) or (2). 107D Additional allocation of quota units for undercatch (1) This regulation applies if: (a) one or more eligible quota units attached to a DF licence expire at the end of a licensing year (the first year); and (b) the licence is renewed the following licensing year (the second year). -- 110 of 240 -- Part 8 Commercial fisheries Division 6 Demersal Fishery Subdivision 3 Total allowable catch and quota units Fisheries Regulations 1992 95 (2) The Joint Authority must allocate to the DF licence the number of quota units for each species group that is equal to the lesser of: (a) the number of eligible quota units for the relevant species group that expired at the end of the first year; or (b) the number of quota units for the relevant species group (the relevant number) calculated in accordance with the following formula: A = (AQ + BQ - TQ) x 0.2 where: A is the relevant number. AQ is the number of eligible quota units for the relevant species group that were allocated to the licence during the first year. BQ is the number of eligible quota units for the relevant species group that were transferred to the holder of the licence during the first year. TQ is the number of eligible quota units for the relevant species group that were transferred from the licence during the first year. (3) However, if the number of quota units to be allocated is not a multiple of 1, the number must be: (a) rounded to the nearest whole unit; or (b) if the number is a multiple of 0.5 – rounded up to the nearest whole unit. (4) The allocation under subregulation (2) must be made: (a) immediately after an allocation to the DF licence is made under regulation 107C; or (b) if the information required to make the allocation is not available at that time – as soon as practicable after the information becomes available. (5) However, if under subregulation (4)(b) the Joint Authority is required to allocate quota units to a DF licence in relation to which any fees are due then, despite subregulation (4)(b), the Joint Authority must not allocate the quota units to the licence until the fees are paid. -- 111 of 240 -- Part 8 Commercial fisheries Division 6 Demersal Fishery Subdivision 4 Fishing in Demersal Fishery Fisheries Regulations 1992 96 (6) In this regulation: eligible quota units means: (a) quota units allocated to the DF licence under regulation 107C or 227; or (b) quota units allocated to another DF licence under regulation 107C or 227 and subsequently transferred to the holder of the DF licence. Subdivision 4 Fishing in Demersal Fishery 107E Notice of intention to fish (1) This regulation applies to the holder of a DF licence who intends to take fish under the licence during a voyage. (2) Between 1 and 12 hours before starting the voyage, the holder must notify the Director of the following: (a) the holder's intention to take fish under the licence during the voyage; (b) the time the voyage will start; (c) the estimated duration of the voyage; (d) the type of fishing gear the holder intends to use during the voyage; (e) any other information about the voyage required by the Director. Maximum penalty: 85 penalty units. (3) The notice may be given orally. 107F Permitted fishing gear The holder of a DF licence must not use fishing gear other than any of the following, or an item ancillary to any of the following, to take fish under the licence: (a) vertical lines; (b) drop lines; (c) finfish long-lines; (d) fish-traps; -- 112 of 240 -- Part 8 Commercial fisheries Division 6 Demersal Fishery Subdivision 4 Fishing in Demersal Fishery Fisheries Regulations 1992 97 (e) cast nets; (f) restricted bait nets; (g) scoop nets; (h) gaffs; (i) if an approval under regulation 107J applies to the holder – finfish trawl gear. Maximum penalty: 170 penalty units. 107G Use of cast net The holder of a DF licence must not use a cast net to take fish or aquatic life under the licence unless the fish or aquatic life are to be used as bait under the licence. Maximum penalty: 85 penalty units. 107H Use of restricted bait net The holder of a DF licence must not leave a restricted bait net unattended while it is in use under the licence. Maximum penalty: 85 penalty units. 107J Approval to use finfish trawl gear (1) The holder of a DF licence may apply to the Joint Authority for approval to use finfish trawl gear under the licence during a particular licensing year. (2) The Joint Authority must not grant the approval unless the DF licence has attached to it at least: (a) 20 000 quota units for goldband snapper; and (b) 400 000 quota units for red snapper; and (c) 100 000 quota units for grouped fish. (3) If the Joint Authority grants the approval, the approval applies to the holder in relation to the DF licence until the end of the licensing year in relation to which the approval is granted, unless it is sooner revoked under subregulation (4). -- 113 of 240 -- Part 8 Commercial fisheries Division 6 Demersal Fishery Subdivision 4 Fishing in Demersal Fishery Fisheries Regulations 1992 98 (4) The approval is revoked when quota units attached to the DF licence are transferred if, immediately after the transfer, the number of quota units for each species group attached to the licence is not equal to or greater than the number of quota units mentioned in subregulation (2). 107K Use of finfish trawl gear or vessel with finfish trawl gear on board (1) The holder of a DF licence must not do any of the following: (a) take finfish trawl gear onto, or keep finfish trawl gear on, a vessel other than the mother boat for the licence; (b) use finfish trawl gear from the mother boat for the licence while the vessel monitoring system fitted to the boat is not operating. Maximum penalty: 85 penalty units. (2) The holder of a DF licence must not use finfish trawl gear outside the trawl zones. Maximum penalty: 170 penalty units. (3) The holder of a DF licence commits an offence if: (a) a vessel is being used for fishing under the licence; and (b) there is finfish trawl gear on the vessel; and (c) any of the following are also on the vessel: (i) vertical lines; (ii) drop lines; (iii) finfish long-lines; (iv) fish-traps. Maximum penalty: 85 penalty units. (4) The holder of a DF licence commits an offence if: (a) a vessel being used for fishing under the licence is navigated in the prohibited area; and (b) there is finfish trawl gear on the vessel; and -- 114 of 240 -- Part 8 Commercial fisheries Division 6 Demersal Fishery Subdivision 4 Fishing in Demersal Fishery Fisheries Regulations 1992 99 (c) information given by the vessel monitoring system fitted to the vessel shows that, at any time while moving in the prohibited area the vessel travelled at a speed of less than 5 nautical miles per hour as worked out under subregulation (6). Maximum penalty: 170 penalty units. (5) Subregulation (4) does not apply if: (a) the vessel travels at a speed of less than 5 knots only immediately before and after being stationary; or (b) the Joint Authority gives the holder approval for the vessel to be navigated in the prohibited area and the vessel is navigated in accordance with any instructions given by the Joint Authority. (6) For subregulation (4)(c), to work out a vessel's speed: (a) for each consecutive pair of points identified by the vessel monitoring system fitted to the vessel, identify the shortest distance between the pair of points in a straight line; and (b) divide the distance by the time taken by the vessel to travel between the two points. (7) In this regulation: prohibited area means anywhere outside the Darwin port, Gove port and trawl zones. 107KA Maintenance and operation of VMS (1) The holder of a DF licence must maintain the vessel monitoring system fitted to the mother boat for the licence in accordance with the manufacturer's instructions. Maximum penalty: 85 penalty units. (2) In addition, the holder must ensure the vessel monitoring system is operating at all times unless the Joint Authority has given the holder written approval for the system not to be operating. Maximum penalty: 85 penalty units. (3) Section 38(2)(b) of the Act applies to an offence against subregulation (2). -- 115 of 240 -- Part 8 Commercial fisheries Division 6 Demersal Fishery Subdivision 4 Fishing in Demersal Fishery Fisheries Regulations 1992 100 107L Minimum quota units to be held at start of voyage (1) The holder of a DF licence commits an offence if: (a) the holder takes fish under the licence during a voyage; and (b) at the start of the voyage the licence did not have attached to it at least: (i) 5 350 quota units for goldband snapper; and (ii) 4 900 quota units for red snapper; and (iii) 650 quota units for grouped fish. Maximum penalty: 170 penalty units. (2) The holder of a DF licence commits an offence if: (a) the holder takes fish under the licence during a voyage; and (b) at any time during the voyage there are finfish long-lines or fish-traps on the vessel used for the voyage; and (c) at the start of the voyage the licence did not have attached to it at least: (i) 10 700 quota units for goldband snapper; and (ii) 9 800 quota units for red snapper; and (iii) 1 300 quota units for grouped fish. Maximum penalty: 170 penalty units. (3) The holder of a DF licence commits an offence if: (a) the holder takes fish under the licence during a voyage; and (b) at any time during the voyage there is finfish trawl gear on the vessel used for the voyage; and (c) at the start of the voyage the licence did not have attached to it at least: (i) 2 100 quota units for goldband snapper; and (ii) 39 150 quota units for red snapper; and -- 116 of 240 -- Part 8 Commercial fisheries Division 6 Demersal Fishery Subdivision 4 Fishing in Demersal Fishery Fisheries Regulations 1992 101 (iii) 10 950 quota units for grouped fish. Maximum penalty: 170 penalty units. 107M No fish on vessel at start of voyage (1) The holder of a DF licence must ensure none of the following are on board a vessel when a voyage is started if the holder intends to take fish under the licence from the vessel during the voyage: (a) fish that is intended for sale; (b) more than 100 kg of fish that is not intended for sale (excluding bait). Maximum penalty: 85 penalty units. (2) Subregulation (1) does not apply if the Joint Authority gives the holder written approval to take the action mentioned in subregulation (1). 107N Fishing limited to entitlement under quota units The holder of a DF licence must not, while fishing under the licence, take from the Demersal Fishery area an amount of a species group that exceeds the amount the holder is entitled to take under the quota units attached to the licence. Maximum penalty: 170 penalty units. 107P Certain fish not to be taken (1) Except as provided in subregulation (2), the holder of a DF licence must not take barramundi, king threadfin, shark, Spanish mackerel or mud crab while fishing under the licence. Maximum penalty: 170 penalty units. (2) The holder of a DF licence to whom an approval under regulation 107J applies may take 50 Spanish mackerel during each voyage undertaken under the licence in relation to which the approval was granted. 107Q No fishing under another licence during voyage (1) The holder of a DF licence must not, during one voyage, take a fish under the licence and take a fish under any other licence. Maximum penalty: 170 penalty units. -- 117 of 240 -- Part 8 Commercial fisheries Division 6 Demersal Fishery Subdivision 4 Fishing in Demersal Fishery Fisheries Regulations 1992 102 (2) Subregulation (1) does not apply if the Joint Authority gives the holder written approval to take the action mentioned in subregulation (1). 107R Fish not to be moved between vessels (1) The holder of a DF licence must ensure a fish taken under the licence is not moved from the vessel from which it was taken to another vessel. Maximum penalty: 85 penalty units. (2) Subregulation (1) does not apply if the Joint Authority gives the holder written approval to move the fish to another vessel. 107S Fish not to be processed before unloading (1) The holder of a DF licence must ensure a fish taken under the licence is not processed before it is unloaded from the vessel from which it was taken. Maximum penalty: 85 penalty units. (2) Despite subregulation (1), fish taken under the DF licence may be preserved by cooling. (3) Subregulation (1) does not apply if the Joint Authority gives the holder written approval to process the fish. 107T Prior landing notice (1) This regulation applies to the holder of a DF licence who: (a) during a voyage, has taken fish under the licence; or (b) under regulation 107E(2) has notified the Director of an intention to take fish under the licence during a voyage. (2) Between 12 and 24 hours before the vessel used for the voyage is due to land, the holder must notify the Director of the following: (a) the time the vessel is estimated to land; (b) the place the vessel will land; (c) any other information required by the Director. Maximum penalty: 85 penalty units. (3) The notice may be given orally. -- 118 of 240 -- Part 8 Commercial fisheries Division 6 Demersal Fishery Subdivision 4 Fishing in Demersal Fishery Fisheries Regulations 1992 103 107U Unloading fish The holder of a DF licence must ensure that a fish taken under the licence is unloaded from the vessel from which it was taken (or from the vessel to which the fish was moved if regulation 107R(2) applies): (a) in the Darwin port; or (b) in the Gove port; or (c) if the Joint Authority has given the holder written approval for the fish to be unloaded in another place – in the other place. Maximum penalty: 85 penalty units. 107V Weighing fish (1) The holder of a DF licence must ensure that, immediately after fish taken under the licence are unloaded, the fish are weighed using scales that: (a) are an appropriate size, taking into account the amount of fish to be weighed; and (b) have been calibrated in accordance with subregulation (2) immediately before being used to weigh the fish. Maximum penalty: 85 penalty units. (2) The scales must be calibrated using a weight: (a) that is an appropriate size, taking into account the size of the scales; and (b) that has been verified under the National Measurement Act 1960 (Cth); and (c) for which the holder has a certificate of verification given under the National Measurement Act 1960 (Cth) that has not expired. (3) Within 7 days after a request by a Fisheries Officer, the holder of a DF licence must produce to the Fisheries Officer the certificate of verification for a weight used by the holder to calibrate scales used under subregulation (1). Maximum penalty: 85 penalty units. -- 119 of 240 -- Part 8 Commercial fisheries Division 6 Demersal Fishery Subdivision 4 Fishing in Demersal Fishery Fisheries Regulations 1992 104 107W Unload notice (1) The holder of a DF licence must, within 1 hour of unloading fish taken under the licence, notify the Director of the following: (a) the time the fish were unloaded; (b) the place the fish were unloaded; (c) the amount in kilograms of each species group unloaded, as determined under regulation 107V(1); (d) the place to which the fish will be moved; (e) the name of the person who will move the fish; (f) the name of the licensee who has purchased the fish; (g) any other information required by the Director. Maximum penalty: 85 penalty units. (2) The notice may be given orally. 107X Compulsory monitoring when certain gear on vessel (1) This regulation applies to the holder of a DF licence if: (a) the holder intends to take fish under the licence during a voyage; and (b) a finfish long-line or finfish trawl gear will be on board the vessel used for the voyage. (2) The holder must: (a) ensure approved monitoring equipment is fitted to the vessel and operating at all times during the voyage; or (b) advise the Joint Authority of the holder's intention to take fish under the licence during the voyage at least 14 days before the start of the voyage, and, if the holder receives a notice mentioned in subregulation (4), the holder must not contravene the notice. Maximum penalty: 170 penalty units. (3) Section 38(2)(b) of the Act applies to an offence against subregulation (2). -- 120 of 240 -- Part 8 Commercial fisheries Division 6 Demersal Fishery Subdivision 4 Fishing in Demersal Fishery Fisheries Regulations 1992 105 (4) If advice is received under subregulation (2)(b), the Joint Authority may give the holder a notice requiring the holder to: (a) permit a specified person to travel as a fishery observer on board the vessel: (i) for the voyage; and (ii) if the voyage lasts less than 7 days – for subsequent voyages during which a finfish long-line or finfish trawl gear will be on board until the observer has been on board for at least 7 days; and (b) within 14 days of the end of each voyage, pay an observer fee of 700 revenue units per day of the voyage. (5) Subregulation (2) does not apply if the Joint Authority exempts the holder from the subregulation. (6) The exemption must be in writing and relate to a specified period or voyage. 107Y Compulsory monitoring after offence committed or infringement notice served (1) This regulation applies if the holder of a DF licence: (a) is found guilty of an offence against this Division; or (b) is served with a relevant infringement notice for an offence against this Division and pays the penalty amount indicated in the notice. (2) Without limiting regulation 107Z, within 3 months after the date of the finding of guilt or service of the infringement notice, the Joint Authority may give the holder one of the following: (a) a monitoring equipment notice mentioned in subregulation (6); (b) an observer notice mentioned in subregulation (7). (3) In deciding whether to give the holder a notice under subregulation (2), the Joint Authority must take into account the following: (a) the nature and seriousness of the offence committed or alleged to have been committed; -- 121 of 240 -- Part 8 Commercial fisheries Division 6 Demersal Fishery Subdivision 4 Fishing in Demersal Fishery Fisheries Regulations 1992 106 (b) whether the holder has previously been found guilty of, or served with an infringement notice for, an offence against this Division; (c) any other matter the Joint Authority considers relevant. (4) If a notice is given under subregulation (2), the holder must not contravene the notice. Maximum penalty: 170 penalty units. (5) Section 38(2)(b) of the Act applies to an offence against subregulation (4). (6) A monitoring equipment notice is a notice requiring the holder to do the following: (a) on or before the date (the compliance date) which is 60 days after the date of the notice – nominate as the mother boat for the DF licence a vessel fitted with approved monitoring equipment; (b) during the period of 10 months from the compliance date (the monitoring period) – ensure the equipment is operating at all times unless the Joint Authority has given the holder written approval for the equipment not to be operating; (c) within 14 days of the end of each relevant voyage – pay a data analysis fee of 10 revenue units for each day of the relevant voyage that falls within the monitoring period. (7) An observer notice is a notice requiring the holder: (a) to permit a specified person to travel as a fishery observer on board the vessel used for one or more voyages during which the holder intends to take fish under the licence until the observer has been on board for at least 7 days during those voyages; and (b) within 14 days of the end of each voyage, to pay an observer fee of 700 revenue units per day of the voyage. (8) In this regulation: relevant infringement notice means an infringement notice that includes, or has attached to it, a statement that says (or in effect says), "WARNING: If you pay the penalty amount, or are found guilty of the offence for which this infringement notice is given, the Joint Authority may give you a notice under regulation 107Y(2) of the Fisheries Regulations 1992.". -- 122 of 240 -- Part 8 Commercial fisheries Division 6 Demersal Fishery Subdivision 5 Transfer of fishery units and quota units Fisheries Regulations 1992 107 relevant voyage means a voyage: (a) during which a fish is taken under the licence; and (b) that starts or ends during the monitoring period mentioned in subregulation (6)(b). 107Z Compulsory monitoring on notice (1) The Joint Authority may at any time, by written notice, require the holder of a DF licence to do one of the following in relation to the next voyage undertaken by the holder during which the holder intends to take fish under the licence: (a) ensure approved monitoring equipment is fitted to the vessel used for the voyage and is operating at all times during the voyage; (b) permit a specified person to travel as a fishery observer on board the vessel for the voyage. (2) The holder must not contravene the notice. Maximum penalty: 85 penalty units. (3) Section 38(2)(b) of the Act applies to an offence against subregulation (2). Subdivision 5 Transfer of fishery units and quota units 108 Application for transfer and approval by Joint Authority (1) The holder of a DF licence may apply to the Joint Authority for approval to transfer one or more fishery units or quota units attached to the licence to: (a) the holder of a DF licence; or (b) an applicant for, or person who intends to apply for, a DF licence. (2) The application must be made in the approved form. (3) The Joint Authority must approve or refuse to approve the application and give the applicant written notice of the decision. (4) To avoid doubt, an application under subregulation (1) cannot be made in relation to fishery units or quota units attached to a suspended DF licence. -- 123 of 240 -- Part 8 Commercial fisheries Division 6 Demersal Fishery Subdivision 6 Register Fisheries Regulations 1992 108 108A Effective date of transfer (1) If the Joint Authority approves an application for the transfer of fishery units or quota units to the holder of a DF licence, the transfer takes effect on the later of: (a) the day after the date the approval is given; or (b) the date of transfer specified in the application. (2) If the Joint Authority approves an application for the transfer of fishery units or quota units to an applicant for, or person who intends to apply for, a DF licence: (a) the approval is conditional on the applicant or person being granted a DF licence within 14 days after the date the approval is given; and (b) the transfer takes effect on the later of: (i) the date the licence is granted to the person; or (ii) the date of transfer specified in the application. 108B Sale or transfer of fishery units by Territory The Territory may sell or transfer to the holder of a DF licence fishery units transferred to the Territory. Subdivision 6 Register 108C Allocation of fishery units or quota units (1) An allocation of fishery units or quota units to a DF licence is made by the Joint Authority entering in the register the number of fishery units or quota units that are allocated to the licence. (2) Within 7 days after making an allocation to a DF licence, the Joint Authority must give the holder of the licence written notice of the allocation. 108D Transfer of fishery units or quota units (1) As soon as practicable after an application for the transfer of fishery units or quota units has been approved, the Joint Authority must enter in the register the details of the transfer including the date on which the transfer takes effect. -- 124 of 240 -- Part 8 Commercial fisheries Division 7 Barramundi Fishery Fisheries Regulations 1992 109 (2) As soon as practicable after a transfer of fishery units or quota units takes effect or is taken to have occurred under regulation 106, the Joint Authority must amend the register to record that the number of units transferred: (a) are no longer attached to the DF licence from which they were transferred or, if transferred by the Territory, are no longer held by the Territory; and (b) are attached to the transferee's DF licence or, if transferred to the Territory, are held by the Territory. 108E Cancellation of quota units (1) The Joint Authority cancels a quota unit by recording the cancellation in the register. (2) Within 7 days after cancelling a quota unit attached to a DF licence, the Joint Authority must give the holder of the licence written notice of the cancellation. (3) If a quota unit is taken to be cancelled under regulation 107B, the Joint Authority must record the cancellation in the register as soon as practicable after the cancellation. Division 7 Barramundi Fishery 109 Number of licences (1) The Director must not grant a Barramundi Fishery licence. (2) The Director may renew a licence in accordance with the Barramundi Fishery Management Plan 1998 approved on 24 January 1991 and published in Gazette No. S5 on 31 January 1991, as amended from time to time. 110 Transfer of licence (1) A Barramundi Fishery licence may be transferred, with all units of gill net specified on the licence under the Barramundi Fishery Management Plan 1998, to another person. (2) Subregulation (1) does not apply to the transfer of gill net to the Territory. -- 125 of 240 -- Part 8 Commercial fisheries Division 10 Pearl Oyster Fishery Subdivision 1 Preliminary matters Fisheries Regulations 1992 110 Division 8 Mud Crab Fishery 111 Declaration of fishery The industry of taking mud crab is declared to be the Mud Crab Fishery. Division 9 Mollusc Fishery 115 Declaration of fishery The industry of taking fish of the Class Mollusca, other than cephalopods and bivalves of the Genus Pinctada, is hereby declared to be the Mollusc Fishery. Division 10 Pearl Oyster Fishery Subdivision 1 Preliminary matters 117 Definitions In this Division: allocation, in relation to a Pearl Oyster Fishery licensee, means the number of pearl oyster fishing units allocated to him or her under regulation 122E for a licensing year. Committee means the Northern Territory Pearl Industry Advisory Committee established under section 24 of the Act. half pearl means the concretion formed on the inner surface of either valve of a pearl oyster as a result of a person adhering an object permanently to that surface. holding area means a site at which, under a Pearl Oyster Culture Industry licence, pearl oysters taken from the wild or produced in a hatchery are held for seeding and related operations. licensing year means a calendar year. mother-of-pearl means the smooth, shining, iridescent substance forming the inner layers of the shell of a pearl oyster. pearl includes a whole, half, baroque, seedless or blister pearl from a pearl oyster, whether the pearl is natural or cultured. pearl culture unit means a pearl oyster fishing unit or a pearl oyster hatchery unit. -- 126 of 240 -- Part 8 Commercial fisheries Division 10 Pearl Oyster Fishery Subdivision 1 Preliminary matters Fisheries Regulations 1992 111 pearl farm lease means a lease granted to a licensee under section 55 of the Act for the purposes of a Pearl Oyster Culture industry licence. pearl oyster means an oyster of the genus Pinctada and includes: (a) a part of a pearl oyster; and (b) pearl oyster spat. Pearl Oyster Culture Industry means the managed fishery relating to: (a) the holding, culturing and sale of production from wildstock or hatchery produced pearl oysters; and (b) activities associated with the activities specified in paragraph (a); declared by notice in Gazette No. G28 of 17 July 1991 at page 2. Pearl Oyster Culture Industry Management Plan means the fishery management plan in force in respect of the Pearl Oyster Culture Industry. pearl oyster dump site means a site where pearl oysters taken from the wild are placed and held before movement to a holding area or a pearl farm lease, but does not include an area of land held under a pearl farm lease. pearl oyster fishing unit has the meaning it has in regulation 122D(2). pearl oyster hatchery unit has the meaning it has in the Pearl Oyster Culture Industry Management Plan. take includes sever, remove, damage, destroy or otherwise displace a pearl oyster from the wild but does not include the taking of a pearl oyster from a pearl oyster dump site, holding area or an area of land held under a pearl farm lease. total allowable catch has the meaning it has in regulation 122C(1). 118 Declaration of Pearl Oyster Fishery The industry of taking, harvesting, transporting from the wild, holding or selling species of bivalves of the genus Pinctada (pearl oysters) is the Pearl Oyster Fishery. -- 127 of 240 -- Part 8 Commercial fisheries Division 10 Pearl Oyster Fishery Subdivision 2 Grant, renewal and transfer of licences Fisheries Regulations 1992 112 119 Use and sale of pearl oysters A Pearl Oyster Fishery licensee may do any of the following: (a) subject to this Division, take pearl oysters; (b) use in accordance with a Pearl Oyster Culture Industry licence, pearl oysters taken in accordance with the Pearl Oyster Fishery licence; (c) sell pearls; (d) sell pearl meat; (e) sell pearl oysters for their mother-of-pearl content; (f) subject to this Division, transfer pearl oysters to another Pearl Oyster Fishery licensee. Subdivision 2 Grant, renewal and transfer of licences 120 Grant of licence (1) The Director may not grant a Pearl Oyster Fishery licence to a person unless: (a) the person holds a Pearl Oyster Culture Industry licence; and (b) the Director has approved the permanent transfer to the person of 20 pearl culture units in accordance with subregulation (2). (2) For subregulation (1), the 20 pearl culture units may be comprised of: (a) pearl oyster fishing units permanently transferred under Subdivision 5; or (b) a combination of pearl oyster fishing units permanently transferred under Subdivision 5 and pearl oyster hatchery units permanently transferred under Part 4 of the Pearl Oyster Culture Industry Management Plan 1998, providing that at least 5 of the pearl culture units are pearl oyster fishing units. 121 Renewal of licence (1) The Director may renew a Pearl Oyster Fishery licence held by a person only if the Director has renewed the person's Pearl Oyster Culture Industry licence. -- 128 of 240 -- Part 8 Commercial fisheries Division 10 Pearl Oyster Fishery Subdivision 3 Taking of pearl oysters Fisheries Regulations 1992 113 (2) Where the Director renews a Pearl Oyster Fishery licence, he or she must specify on the licence: (a) the total allowable catch; and (b) the licensee's allocation of pearl oyster fishing units; for the licensing year for which the licence is renewed. 122 Transfer of licence The Director may approve the transfer of a Pearl Oyster Fishery licence to a person under the Act only if the Director has approved the transfer to the person of a Pearl Oyster Culture Industry licence. Subdivision 3 Taking of pearl oysters 122A Number of pearl oysters that may be taken (1) A Pearl Oyster Fishery licensee must not, during a licensing year, take more than the number of pearl oysters represented by: (a) the licensee's allocation of pearl oyster fishing units for the licensing year; and (b) pearl oyster fishing units transferred to the licensee by: (i) a permanent transfer during the licensing year, before the pearl oysters are taken; or (ii) a temporary transfer that was in force at the time the pearl oysters are taken; less the number, if any, of pearl oysters represented by pearl oyster fishing units that are: (c) permanently transferred by him or her to another person under these Regulations during the licensing year; or (d) temporarily transferred by him or her to another person under these Regulations under a transfer that is in force in the licensing year. (2) Subregulation (1) does not apply in relation to pearl oyster spat collected under clause 9 of the Pearl Oyster Culture Industry Management Plan 1998. -- 129 of 240 -- Part 8 Commercial fisheries Division 10 Pearl Oyster Fishery Subdivision 4 Allocation of pearl oyster fishing units Fisheries Regulations 1992 114 122B Method of taking pearl oysters A Pearl Oyster Fishery licensee may take pearl oysters only by hand harvest or by another method determined by the Director. Subdivision 4 Allocation of pearl oyster fishing units 122C Total allowable catch (1) The Minister must, before the commencement of each licensing year, determine the number, if any, of pearl oysters that may be taken in the Pearl Oyster Fishery (in this regulation called the total allowable catch). (2) The Minister may, at any time during a licensing year, vary the total allowable catch for the licensing year. (3) The Minister may only vary the total allowable catch under subregulation (2) if the Minister: (a) thinks it is necessary to do so for the management of the Pearl Oyster Fishery; and (b) has consulted with the Committee as he or she thinks fit. (4) Where the Minister varies the total allowable catch under subregulation (2) the Director must note the total allowable catch, as so varied, on each Pearl Oyster Fishery licence. (5) A Pearl Oyster Fishery licensee must, at the request of the Director, return his or her licence to the Director for the purposes of subregulation (4). 122D Pearl oyster fishing units (1) The maximum number of pearl oyster fishing units is 120. (2) A pearl oyster fishing unit represents a right, during a licensing year, to do one of the following: (a) take a number of pearl oysters from the wild that represents a one hundred and twentieth part of the total allowable catch for the licensing year; (b) under a Pearl Oyster Culture Industry licence, seed in accordance with clause 11(1)(b) and (4) of the Pearl Oyster Culture Industry Management Plan 1998 a number of pearl oysters taken from the wild or from hatchery-produced spat that represents a one hundred and twentieth part of the total allowable catch for the licensing year; -- 130 of 240 -- Part 8 Commercial fisheries Division 10 Pearl Oyster Fishery Subdivision 5 Transfer of pearl oyster fishing units Fisheries Regulations 1992 115 (c) take a number of pearl oysters from the wild, and, under a Pearl Oyster Culture Industry licence, seed in accordance with clause 11(1)(b) and (4) of the Pearl Oyster Culture Industry Management Plan 1998 a number of pearl oysters taken from the wild or from hatchery-produced spat, or both, where the total number of pearl oysters taken or seeded under this regulation is not more than the number that represents a one hundred and twentieth part of the total allowable catch for the licensing year. 122E Allocation of pearl oyster fishing units Subject to this Division, the Director must, on the renewal of a Pearl Oyster Fishery licence, allocate a number of pearl oyster fishing units to the licensee for the licensing year for which the licence is renewed, being comprised of: (a) the licensee's allocation of pearl oyster fishing units for the previous licensing year; and (b) the number of pearl oyster fishing units, if any, permanently transferred to him or her under these Regulations in the previous licensing year; less the number of pearl oyster fishing units permanently transferred by him or her to another person under these Regulations during the previous licensing year. Subdivision 5 Transfer of pearl oyster fishing units 122F Transfer of pearl oyster fishing unit must be in accordance with this Division A pearl oyster fishing unit is not transferable except in accordance with this Division. 122G Application for transfer (1) A licensee may apply to the Director, in the approved form, to: (a) permanently or temporarily transfer a pearl oyster fishing unit to a Pearl Oyster Fishery licensee; or (b) permanently transfer a pearl oyster fishing unit to an applicant for, or a person who intends to apply for, a Pearl Oyster Fishery licence. -- 131 of 240 -- Part 8 Commercial fisheries Division 10 Pearl Oyster Fishery Subdivision 5 Transfer of pearl oyster fishing units Fisheries Regulations 1992 116 (2) A Pearl Oyster Fishery licensee must not, during a licensing year, apply under subregulation (1) to transfer a pearl oyster fishing unit to a person if, were the transfer to be approved: (a) the number of pearl oysters that may during the licensing year be taken under regulation 122A by the licensee; or (b) the number of pearl oysters that may during the licensing year be seeded in accordance with clause 11(1)(b) of the Pearl Oyster Culture Industry Management Plan 1998 by the licensee, would be less than the number of pearl oysters taken or seeded by the licensee during the licensing year. 122H Director must approve or refuse application (1) The Director must approve or refuse to approve an application under regulation 122G(1). (2) The Director must notify the applicant in writing of the Director's decision under subregulation (1). 122J Commencement and duration of transfer (1) Where the Director approves an application under regulation 122G(1)(a) for the transfer of a pearl oyster fishing unit to a licensee, the transfer takes effect on the day specified in the transfer. (2) Where the Director approves an application under regulation 122G(1)(b) for the transfer of a pearl oyster fishing unit to an applicant for, or a person who intends to apply for, a Pearl Oyster Fishery licence, the transfer takes effect on the grant of the licence to the person. (3) A temporary transfer of a pearl oyster fishery unit remains in force until the expiration of 30 June of the licensing year specified in the transfer to be the last year for which the transfer remains in force. 122K Where units transferred to licensee Where the Director approves an application under regulation 122G(1)(a) for the transfer of one or more pearl oyster fishing units to a licensee, the Director must specify the number of units transferred on the Pearl Oyster Fishery licences of both the transferor and the transferee. -- 132 of 240 -- Part 8 Commercial fisheries Division 10 Pearl Oyster Fishery Subdivision 6 Miscellaneous Fisheries Regulations 1992 117 122L Where units transferred to person who intends to apply for licence (1) Where the Director approves an application under regulation 122G(1)(b) for the transfer of one or more pearl oyster fishing units to an applicant for, or a person who intends to apply for, a Pearl Oyster Fishery licence, the Director must specify on the transferor's Pearl Oyster Fishery licence the number of units to be transferred from the licensee on the grant of the licence to the person. (2) Where the Director approves and application under regulation 122G(1)(b) for the transfer of one or more pearl oyster fishing units to an applicant for, or a person who intends to apply for, a Pearl Oyster Fishery licence, the Director must specify on the Pearl Oyster Fishery licence granted to the person: (a) the number of pearl oyster fishing units permanently transferred to him or her on the grant of the licence; and (b) the total allowable catch on respect of the licensing year in which the pearl oyster fishing units are transferred. 122M Licence revoked if minimum number of pearl culture units not held after transfer Where a Pearl Oyster Culture Industry licence held by a person is revoked under regulation 180, his or her Pearl Oyster Fishery licence is, by force of this regulation, revoked. Subdivision 6 Miscellaneous 122N Transfer of pearl oysters A Pearl Oyster Fishery licensee must not transfer pearl oysters to another person except in accordance with the Pearl Oyster Culture Industry Management Plan 1998. 122P Pearl oyster fishery dump sites (1) A Pearl Oyster Fishery licensee may place on a pearl oyster dump site pearl oysters taken under the Pearl Oyster Fishery licence. (2) The licensee must inform the Director, in writing, of the location of a pearl oyster dump site within 7 days after establishing it. -- 133 of 240 -- Part 8 Commercial fisheries Division 12 Aquarium Fishing/Display Fishery Fisheries Regulations 1992 118 122Q Licensee must permit inspection of pearl oysters It is a condition of a Pearl Oyster Fishery licence that the licensee must permit the inspection, by a person authorised in writing by the Director, of all pearl oysters in the possession of the licensee. 122R No unauthorised removal of pearl oysters A Pearl Oyster Fishery licensee or a Pearl Oyster Culture Industry licensee must not remove a pearl oyster from: (a) a pearl oyster dump site; or (b) a holding area; or (c) an area of land to which a pearl farm lease relates; except with the consent of the holder of the licence to which the site, area or farm relates. Division 12 Aquarium Fishing/Display Fishery 129 Declaration of fishery The industry of collecting live fish and aquatic life for the purpose of sale and display in aquariums is hereby declared to be the Aquarium Fishing/Display Fishery. 130 Number of licences The Director must not grant more than 12 Aquarium Fishing/Display Fishery licences. 131 Area of fishery The Aquarium Fishing/Display Fishery area is all inland waters and waters seaward from the coastline to the outer boundary of the Australian fishing zone. 132 Purchase or sale of fish (1) An Aquarium Fishing/Display Fishery licensee must not under the licence: (a) take other than live fish or aquatic life; or (b) except with the approval of the Director, take barramundi, Spanish mackerel, mud crab or organisms of the species Macrobrachium or the species Cherax; or -- 134 of 240 -- Part 8 Commercial fisheries Division 13 Trepang Fishery Fisheries Regulations 1992 119 (c) buy fish or aquatic life other than from an Aquaculture licensee, Ornamental Aquaculture licensee, Aboriginal Coastal licensee or Aquarium Fishing/Display Fishery licensee; or (d) take broodstock for sale to an Aquaculture licensee or Ornamental Aquaculture licensee except with the approval of the Director. (2) An Aquarium Fishing/Display Fishery licensee may display and sell live fish or aquatic life taken in the Territory or imported into the Territory under a permit granted in accordance with the Act. (3) An Aquarium Fishing/Display Fishery licensee must not sell fish for human consumption or for use as bait. 133 Fishing gear An Aquarium Fishing/Display Fishery licensee shall not use gear other than gear, such as a cast net, a scoop net, a hand pump or a freshwater pot, approved by the Director for the purposes of the licence and where directions in respect of such implements are given by the Director, shall use them only in accordance with those directions. Division 13 Trepang Fishery 134 Declaration of fishery The industry of taking trepang is hereby declared to be the Trepang Fishery. 135 Number of licences The Director must not grant more than 6 Trepang Fishery licences. 135A Transfer of licences A person who holds a Trepang Fishery licence may transfer the licence. 136 Area of fishery The Trepang Fishery area is the area extending seaward from the high water mark of the coastline to an imaginary line 3 nautical miles seaward from the baseline. -- 135 of 240 -- Part 8 Commercial fisheries Division 14 Development Fisheries Regulations 1992 120 137 Fishing gear A Trepang Fishery licensee shall not, under the licence, use fishing gear other than hand-held implements, and, where directions in respect of such implements are given by the Director, shall use them only in accordance with those directions. Division 14 Development 138 Licence required to trial gear or fishing methods For section 10(1)(f) of the Act, the carrying out of trials and experiments with fishing gear or new methods of fishing is able to be done only under a licence. 139 Director may grant licence The Director may grant a Development Fishery licence to permit: (a) the carrying out of trials or experiments with fishing gear or new methods of using fishing gear; and (b) the taking of a specific species of fish or aquatic life for sale; and (c) the taking, for sale, of fish or aquatic life from specific areas. 140 Period of licence &c. A Development Fishery licence: (a) must not be granted for a period of more than one year; and (b) must not be renewed more than 4 times; and (c) gives the holder of the licence no interest in, right to, or legitimate expectation of an interest in or a right to, the grant of another commercial fishing licence. 141 No transfer of licence A Development Fishery licensee shall not transfer his or her licence. -- 136 of 240 -- Part 8 Commercial fisheries Division 15 Timor Reef Fishery Subdivision 1 Preliminary matters Fisheries Regulations 1992 121 Division 15 Timor Reef Fishery Subdivision 1 Preliminary matters 141A Definitions In this Division: fishery unit, see regulation 141F(1). quota unit, see regulation 141J(1). register means the register maintained under section 9(1) of the Act in relation to the Timor Reef Fishery. total allowable catch, see regulation 141H. TRF area means the Timor Reef Fishery area specified in regulation 141C. TRF licence means a Timor Reef Fishery licence. 141B Declaration of Timor Reef Fishery The industry of taking fin fish (other than barramundi, threadfin salmon, spanish mackerel, shark or mud crab) by vertical line, drop line attached to or free from a vessel, finfish long-line, fish-trap, scoop net or gaff in the TRF area, is hereby declared to be the Timor Reef Fishery. 141C Area of fishery The Timor Reef Fishery area is the area of the sea bounded by a line: (a) commencing at the point of intersection of the meridian of longitude 131 o east and the parallel of latitude 10 o 30' south; and (b) from there west along the parallel 10 o 30' south to its intersection by the meridian of longitude 129 o 40' east; and (c) from there south along that meridian to its intersection by the parallel of latitude 11 o south; and (d) from there west along the parallel of latitude 11 o south to its intersection by the outer boundary of the Australian fishing zone; and -- 137 of 240 -- Part 8 Commercial fisheries Division 15 Timor Reef Fishery Subdivision 2 Licences and fishery units Fisheries Regulations 1992 122 (e) from there generally north-easterly along the outer boundary of the Australian fishing zone to its intersection by the meridian of longitude 131 o east; and (f) from there south along that meridian to its intersection by the parallel of latitude 10 o 30' south. Subdivision 2 Licences and fishery units 141D TRF licence (1) The holder of a TRF licence may participate in the Timor Reef Fishery in accordance with this Division. (2) A TRF licence cannot be transferred. 141E Grant of TRF licence The Joint Authority may grant a TRF licence to a person if: (a) the person has applied for the licence; and (b) at least one of the following apply: (i) the Joint Authority has approved the transfer of fishery units or quota units to the person; (ii) the Territory proposes to transfer fishery units to the person. Note for regulation 141E Regulation 218 also provides for the grant of TRF licences. 141F Fishery units generally (1) A fishery unit is a unit that entitles the holder of the TRF licence to which the unit is attached to be allocated a share of the total allowable catch for the species group to which the unit relates. (2) A fishery unit does not expire. (3) A fishery unit may be transferred under Subdivision 5. (4) A fishery unit attached to a TRF licence that is cancelled is taken to be transferred to the Territory on the day of the cancellation. (5) A fishery unit attached to a TRF licence that expires and is not renewed within the period permitted under section 16 of the Act is taken to be transferred to the Territory on the day after the period ends. -- 138 of 240 -- Part 8 Commercial fisheries Division 15 Timor Reef Fishery Subdivision 3 Total allowable catch and quota units Fisheries Regulations 1992 123 141G Total number of fishery units In the Timor Reef Fishery there are a total of: (a) 899 998 fishery units for goldband snapper; and (b) 1 300 002 fishery units for red snapper; and (c) 415 008 fishery units for grouped fish. Subdivision 3 Total allowable catch and quota units 141H Total allowable catch The total amount of fish that may be taken under all TRF licences during a licensing year (the total allowable catch) for the following species groups is: (a) 899 998 kg of goldband snapper; (b) 1 300 002 kg of red snapper; (c) 415 008 kg of grouped fish. 141J Quota units generally (1) A quota unit is a unit that, until it is used or expires, entitles the holder of the TRF licence to which the unit is attached to take 1 kg of the species group to which the quota unit relates from the TRF area in accordance with this Division. (2) A quota unit is used when the holder of the TRF licence to which the unit is attached uses the entitlement under the quota unit to take 1 kg of the species group to which the quota unit relates from the TRF area. (3) A quota unit expires on 30 June of the licensing year in which the unit was allocated. (4) A quota unit may be transferred under Subdivision 5. (5) The Joint Authority must, if satisfied the holder of a TRF licence has used one or more quota units attached to the licence: (a) cancel the number of quota units attached to the licence that equals the number of units used; and (b) in doing so – cancel quota units allocated under regulation 141JB before cancelling any other quota units attached to the licence. -- 139 of 240 -- Part 8 Commercial fisheries Division 15 Timor Reef Fishery Subdivision 3 Total allowable catch and quota units Fisheries Regulations 1992 124 (6) A quota unit is taken to be cancelled if: (a) it expires; or (b) the TRF licence to which it is attached is cancelled. 141JA Annual allocation of quota units (1) On 1 July in each licensing year, the Joint Authority must allocate the number of quota units mentioned in subregulation (3) to each TRF licence to which fishery units are attached. (2) If a TRF licence to which fishery units are attached is renewed after 1 July in a licensing year, on the date the licence is renewed, the Joint Authority must allocate the number of quota units mentioned in subregulation (3) to the licence. (3) The number of quota units for each species group to be allocated is the number calculated in accordance with the following formula: A = L ÷ T x TAC where: A is the number of quota units for the relevant species group to be allocated to the TRF licence. L is the number of fishery units for the relevant species group attached to the TRF licence on the date of the allocation before any transfers of fishery units to or from the licence take effect. T is the total number of fishery units for the relevant species group as mentioned in regulation 141G. TAC is the total allowable catch for the relevant species group. (4) However, if the number of quota units to be allocated is not a multiple of 1, the number must be: (a) rounded to the nearest whole unit; or (b) if the number is a multiple of 0.5 – rounded up to the nearest whole unit. (5) If, under subregulation (1) or (2), the Joint Authority is required to allocate quota units to a TRF licence in relation to which any fees are due then, despite the subregulation: (a) the Joint Authority must not allocate quota units to the licence until the fees are paid; and -- 140 of 240 -- Part 8 Commercial fisheries Division 15 Timor Reef Fishery Subdivision 3 Total allowable catch and quota units Fisheries Regulations 1992 125 (b) when the allocation is made, the number of quota units to be allocated must be calculated as if the allocation had been made on the date required under subregulation (1) or (2). 141JB Additional allocation of quota units for undercatch (1) This regulation applies if: (a) one or more eligible quota units attached to a TRF licence expire at the end of a licensing year (the first year); and (b) the licence is renewed the following licensing year (the second year). (2) The Joint Authority must allocate to the TRF licence the number of quota units for each species group that is equal to the lesser of: (a) the number of eligible quota units for the relevant species group that expired at the end of the first year; or (b) the number of quota units for the relevant species group (the relevant number) calculated in accordance with the following formula: A = (AQ + BQ - TQ) x 0.2 where: A is the relevant number. AQ is the number of eligible quota units for the relevant species group that were allocated to the licence during the first year. BQ is the number of eligible quota units for the relevant species group that were transferred to the holder of the licence during the first year. TQ is the number of eligible quota units for the relevant species group that were transferred from the licence during the first year. (3) However, if the number of quota units to be allocated is not a multiple of 1, the number must be: (a) rounded to the nearest whole unit; or (b) if the number is a multiple of 0.5 – rounded up to the nearest whole unit. -- 141 of 240 -- Part 8 Commercial fisheries Division 15 Timor Reef Fishery Subdivision 4 Fishing in Timor Reef Fishery Fisheries Regulations 1992 126 (4) The allocation under subregulation (2) must be made: (a) immediately after an allocation to the TRF licence is made under regulation 141JA; or (b) if the information required to make the allocation is not available at that time – as soon as practicable after the information becomes available. (5) However, if under subregulation (4)(b) the Joint Authority is required to allocate quota units to a TRF licence in relation to which any fees are due then, despite subregulation (4)(b), the Joint Authority must not allocate the quota units to the licence until the fees are paid. (6) In this regulation: eligible quota units means: (a) quota units allocated to the TRF licence under regulation 141JA or 221; or (b) quota units allocated to another TRF licence under regulation 141JA or 221 and subsequently transferred to the holder of the TRF licence. Subdivision 4 Fishing in Timor Reef Fishery 141JC Notice of intention to fish (1) This regulation applies to the holder of a TRF licence who intends to take fish under the licence during a voyage. (2) Between 1 and 12 hours before starting the voyage, the holder must notify the Director of the following: (a) the holder's intention to take fish under the licence during the voyage; (b) the time the voyage will start; (c) the estimated duration of the voyage; (d) the type of fishing gear the holder intends to use during the voyage; (e) any other information about the voyage required by the Director. Maximum penalty: 85 penalty units. -- 142 of 240 -- Part 8 Commercial fisheries Division 15 Timor Reef Fishery Subdivision 4 Fishing in Timor Reef Fishery Fisheries Regulations 1992 127 (3) The notice may be given orally. 141JD Permitted fishing gear (1) The holder of a TRF licence must not use any fishing gear other than the following to take fish under the licence: (a) vertical lines; (b) drop lines attached to or free from a vessel; (c) finfish long-lines; (d) fish-traps; (e) scoop nets; (f) gaffs. Maximum penalty: 170 penalty units. (2) The holder of a TRF licence must not use a fish-trap attached to another fish-trap to take fish under the licence. Maximum penalty: 170 penalty units. 141JDA Maintenance and operation of VMS (1) The holder of a TRF licence must maintain the vessel monitoring system fitted to the mother boat for the licence in accordance with the manufacturer's instructions. Maximum penalty: 85 penalty units. (2) In addition, the holder must ensure the vessel monitoring system is operating at all times unless the Joint Authority has given the holder written approval for the system not to be operating. Maximum penalty: 85 penalty units. (3) Section 38(2)(b) of the Act applies to an offence against subregulation (2). 141JE Minimum quota units to be held at start of voyage (1) The holder of a TRF licence commits an offence if: (a) the holder takes fish under the licence during a voyage; and -- 143 of 240 -- Part 8 Commercial fisheries Division 15 Timor Reef Fishery Subdivision 4 Fishing in Timor Reef Fishery Fisheries Regulations 1992 128 (b) at the start of the voyage the licence did not have attached to it at least: (i) 6 200 quota units for goldband snapper; and (ii) 3 800 quota units for red snapper; and (iii) 1 000 quota units for grouped fish. Maximum penalty: 170 penalty units. (2) The holder of a TRF licence commits an offence if: (a) the holder takes fish under the licence during a voyage; and (b) at any time during the voyage there are finfish long-lines or fish-traps on the vessel used for the voyage; and (c) at the start of the voyage the licence did not have attached to it at least: (i) 12 450 quota units for goldband snapper; and (ii) 7 650 quota units for red snapper; and (iii) 1 950 quota units for grouped fish. Maximum penalty: 170 penalty units. 141JF No fish on vessel at start of voyage The holder of a TRF licence must ensure none of the following are on board a vessel when a voyage is started if the holder intends to take fish under the licence from the vessel during the voyage: (a) fish that is intended for sale; (b) more than 100 kg of fish that is not intended for sale (excluding bait). Maximum penalty: 85 penalty units. 141JG Fishing limited to entitlement under quota units The holder of a TRF licence must not, while fishing under the licence, take from the TRF area an amount of a species group that exceeds the amount the holder is entitled to take under the quota units attached to the licence. Maximum penalty: 170 penalty units. -- 144 of 240 -- Part 8 Commercial fisheries Division 15 Timor Reef Fishery Subdivision 4 Fishing in Timor Reef Fishery Fisheries Regulations 1992 129 141JH Certain fish not to be taken The holder of a TRF licence must not take barramundi, king threadfin, Spanish mackerel, shark or mud crab while fishing under the licence. Maximum penalty: 170 penalty units. 141JI No fishing under another licence during voyage (1) The holder of a TRF licence must not, during one voyage, take a fish under the licence and take a fish under any other licence. Maximum penalty: 170 penalty units. (2) Subregulation (1) does not apply if the Joint Authority gives the holder written approval to take the action mentioned in subregulation (1). 141JJ Fish not to be moved between vessels (1) The holder of a TRF licence must ensure a fish taken under the licence is not moved from the vessel from which it was taken to another vessel. Maximum penalty: 85 penalty units. (2) Subregulation (1) does not apply if the Joint Authority gives the holder written approval to move the fish to another vessel. 141JK Fish not to be processed before unloading (1) The holder of a TRF licence must ensure a fish taken under the licence is not processed before it is unloaded from the vessel from which it was taken. Maximum penalty: 85 penalty units. (2) Despite subregulation (1), fish taken under the TRF licence may be preserved by cooling. (3) Subregulation (1) does not apply if the Joint Authority gives the holder written approval to process the fish. 141JL Prior landing notice (1) This regulation applies to the holder of a TRF licence who: (a) during a voyage, has taken fish under the licence; or -- 145 of 240 -- Part 8 Commercial fisheries Division 15 Timor Reef Fishery Subdivision 4 Fishing in Timor Reef Fishery Fisheries Regulations 1992 130 (b) under regulation 141JC(2) has notified the Director of an intention to take fish under the licence during a voyage. (2) Between 12 and 24 hours before the vessel used for the voyage is due to land at the Darwin port, the holder must notify the Director of the following: (a) the time the vessel is estimated to land at the Darwin port; (b) the place the vessel will land; (c) any other information required by the Director. Maximum penalty: 85 penalty units. (3) The notice may be given orally. 141JM Unloading fish The holder of a TRF licence must ensure that a fish taken under the licence is unloaded from the vessel from which it was taken (or from the vessel to which the fish was moved if regulation 141JJ(2) applies): (a) in the Darwin port; or (b) if the Joint Authority has given the holder written approval for the fish to be unloaded in another place – in the other place. Maximum penalty: 85 penalty units. 141JN Weighing fish (1) The holder of a TRF licence must ensure that, immediately after fish taken under the licence are unloaded, the fish are weighed using scales that: (a) are an appropriate size, taking into account the amount of fish to be weighed; and (b) have been calibrated in accordance with subregulation (2) immediately before being used to weigh the fish. Maximum penalty: 85 penalty units. (2) The scales must be calibrated using a weight: (a) that is an appropriate size, taking into account the size of the scales; and -- 146 of 240 -- Part 8 Commercial fisheries Division 15 Timor Reef Fishery Subdivision 4 Fishing in Timor Reef Fishery Fisheries Regulations 1992 131 (b) that has been verified under the National Measurement Act 1960 (Cth); and (c) for which the holder has a certificate of verification given under the National Measurement Act 1960 (Cth) that has not expired. (3) Within 7 days after a request by a Fisheries Officer, the holder of a TRF licence must produce to the Fisheries Officer the certificate of verification for a weight used by the holder to calibrate scales used under subregulation (1). Maximum penalty: 85 penalty units. 141JO Unload notice (1) The holder of a TRF licence must, within 1 hour of unloading fish taken under the licence, notify the Director of the following: (a) the time the fish were unloaded; (b) the place the fish were unloaded; (c) the amount in kilograms of each species group unloaded, as determined under regulation 141JN(1); (d) the place to which the fish will be moved; (e) the name of the person who will move the fish; (f) the name of the licensee who has purchased the fish; (g) any other information required by the Director. Maximum penalty: 85 penalty units. (2) The notice may be given orally. 141JP Compulsory monitoring when finfish long-line on vessel (1) This regulation applies to the holder of a TRF licence if: (a) the holder intends to take fish under the licence during a voyage; and (b) a finfish long-line will be on board the vessel used for the voyage. -- 147 of 240 -- Part 8 Commercial fisheries Division 15 Timor Reef Fishery Subdivision 4 Fishing in Timor Reef Fishery Fisheries Regulations 1992 132 (2) The holder must: (a) ensure approved monitoring equipment is fitted to the vessel and operating at all times during the voyage; or (b) advise the Joint Authority of the holder's intention to take fish under the licence during the voyage at least 14 days before the start of the voyage, and, if the holder receives a notice mentioned in subregulation (4), the holder must not contravene the notice. Maximum penalty: 170 penalty units. (3) Section 38(2)(b) of the Act applies to an offence against subregulation (2). (4) If advice is received under subregulation (2)(b), the Joint Authority may give the holder a notice requiring the holder to: (a) permit a specified person to travel as a fishery observer on board the vessel: (i) for the voyage; and (ii) if the voyage lasts less than 7 days – for subsequent voyages during which a finfish long-line will be on board until the observer has been on board for at least 7 days; and (b) within 14 days of the end of each voyage, pay an observer fee of 700 revenue units per day of the voyage. (5) Subregulation (2) does not apply if the Joint Authority exempts the holder from the subregulation. (6) The exemption must be in writing and relate to a specified period or voyage. 141JQ Compulsory monitoring after offence committed or infringement notice served (1) This regulation applies if the holder of a TRF licence: (a) is found guilty of an offence against this Division; or (b) is served with a relevant infringement notice for an offence against this Division and pays the penalty amount indicated in the notice. -- 148 of 240 -- Part 8 Commercial fisheries Division 15 Timor Reef Fishery Subdivision 4 Fishing in Timor Reef Fishery Fisheries Regulations 1992 133 (2) Without limiting regulation 141JR, within 3 months after the date of the finding of guilt or service of the infringement notice, the Joint Authority may give the holder one of the following: (a) a monitoring equipment notice mentioned in subregulation (5); (b) an observer notice mentioned in subregulation (6). (3) In deciding whether to give the holder a notice under subregulation (2), the Joint Authority must take into account the following: (a) the nature and seriousness of the offence committed or alleged to have been committed; (b) whether the holder has previously been found guilty of, or served with an infringement notice for, an offence against this Division; (c) any other matter the Joint Authority considers relevant. (4) If a notice is given under subregulation (2), the holder must not contravene the notice. Maximum penalty: 170 penalty units. (4A) Section 38(2)(b) of the Act applies to an offence against subregulation (4). (5) A monitoring equipment notice is a notice requiring the holder to do the following: (a) on or before the date (the compliance date) which is 60 days after the date of the notice – nominate as the mother boat for the TRF licence a vessel fitted with approved monitoring equipment; (b) during the period of 10 months from the compliance date (the monitoring period) – ensure the equipment is operating at all times unless the Joint Authority has given the holder written approval for the equipment not to be operating; (c) within 14 days of the end of each relevant voyage – pay a data analysis fee of 10 revenue units for each day of the relevant voyage that falls within the monitoring period. -- 149 of 240 -- Part 8 Commercial fisheries Division 15 Timor Reef Fishery Subdivision 4 Fishing in Timor Reef Fishery Fisheries Regulations 1992 134 (6) An observer notice is a notice requiring the holder: (a) to permit a specified person to travel as a fishery observer on board the vessel used for one or more voyages during which the holder intends to take fish under the licence until the observer has been on board for at least 7 days during those voyages; and (b) within 14 days of the end of each voyage, to pay an observer fee of 700 revenue units per day of the voyage. (7) In this regulation: relevant infringement notice means an infringement notice that includes, or has attached to it, a statement that says (or in effect says), "WARNING: If you pay the penalty amount, or are found guilty of the offence for which this infringement notice is given, the Joint Authority may give you a notice under regulation 141JQ(2) of the Fisheries Regulations 1992.". relevant voyage means a voyage: (a) during which a fish is taken under the licence; and (b) that starts or ends during the monitoring period mentioned in subregulation (5)(b). 141JR Compulsory monitoring on notice (1) The Joint Authority may at any time, by written notice, require the holder of a TRF licence to do one of the following in relation to the next voyage undertaken by the holder during which the holder intends to take fish under the licence: (a) ensure approved monitoring equipment is fitted to the vessel used for the voyage and is operating at all times during the voyage; (b) permit a specified person to travel as a fishery observer on board the vessel for the voyage. (2) The holder must not contravene the notice. Maximum penalty: 85 penalty units. (3) Section 38(2)(b) of the Act applies to an offence against subregulation (2). -- 150 of 240 -- Part 8 Commercial fisheries Division 15 Timor Reef Fishery Subdivision 5 Transfer of fishery units and quota units Fisheries Regulations 1992 135 Subdivision 5 Transfer of fishery units and quota units 141JS Application for transfer and approval by Joint Authority (1) The holder of a TRF licence may apply to the Joint Authority for approval to transfer one or more fishery units or quota units attached to the licence to: (a) the holder of a TRF licence; or (b) an applicant for, or person who intends to apply for, a TRF licence. (2) The application must be made in the approved form. (3) The Joint Authority must approve or refuse to approve the application and give the applicant written notice of the decision. (4) To avoid doubt, an application under subregulation (1) cannot be made in relation to fishery units or quota units attached to a suspended TRF licence. 141JT Effective date of transfer (1) If the Joint Authority approves an application for the transfer of fishery units or quota units to the holder of a TRF licence, the transfer takes effect on the later of: (a) the day after the date the approval is given; or (b) the date of transfer specified in the application. (2) If the Joint Authority approves an application for the transfer of fishery units or quota units to an applicant for, or person who intends to apply for, a TRF licence: (a) the approval is conditional on the applicant or person being granted a TRF licence within 14 days after the date the approval is given; and (b) the transfer takes effect on the later of: (i) the date the licence is granted to the person; or (ii) the date of transfer specified in the application. 141JU Sale or transfer of fishery units by Territory The Territory may sell or transfer to the holder of a TRF licence fishery units transferred to the Territory. -- 151 of 240 -- Part 8 Commercial fisheries Division 17 Jigging Fishery Fisheries Regulations 1992 136 Subdivision 6 Register 141JV Allocation of fishery units or quota units (1) An allocation of fishery units or quota units to a TRF licence is made by the Joint Authority entering in the register the number of fishery units or quota units that are allocated to the licence. (2) Within 7 days after making an allocation to a TRF licence, the Joint Authority must give the holder of the licence written notice of the allocation. 141JW Transfer of fishery units or quota units (1) As soon as practicable after an application for the transfer of fishery units or quota units has been approved, the Joint Authority must enter in the register the details of the transfer including the date on which the transfer takes effect. (2) As soon as practicable after a transfer of fishery units or quota units takes effect or is taken to have occurred under regulation 141F, the Joint Authority must amend the register to record that the number of units transferred: (a) are no longer attached to the TRF licence from which they were transferred or, if transferred by the Territory, are no longer held by the Territory; and (b) are attached to the transferee's TRF licence or, if transferred to the Territory, are held by the Territory. 141JX Cancellation of quota units (1) The Joint Authority cancels a quota unit by recording the cancellation in the register. (2) Within 7 days after cancelling a quota unit attached to a TRF licence, the Joint Authority must give the holder of the licence written notice of the cancellation. (3) If a quota unit is taken to be cancelled under regulation 141J, the Joint Authority must record the cancellation in the register as soon as practicable after the cancellation. Division 17 Jigging Fishery 141R Declaration of Jigging Fishery The industry of taking squid by jigging gear is hereby declared to be the Jigging Fishery. -- 152 of 240 -- Part 9 Processing and sale of fish Division 1 Licensing generally Fisheries Regulations 1992 137 141S Entry criteria (1) The Director shall not grant a Jigging Fishery licence other than to a person who held, immediately before 3 February 1995, a permit issued under the Commonwealth Act entitling him or her to jig for squid. (2) The Director shall grant a Jigging Fishery licence to each person who held, immediately before 3 February 1995, a permit referred to in subregulation (1). 141T Transfer of licence (1) A Jigging Fishery licensee shall not transfer his or her licence. (2) Subregulation (1) does not apply in relation to a Jigging Fishery licence in force immediately before 1 October 1997. 141U Area of fishery The Jigging Fishery area is the area extending seaward from an imaginary line following the coastline 3 nautical miles seaward from the low water mark to the outer boundary of the Australian fishing zone. 141W Fishing gear A Jigging Fishery licensee shall not use under the licence fishing gear other than jigging gear. 141Y Certain fish not to be taken A Jigging Fishery licensee must not take barramundi, king threadfin, Spanish mackerel, shark, other fin fish or mud crab under the licence. Part 9 Processing and sale of fish Division 1 Licensing generally 142 Application of Part This Part does not apply in respect of processed fish imported into the Territory packaged for sale to a final consumer and marked with the State, Territory or country from which the fish originated. -- 153 of 240 -- Part 9 Processing and sale of fish Division 1 Licensing generally Fisheries Regulations 1992 138 143 Criteria for grant or renewal The matters to which the Director may have regard in considering an application for the grant or renewal of a Fish Trader/Processor licence, a Fish Retailer licence or a Fish Broker licence include: (a) whether the applicant's financial resources are, in the opinion of the Director, sufficient to enable commercial use of the licence; and (b) whether the applicant has attained the age of 18 years; and (c) whether the applicant has all approvals required under any other Act of the Territory to conduct the operation; and (d) where an applicant has previously held a licence under this Act, whether the applicant has supplied all accounts, records, returns and information in the approved manner and form and within the time prescribed or specified by the Director. 144 Application The Director must not grant or renew a Fish Trader/Processor licence or a Fish Retailer licence unless the application: (a) indicates the address of; and (b) is accompanied by documentary evidence of all approvals required under any Act of the Territory in order to lawfully process fish at; the place at which the processing is to occur. 145 Place of processing (1) The Director shall not grant a Fish Trader/Processor licence or Fish Retailer licence in respect of a domestic dwelling unless the dwelling: (a) conforms with the requirements of or under the Food Act 2004 in respect of food processing; and (b) shall not contravene the development provisions, or an interim development control order, under the Planning Act 1999. (2) A Fish Trader/Processor licensee and a Fish Retailer licensee shall display, in a prominent position at each of the places specified on the licence, the number and expiry date of the licence. -- 154 of 240 -- Part 9 Processing and sale of fish Division 2 Fish Trader/Processor Fisheries Regulations 1992 139 (3) A Fish Trader/Processor licensee and a Fish Retailer licensee shall not process fish for sale except at a place specified in the licence. 147 Sale of live fish to certain licensees prohibited (1) A person who holds a licence for this Part, or an assistant, must not sell live fish or aquatic life to the holder of: (a) an Aquarium Fishing/Display Fishery licence; or (b) an Aquarium Trader licence; or (c) a Public Aquarium licence. (2) However, subregulation (1) does not apply if the purchaser purchases the fish or aquatic life for some purpose other than a purpose of the licence held by the purchaser. 148 Labelling of fish from aquaculture facility The holder of a licence for the purposes of this Part must ensure that all fish for sale which the licensee purchases for sale from an aquaculture facility have attached to them or are accompanied by a statement indicating: (a) the number of the licence under which the fish were bred or held; and (b) that the fish is the product of an aquaculture facility situated in the Northern Territory; and (c) such other information as required by the Director; and must not sell such fish, other than fish forming part of a meal or such fish sold for use as bait, unless the fish is labelled in accordance with this regulation. 149 Fish on premises deemed to be for sale Fish at a place specified on a licence shall be deemed to be fish for sale. Division 2 Fish Trader/Processor 150 Fish Trader/Processor may process and resell Subject to this Division, a Fish Trader/Processor licensee may purchase fish or aquatic life for processing and resale. -- 155 of 240 -- Part 9 Processing and sale of fish Division 3 Fish Retailer Fisheries Regulations 1992 140 151 Purchase of fish A Fish Trader/Processor licensee must not purchase fish or aquatic life for processing and resale except: (a) from a person who holds a commercial fishing licence permitting the taking of that fish or aquatic life; or (b) from a person who holds an appropriate licence under a law of the Commonwealth, a State or another Territory; or (c) from a Fish Trader/Processor licensee, a Fish Broker licensee, an Aquaculture licensee, an Aboriginal Coastal licensee or a Pearl Oyster Culture Industry licensee; or (d) where the fish is live fish and the Territory was not the first landing point of the fish or aquatic life, pursuant to a permit granted under the Act; or (e) from an interstate or overseas supplier. 152 Export of food If the place in respect of which a Fish Trader/Processor licence is granted is permitted, licensed, registered, or otherwise certified under an Act of the Commonwealth as approved premises for the production of food for export, the terms of that Act shall, in relation to standards of health and hygiene on those premises, apply to the exclusion of the Fisheries Act 1988, these Regulations or an instrument of a legislative or administrative character made under the Fisheries Act 1988, but shall not prevent the entry onto that place of officers appointed under the Fisheries Act 1988. Division 3 Fish Retailer 154 Sale of fish A Fish Retailer licensee may process fish but shall not sell fish, whether or not processed, except to a person not purchasing them for the purpose of resale. 155 Purchase of fish A Fish Retailer licensee must not purchase fish or aquatic life for resale except: (a) from a person who holds a commercial fishing licence permitting the taking of that fish or aquatic life; or -- 156 of 240 -- Part 9 Processing and sale of fish Division 4 Fish Broker Fisheries Regulations 1992 141 (b) from a person who holds an appropriate licence under a law of the Commonwealth or a State or another Territory; or (c) from a Fish Trader/Processor licensee, a Fish Broker licensee, an Aquaculture licensee, an Aboriginal Coastal licensee or a Pearl Oyster Culture Industry licensee; or (d) where the fish is live fish and the Territory was not the first landing point of the fish or aquatic life, under a permit granted under the Act; or (e) from an interstate or overseas supplier. Division 4 Fish Broker 156 Fish Broker licence (1) A Fish Broker licensee may purchase fish for re-sale and sell fish. (2) A Fish Broker licensee shall not process fish for sale. 157 Sale of fish A Fish Broker licensee must not sell fish except to: (a) the holder of a licence for the purposes of this Part; or (b) a person who holds an appropriate licence under a law of the Commonwealth or a State or another Territory; or (c) in accordance with an export permit granted under an Act of the Commonwealth; or (d) an interstate or overseas purchaser. 158 Purchase of fish A Fish Broker licensee must not purchase fish or aquatic life for resale except: (a) from a person who holds a commercial fishing licence permitting the taking of that fish or aquatic life; or (b) from a person who holds an appropriate licence under a law of the Commonwealth, a State or another Territory; or (c) from a Fish Trader/Processor licensee, a Fish Broker licensee, an Aquaculture licensee, an Aboriginal Coastal licensee or a Pearl Oyster Culture Industry licensee; or -- 157 of 240 -- Part 10 Aquaculture Division 1 Licensing generally Fisheries Regulations 1992 142 (d) where the fish is live fish and the Territory was not the first landing point of the fish or aquatic life, under a permit granted under the Act; or (e) from an interstate or overseas purchaser. Division 5 Sale of fish from Demersal Fishery or Timor Reef Fishery 158A Sale of fish to licence holder The holder of a Demersal Fishery licence or Timor Reef Fishery licence must not sell fish taken under the licence to a person unless the person holds one of the following licences: (a) Fish Broker licence; (b) Fish Retailer licence; (c) Fish Trader/Processor licence. Maximum penalty: 85 penalty units. Part 10 Aquaculture Division 1 Licensing generally 160 Criteria for grant or renewal The matters to which the Director may have regard in considering an application for the grant or renewal of a licence under this Part include: (a) whether the applicant's financial resources are, in the opinion of the Director, sufficient to enable commercial use of the licence; and (b) whether the applicant has attained the age of 18 years; and (c) whether the applicant has all approvals required under any other Act of the Territory to conduct the operation; and (d) where an applicant has previously held a licence under this Act, whether the applicant has supplied all accounts, records, returns and information in the approved manner and form and within the time prescribed or specified by the Director; and (e) any other criteria set out in these Regulations in respect of the licence. -- 158 of 240 -- Part 10 Aquaculture Division 1 Licensing generally Fisheries Regulations 1992 143 161 Application for licence An application for a licence in respect of this Part must contain: (a) details of the species, stage of life cycle and number of fish or aquatic life that the applicant intends to stock or culture or intends to take or retain as broodstock; and (b) details of the gear that the applicant intends to use to take fish or aquatic life, other than gear used to take fish within the aquaculture facility to which the application relates; and (c) plans relating to the construction, development or modification of an aquaculture facility to which the application relates; and (d) a proposed plan of operation in respect of the aquaculture facility to which the application relates; and (e) approvals required under any another Act of the Territory for the operation of the aquaculture facility to which the application relates; and (f) details of the location of the aquaculture facility and of all places at which the applicant intends to breed, hold, rear, process or sell fish or aquatic life; and (g) such other information as the Director requires. 162 Place of processing to be specified in licence (1) The holder of a licence in respect of this Part shall not breed, hold, rear, process or transfer fish into the possession of a person other than an assistant of the licensee, except in or at a place specified in the licence. (2) The Director shall not grant a licence in respect of this Part in respect of a domestic dwelling unless the dwelling: (a) conforms with the requirements of or under the Food Act 2004 in respect of food processing; and (b) will not contravene the applicable planning scheme made under the Planning Act 1999. (3) However, subregulation (2)(a) does not apply in relation to an Ornamental Aquaculture licence. -- 159 of 240 -- Part 10 Aquaculture Division 1 Licensing generally Fisheries Regulations 1992 144 163 Modification of aquaculture facility The holder of a licence in respect of this Part shall not modify an aquaculture facility to which the licence relates unless he or she has submitted specifications and plans relating to the proposed modification to the Director and the Director has, in writing, approved the modification. 165 Licence details to be displayed The holder of a licence in respect of this Part shall display, in a prominent place in each of the places noted in the licence, the number and expiry date of the licence. 166 Export of food (1) If the place in respect of which a licence in respect of this Part is granted is licensed, registered or otherwise certified under an Act of the Commonwealth as approved premises for the production of food for export, the terms of that Act shall, in relation to standards of health and hygiene on those premises, apply to the exclusion of the Fisheries Act 1988, these Regulations or an instrument of a legislative or administrative character made under the Fisheries Act 1988 but shall not prevent the entry onto that place of officers appointed under the Fisheries Act 1988. (2) Subregulation (1) does not apply in relation to an Ornamental Aquaculture licence. 167 Freezer capacity (1) The holder of a licence in respect of this Part who freezes fish for sale shall, after the expiration of 12 months after the commencement of these Regulations, possess for the storage of fish a freezer which: (a) has not less than 10m 3 of freezer space; and (b) conforms with the standards of the Food Act 2004 and any other Act which applies to the storage of fish or frozen food in force in the Territory. (2) Subregulation (1) does not apply in relation to an Ornamental Aquaculture licence. 168 Broodstock (1) The holder of a licence in respect of this Part must, as soon as practicable after taking barramundi broodstock from waters outside an aquaculture facility, tag it in the approved manner. -- 160 of 240 -- Part 10 Aquaculture Division 2 Aquaculture licence Fisheries Regulations 1992 145 (2) For section 10(1)(f) of the Act, the disposal, otherwise than by sale, of fish taken as broodstock is able to be done only under a licence in respect of this Part. 169 Labelling of fish etc. from aquaculture facility The holder of a licence in respect of this Part must ensure that fish or aquatic life leave the aquaculture facility with a statement indicating: (a) the number of the licence under which the fish or aquatic life were bred or held; and (b) that the fish or aquatic life is the product of an aquaculture facility in the Northern Territory; and (c) such other information as required by the Director; attached to or accompanying the fish or aquatic life and that the statement remains attached to or accompanies the fish at all times when the fish is in the possession or control of the holder of the licence outside the aquaculture facility. Division 2 Aquaculture licence 170 Activities authorised by Aquaculture licence (1) A person may take fish as broodstock, purchase fish, breed fish or aquatic life, rear or hold such fish or aquatic life and process and sell such fish or aquatic life, under and in accordance with an Aquaculture licence. (2) For subregulation (1), fish does not include a member of the genus Pinctada (pearl oysters). 171 Conditions of licence The conditions to which an Aquaculture licence may be subject include: (a) limitation of the species of fish which may be kept and the stages of the life cycle of a fish at which the fish may be kept; and (b) limitation of the number of fish which may be kept or sold; and (c) limitation of the use of chemicals or drugs, including the regulation or prohibition, for such period as the Director thinks fit, of the transport or release from the aquaculture facility of fish exposed to chemicals or drugs; and -- 161 of 240 -- Part 10 Aquaculture Division 2 Aquaculture licence Fisheries Regulations 1992 146 (d) a requirement for the lodgement of an ADI guarantee or securities to cover the cost of damage which may be caused by the operation of the aquaculture facility; and (e) a condition that the licensee shall operate the aquaculture facility in accordance with the plan of operation submitted in accordance with regulation 161(d) and approved by the Director; and (f) the method of water discharge or other waste disposal. 172 Licence conditional on construction (1) The Director may, on receipt of an application for an Aquaculture licence, grant the licence on condition that the aquaculture facility to which the licence relates is constructed or altered in accordance with the specifications or plans accompanying the application under regulation 161(c), as modified by the conditions or requirements, if any, imposed by the Director. (2) The conditions referred to in subregulation (1) may include a requirement that construction or alteration take place in stages and at times determined by the Director. (3) At the completion of a stage of construction or alteration determined by the Director under subregulation (2), the Director or a person authorised by the Director for that purpose shall examine the aquaculture facility and, if satisfied that the construction or alteration complies with the specifications or plans referred to in subregulation (1) for that stage of construction as determined in accordance with subregulation (2), shall certify that construction or alteration may proceed to the next stage. (4) Where: (a) the Director or a person authorised by the Director: (i) has inspected the aquaculture facility at a stage of construction specified in the licence and cannot certify that construction or alteration may proceed to the next stage or that the facility, when completed, would be constructed or altered in accordance with the requirements of subregulation (1); or (ii) at any time during the period in which the licence is valid has reasonable grounds for concluding that the aquaculture facility will not be constructed or altered in accordance with those requirements; or -- 162 of 240 -- Part 10 Aquaculture Division 2 Aquaculture licence Fisheries Regulations 1992 147 (b) the licensee has breached another condition of the licence or committed an offence under the Act; the Director may, if he or she thinks fit, refuse to permit the construction or alteration of the aquaculture facility to continue to the next stage and the licensee shall, notwithstanding any other provision in these Regulations, cease to be permitted to take, purchase, breed, hold, process or sell fish or aquatic life under the licence. 173 Possession of broodstock An Aquaculture licensee must not possess fish or aquatic life for breeding except those fish or aquatic life: (a) taken under and in accordance with the Act; or (b) obtained from a person who holds a commercial fishing licence; or (c) imported in accordance with a permit; or (d) obtained from another Aquaculture licensee; or (da) obtained from an Ornamental Aquaculture licensee; or (e) obtained from an aquaculture facility operated by a statutory corporation; or (f) obtained from an Aboriginal Coastal licensee. 174 Sale of fish An Aquaculture licensee may sell fish or aquatic life to the following: (a) an Aquarium Fishing/Display Fishery licensee; (b) a Fish Broker licensee; (c) a Fish Retailer licensee; (d) a Fish Trader/Processor licensee; (e) an Aquaculture licensee; (ea) an Ornamental Aquaculture licensee; (f) an Aquarium Trader licensee; (g) a Public Aquarium licensee; -- 163 of 240 -- Part 10 Aquaculture Division 2A Ornamental Aquaculture licence Fisheries Regulations 1992 148 (h) a member of the public not purchasing fish or aquatic life for resale. 175 Disposal of broodstock An Aquaculture licensee shall not sell or otherwise dispose of fish or aquatic life taken as broodstock under this Part to another person except: (a) after 12 months after the date the fish or aquatic life was taken; and (b) with the prior approval of the Director. Division 2A Ornamental Aquaculture licence 175A Activities authorised by Ornamental Aquaculture licence (1) A person may take fish as broodstock, purchase fish, breed fish or aquatic life, rear or hold such fish or aquatic life and sell such fish or aquatic life, under and in accordance with an Ornamental Aquaculture licence. (2) For subregulation (1), fish does not include a member of the genus Pinctada (pearl oysters). 175B Limit on size of aquaculture facility The Director must not grant an Ornamental Aquaculture licence if the aquaculture facility to which the licence relates has a capacity that is greater than 10 000 litres of water. 175C Conditions of licence The conditions to which an Ornamental Aquaculture licence may be subject include: (a) limitation of the species of fish which may be kept and the stages of the life cycle of a fish at which the fish may be kept; and (b) limitation of the number of fish which may be kept or sold; and (c) limitation of the use of chemicals or drugs, including the regulation or prohibition, for such period as the Director thinks fit, of the transport or release from the aquaculture facility of fish exposed to chemicals or drugs; and -- 164 of 240 -- Part 10 Aquaculture Division 2A Ornamental Aquaculture licence Fisheries Regulations 1992 149 (d) a condition that the licensee shall operate the aquaculture facility in accordance with the plan of operation submitted in accordance with regulation 161(d) and approved by the Director; and (e) the method of water discharge or other waste disposal. 175D Possession of broodstock An Ornamental Aquaculture licensee must not possess fish or aquatic life for breeding except those fish or aquatic life: (a) taken under and in accordance with the Act; or (b) obtained from a person who holds a commercial fishing licence; or (c) imported in accordance with a permit; or (d) obtained from an Aquaculture licensee; or (e) obtained from another Ornamental Aquaculture licensee; or (f) obtained from an aquaculture facility operated by a statutory corporation; or (g) obtained from an Aboriginal Coastal licensee. 175E Sale of fish An Ornamental Aquaculture licensee may sell fish or aquatic life to the following: (a) an Aquarium Fishing/Display Fishery licensee; (b) an Aquaculture licensee; (c) an Ornamental Aquaculture licensee; (d) an Aquarium Trader licensee; (e) a Public Aquarium licensee; (f) a member of the public not purchasing fish or aquatic life for resale. -- 165 of 240 -- Part 10 Aquaculture Division 3 Pearl Oyster Culture Industry Fisheries Regulations 1992 150 175F Disposal of broodstock An Ornamental Aquaculture licensee shall not sell or otherwise dispose of fish or aquatic life taken as broodstock under this Part to another person except: (a) after 12 months after the date the fish or aquatic life was taken; or (b) with the prior approval of the Director. Division 3 Pearl Oyster Culture Industry 176 Definitions In this Division: allocation, in relation to a person, means: (a) in relation to a pearl oyster fishing unit – the number of pearl oyster fishing units allocated to him or her under regulation 122E for a licensing year; and (b) in relation to a pearl oyster hatchery unit – the number of pearl oyster hatchery units allocated to him or her for a licensing year under clause 13 of the Pearl Oyster Culture Industry Management Plan 1998. holding area means a site at which, under a Pearl Oyster Culture Industry licence, pearl oysters taken from the wild or produced in a hatchery are held for seeding and related operations. pearl culture unit means a pearl oyster fishing unit or a pearl oyster hatchery unit. pearl farm lease means a lease granted to a licensee under section 55 of the Act for the purposes of a Pearl Oyster Culture Industry licence. pearl oyster means an oyster of the genus Pinctada and includes: (a) a part of a pearl oyster; and (b) pearl oyster spat. pearl oyster dump site means a site where pearl oysters taken from the wild are placed and held before movement to a holding area or a pearl farm lease, but does not include an area of land held under a pearl farm lease. -- 166 of 240 -- Part 10 Aquaculture Division 3 Pearl Oyster Culture Industry Fisheries Regulations 1992 151 pearl oyster fishing unit has the meaning it has in regulation 122D(2). pearl oyster hatchery unit has the meaning it has in the Pearl Oyster Culture Industry Management Plan 1998. 177 Grant of licence The Director must not grant a Pearl Oyster Culture Industry licence to an applicant unless he or she intends to grant a Pearl Oyster Fishery licence to the applicant. 178 Renewal of licence (1) The Director must not renew a Pearl Oyster Culture Industry licence unless: (a) he or she is satisfied that: (i) the applicant has applied for renewal of his or her Pearl Oyster Fishery licence; and (ii) the applicant's allocation in relation to his or her Pearl Oyster Fishery licence for the licensing year for which it would be renewed would be 5 pearl oyster fishing units or more; and (iii) the Director intends to renew the Pearl Oyster Fishery licence; and (b) the applicant has complied with the Act and any other instrument of a legislative or administrative character applicable to the Pearl Oyster Fishery. (2) Where the Director renews a Pearl Oyster Culture Industry licence, he or she must specify on the licence: (a) the allocation of pearl oyster fishing units in relation to the licensee's Pearl Oyster Fishery licence for the licensing year for which that licence is renewed; and (b) the licensee's allocation of pearl oyster hatchery units under clause 13 of the Pearl Oyster Culture Industry Management Plan 1998 for the licensing year for which the Pearl Oyster Culture Industry licence is renewed. -- 167 of 240 -- Part 10 Aquaculture Division 3 Pearl Oyster Culture Industry Fisheries Regulations 1992 152 179 Transfer of licence The Director must not consent to the transfer of a Pearl Oyster Culture Industry licence to a person unless: (a) application has been made to the Director for the transfer of the licensee's Pearl Oyster Fishery licence to the same person; and (b) the Director intends to approve the transfer of the Pearl Oyster Fishery licence to that person. 180 Licence revoked if licensee not permitted to seed minimum number of pearl culture units Where: (a) the sum of: (i) the number of pearl oysters that may be seeded under clause 11(1)(b) of the Pearl Oyster Culture Industry Management Plan 1998 by the holder of a Pearl Oyster Culture Industry licence; and (ii) the number of pearl oysters that may be seeded under clause 11(1)(c) of the Pearl Oyster Culture Industry Management Plan 1998 by the holder of a Pearl Oyster Culture Industry licence; is less than the number represented by 20 pearl culture units; or (b) less than 5 of the units in that sum are pearl oyster fishing units; the Pearl Oyster Culture Industry licence is, by force of this regulation, revoked. 181 Holding areas A Pearl Oyster Culture Industry licensee may place pearl oysters on a holding area approved by the Director. 181A Licensee must permit inspection of pearl oysters It is a condition of a Pearl Oyster Culture Industry licence that the licensee must permit the inspection, by a person authorised in writing by the Director, of all pearl oysters in the possession of the licensee. -- 168 of 240 -- Part 10 Aquaculture Division 3 Pearl Oyster Culture Industry Fisheries Regulations 1992 153 181B Cancellation, revocation or expiry of licence (1) As soon as practicable after a Pearl Oyster Culture Industry licence is cancelled, revoked or expires, the Director is to grant a restricted licence to the person who held the licence immediately before it was cancelled or revoked or it expired. (2) So as to enable the licensee to harvest the remaining pearl production, the holder of a restricted licence may farm, hold and sell all live pearl oysters held at the licensee's holding areas, pearl oyster dump sites and an area of land to which a pearl farm lease relates. (3) A restricted licence remains in force until: (a) all the pearl oysters are sold; or (b) the expiry of 6 months after the cancellation, revocation or expiry of his or her Pearl Oyster Culture Industry licence; whichever occurs first. (4) The holder of a restricted licence must, as soon as practicable after the expiry of a licence under subregulation (3), provide to the Director details of sales under subregulation (2). (5) Where a person who held a restricted licence under this regulation has not, before the expiry of the licence, sold all pearl oysters under the licence, he or she must surrender all remaining oysters to the Director for disposal. (6) Where pearl oysters surrendered to the Director under subregulation (5) are disposed of by the Director by sale for money or other valuable consideration, the Director must: (a) retain from the proceeds of the sale an amount sufficient to cover the cost of disposal of the pearl oysters; and (b) deliver the remainder of the proceeds of sale, if any, to the licensee. (7) For this regulation, a Pearl Oyster Culture Industry licence is to be taken to expire at the beginning of the 6 month period mentioned in section 16(4) of the Act. -- 169 of 240 -- Part 11 Special licences Division 2 Aboriginal Coastal licence Fisheries Regulations 1992 154 Part 11 Special licences Division 1 Licensing generally 182 Criteria for grant or renewal The matters to which the Director may have regard in considering an application for the grant or renewal of a licence in respect of this Part include: (a) whether the applicant has all approvals required under any other Act of the Territory to operate the licence; (b) where an applicant has previously held a licence under this Act, whether the applicant has supplied all accounts, records, returns and information in the approved manner and form and within the time specified by the Director; and (c) any other criteria set out in these Regulations in respect of the licence type for which application for grant or renewal is made. Division 2 Aboriginal Coastal licence 183 Application for licence An Aboriginal person may apply to the Director for an Aboriginal Coastal licence if: (a) the person is a member of a community or group in respect of which land has been granted to a trust for the benefit of Aboriginals entitled by Aboriginal tradition to the use or occupation of that land under the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth); and (b) the person is permanently resident on the land; and (c) persons accepted by the majority of the community or group to be its leaders indicate their support for the application. 184 Director may grant licence (1) The Director may, subject to this Division, grant an Aboriginal Coastal licence to an applicant. (2) An Aboriginal Coastal licence must not be granted to a person other than an individual. 185 No transfer of licence An Aboriginal Coastal licensee shall not transfer his or her licence. -- 170 of 240 -- Part 11 Special licences Division 2 Aboriginal Coastal licence Fisheries Regulations 1992 155 186 Lapse of licence It shall be a condition of each Aboriginal Coastal licence that it lapses where the licensee ceases to be a permanent resident on the land granted for the benefit of the members of the community or group of which he or she is a member as referred to in regulation 183(a). 187 Licensee restrictions in relation to commercial fishing An Aboriginal Coastal licensee must not: (a) hold a commercial fishing licence; or (b) engage in fishing operations under the Aboriginal Coastal licence while being an assistant of the holder of a commercial fishing licence. 188 Area of licence An Aboriginal Coastal licensee shall not take fish or aquatic life for sale under the licence except from within the area specified on the licence as the area in which fish may be taken under the licence. 189 Fishing gear (1) A person engaged in fishing operations under an Aboriginal Coastal licence must not use fishing gear other than the fishing gear allowed under this section. (2) The following fishing gear may be used under an Aboriginal Coastal licence: (a) a vertical line; (b) a troll line; (c) a cast net; (d) a scoop net; (e) a net not exceeding 100 m in length and with a mesh size not exceeding 65 mm; (f) a hand spear. (3) If authorised by the Aboriginal Coastal licence, the following fishing gear may also be used under the licence: (a) a traditional fish trap; -- 171 of 240 -- Part 11 Special licences Division 2 Aboriginal Coastal licence Fisheries Regulations 1992 156 (b) a gill net, not exceeding 200 m in length; (c) a complying marine pot or dilly pot, not exceeding a total of 10 pots. 190 Conditions of licence The Director shall, in determining the conditions, if any, to be placed on an Aboriginal Coastal licence, take into consideration suggestions made by members of the community or group of Aboriginals of which the applicant is a member who are resident on the relevant land. 191 To whom fish may be sold An Aboriginal Coastal licensee must not sell fish or aquatic life except to: (a) an Aquarium Fishing/Display Fishery licensee; or (b) a Fish Trader/Processor licensee; or (c) a Fish Retailer licensee; or (d) a Fish Broker licensee; or (e) an Aquaculture licensee; or (f) an Aquarium Trader licensee; or (g) a Public Aquarium licensee; or (h) an Ornamental Aquaculture licensee; or (i) a person not purchasing the fish or aquatic life for resale. 191A Limit on selling fish An Aboriginal Coastal licensee must not sell more than the number or quantity of the species of fish or aquatic life specified in the licence. Note for regulation 191A The licence may specify that the quantity of a particular species that may be sold is zero. -- 172 of 240 -- Part 11 Special licences Division 3 Fishing Tour Operator licence Fisheries Regulations 1992 157 Division 3 Fishing Tour Operator licence 192 Licence required for tour operator For section 10(1)(f) of the Act, the conduct of a business that provides the services of a person to conduct a fishing tour is able to be done only under a licence. 193 Criteria for grant or renewal The matters to which the Director may have regard in considering an application for the grant or renewal of a Fishing Tour Operator licence include whether: (a) the applicant has attained the age of 18 years; and (b) the applicant has all approvals required under this or any other Act of the Territory to conduct fishing tour operations; and (c) where the applicant has previously been granted a licence under the Act, the applicant has supplied to the Director accounts and records in the approved manner and form within the time prescribed or specified by the Director. 195 Area of fishery The holder of a Fishing Tour Operator licence, and an approved operator and assistant, who is conducting or assisting the conduct of a fishing tour, must not take fish or act as a fishing guide, except in an area in which a person engaged in amateur fishing may take fish. 196 Fishing gear (1) The holder of a Fishing Tour Operator licence, and an approved operator and assistant, who is conducting or assisting the conduct of a fishing tour: (a) must not use fishing gear except amateur fishing gear; and (b) must not use such gear other than under and in accordance with the provisions of these Regulations relating to amateur fishing. (2) The holder of a Fishing Tour Operator licence, and an approved operator and assistant, who is conducting or assisting the conduct of a fishing tour, must not take fish under another licence. -- 173 of 240 -- Part 11 Special licences Division 4 Aquarium Trader licence Fisheries Regulations 1992 158 196A Licence does not authorise taking fish for sale A Fishing Tour Operator licence does not authorise its holder to take fish for sale. 198 Fish not to be traded The holder of a Fishing Tour Operator licence, and an approved operator and assistant, who is conducting or assisting the conduct of a fishing tour must not accept, take or agree to take, whether by way of payment or as barter, a fish taken by a person in the course of a fishing tour conducted under the licence. Division 4 Aquarium Trader licence 199 Sale, purchase and exhibition of live fish and aquatic life (1) An Aquarium Trader licence authorises the holder to: (a) sell fish or aquatic life for use in an aquarium; and (b) purchase and keep live fish and aquatic life for the purpose of exhibiting them for profit in the Territory. (2) An Aquarium Trader licensee must not purchase fish or aquatic life except: (a) from an Aquarium Fishing/Display Fishery licensee; or (b) from an Aquarium Trader licensee; or (c) from an Aquaculture licensee; or (ca) from an Ornamental Aquaculture licensee; or (cb) from an Aboriginal Coastal licensee; or (d) under and in accordance with a permit; or (e) from an interstate or overseas supplier. 200 Place of trade to be set out in licence (1) An Aquarium Trader licensee shall not hold fish for sale or sell fish except at a place specified in the licence. (2) The Director shall not grant an Aquarium Trader licence in respect of a domestic dwelling unless the dwelling will not contravene the applicable planning scheme made under the Planning Act 1999. -- 174 of 240 -- Part 11 Special licences Division 4A Public Aquarium licence Fisheries Regulations 1992 159 201 Licence to be displayed An Aquarium Trader licensee shall display, in a prominent position at each of the places specified on the licence, the number and expiry date of the licence. 201A Notification of exhibition (1) An Aquarium Trader licensee must not exhibit live fish or aquatic life for profit at a place that is not specified in the licence unless the licensee has notified the Director. (2) The notification must be in writing and give details of the address of the place where the live fish or aquatic life are to be exhibited. (3) If the Aquarium Trader ceases to exhibit fish or aquatic life at the place, the Aquarium Trader must immediately notify the Director in writing of the cessation. Division 4A Public Aquarium licence 202 Taking, purchasing and exhibiting live fish and aquatic life (1) Subject to this Division, a Public Aquarium licence authorises the holder to take, purchase and keep live fish and aquatic life for the purpose of exhibiting them for profit in the Territory. (2) A Public Aquarium licensee must not under the licence: (a) except with the approval of the Director – take barramundi, Spanish mackerel, mud crab, pearl oyster or organisms of the genus Macrobrachium or the genus Cherax; or (b) take more than the number or quantity of live fish or aquatic life approved by the Director; or (c) purchase live fish or aquatic life other than from: (i) an Aquarium Fishing/Display Fishery licensee; or (ii) an Aquaculture licensee; or (iia) from an Ornamental Aquaculture licensee; or (iii) an Aquarium Trader licensee; or (iv) an interstate or overseas supplier; or (v) an Aboriginal Coastal licensee. -- 175 of 240 -- Part 11 Special licences Division 5 Net licence Fisheries Regulations 1992 160 (3) A Public Aquarium licensee must not sell live fish or aquatic life taken, purchased or exhibited under the licence. 202A Fishing gear (1) The Director: (a) may approve gear that may be used by a Public Aquarium licensee for taking live fish and aquatic life; and (b) may give directions as to how the gear may be used. (2) A Public Aquarium licensee must not use gear that is not approved under subregulation (1)(a). (3) A Public Aquarium licensee must not use gear approved under subregulation (1)(a) contrary to directions given under subregulation (1)(b). Division 5 Net licence 203 Licence required for selling or repairing nets For section 10(1)(f) of the Act, the selling or repairing of nets, other than nets that may be used in amateur fishing, is able to be done only under a licence. 204 Places where net may be kept The holder of a Net licence shall not have possession of net or net material under the licence except: (a) at approved premises; or (b) in a vehicle or vessel transporting them by the most direct route practicable to or from persons who may lawfully possess them or to other approved premises. 205 Restrictions on sale and repair The holder of a Net licence shall not make, repair or sell net which a person shall not have possession of except under a licence or a permit except for or to a person who, under the Act, may lawfully have possession of the net under a licence or permit. -- 176 of 240 -- Part 11A Fisheries Inspectors Fisheries Regulations 1992 161 Part 11A Fisheries Inspectors 205AA Classes of Fisheries Inspectors (1) A Fisheries Inspector is to be appointed under section 7A of the Act as: (a) a Fisheries Inspector (Class 1); or (b) a Fisheries Inspector (Class 2). (2) The identity card issued to the Fisheries Inspector under section 8 of the Act must identify the Fisheries Inspector's class. 205AB Powers of Fisheries Inspectors (1) This regulation applies if a Fisheries Inspector believes it is necessary to exercise a power under subregulation (2): (a) to assist in the conservation or management of a fishery; or (b) for the enforcement of the Act, these Regulations or a management plan. (2) The Fisheries Inspector may: (a) require a person the Fisheries Inspector believes on reasonable grounds is engaged in taking fish or aquatic life to give the Fishing Inspector: (i) the person's name and address; and (ii) the number of the licence or permit (if any) that authorises the taking of the fish or aquatic life; and (b) examine any fishing gear the Fisheries Inspector believes on reasonable grounds is being used for taking fish or aquatic life. 205AC Additional powers of Fisheries Inspectors (Class 2) (1) This section applies if: (a) a Fisheries Inspector (Class 2) believes on reasonable grounds that a person is or has been engaged in taking fish or aquatic life; and -- 177 of 240 -- Part 11A Fisheries Inspectors Fisheries Regulations 1992 162 (b) the Fisheries Inspector (Class 2) believes it is necessary to exercise a power under subregulation (2): (i) to assist in the conservation or management of a fishery; or (ii) for the enforcement of the Act, these Regulations or a management plan. (2) The Fisheries Inspector (Class 2) may at all reasonable times without warrant: (a) do any of the following: (i) stop, enter and examine a vehicle or vessel; (ii) examine fishing gear, fish or aquatic life; (iii) open and examine the contents of a container; and (b) require a person to unlock a vehicle, vessel or container, if the person: (i) is the owner of, is in possession of, or is the person who locked the thing required to be unlocked; and (ii) is in the immediate vicinity; and (c) require: (i) a person to answer a question; and (ii) the master of a vessel, or any other person, to give an explanation or information about the vessel or a vehicle, fishing gear, fish, aquatic life or container; and (d) require a person mentioned in paragraph (c) to produce within 7 days a licence, permit, special permit or other authority or certificate issued in relation to the vessel, vehicle, person or thing. (3) In this regulation: Fisheries Inspector (Class 2) means a Fisheries Inspector mentioned in regulation 205AA(1)(b). -- 178 of 240 -- Part 12 Miscellaneous Fisheries Regulations 1992 163 205AD Fisheries Inspector to produce evidence of identity At the request of a person in relation to whom a Fisheries Inspector is exercising a power under regulation 205AB or 205AC, the Fisheries Inspector must produce evidence that they are a Fisheries Inspector authorised to exercise the power. Notes for regulation 205AD 1 Section 8(4) of the Act provides that the production of an identity card is sufficient authority for a Fisheries Inspector to exercise powers. 2 Section 39(1) of the Act makes it an offence to obstruct a Fisheries Inspector in the exercise of powers and section 35A makes it an offence to give misleading information or documents to a Fisheries Inspector. Part 12 Miscellaneous 205A Infringement notice offences (1) For section 46A(1) of the Act, definition infringement notice offence, an offence against a provision of the Act, these Regulations or a fishery management plan specified in Schedule 6 is an infringement notice offence. (2) For section 46A(2) of the Act, definition prescribed amount, the number of penalty units specified for an infringement notice offence is the amount specified opposite the offence in Schedule 6. 206 Minister may prescribe fees (1) The Minister may, by Gazette notice, prescribe the fee payable for: (a) the grant or renewal of a licence or permit specified in Schedule 2; and (aa) an application for the grant of a special permit under section 17 of the Act that: (i) is for the purposes specified in section 17(2)(a) of the Act; and (ii) specifies, in accordance with section 17(5) of the Act, that fish taken under the permit may be sold; and (b) the registration of a vessel; and (c) the transfer of a licence from a licensee to an approved person, but not a transfer of a licence to the Territory; and -- 179 of 240 -- Part 12 Miscellaneous Fisheries Regulations 1992 164 (d) a replacement of a licence, permit or certificate of registration of a vessel; and (e) the approval by the Director of a person as an approved operator under section 17A of the Act; and (ea) the issue of an identity card, or its replacement, under section 17C(1) of the Act; and (f) the issue of a logbook or document, or its replacement, in the approved form in respect of information required by the Director under section 34 of the Act. (1A) The Minister may also, by Gazette notice, prescribe the fee payable, or the method of assessing the fee payable, for a person to examine, or obtain a copy of information from, a register in accordance with section 9(2) of the Act. (2) The Treasurer may: (a) prescribe an amount, not exceeding 10% of the licence or permit fees paid, to be credited to the Central Holding Authority for the purpose of funding the administration of this licensing or permit scheme; and (b) distribute the remainder of the fees as he or she sees fit to the Fishing Industry Research and Development Trust Fund continued under section 51 of the Act. (3) Where the Director refuses to grant, renew or approve the transfer of a licence specified in Schedule 2, the Director must refund to the applicant for such a grant, renewal or approval the fee paid by the applicant in respect of the application. 207 NTSCI levy payable (1) Subject to subregulation (1A), the Minister may, by Gazette notice, prescribe a levy to be paid (for the purpose of assisting the Northern Territory Seafood Council Incorporated) by an applicant for the grant, renewal or transfer of a licence listed in Schedule 3, other than a transfer of a licence to the Territory. (1A) The Minister must not prescribe a levy under subregulation (1) unless the Minister has consulted with the Northern Territory Seafood Council Incorporated for the purpose of determining the amount of the levy. -- 180 of 240 -- Part 12 Miscellaneous Fisheries Regulations 1992 165 (2) Subregulation (1) does not apply to an applicant for an Aquarium Fishing/Display Fishery licence, an Aquarium Trader licence, a Fish Retailer licence, an Aboriginal Coastal licence, a Fish Broker licence, a Fishing Tour Operator licence, Ornamental Aquaculture licence or a Net licence. (3) Where the Director refuses to grant, renew or approve the transfer of a licence specified in Schedule 3, he or she shall refund to the applicant for such a grant, renewal or approval the levy paid by the applicant in respect of the application. (4) The Minister may prescribe, by Gazette notice, an amount, not exceeding 10% of any levy collected, to be credited to the Central Holding Authority. (5) Subject to an amount prescribed under subregulation (4) as being payable to the Central Holding Authority, all levies collected under this regulation are to be dealt with in accordance with the requirements of the Financial Management Act 1995. 208 Barramundi levy (1) In this regulation, unit of net means a length of 100 m of gillnetting, measured along so much of the headrope as has gill net attached to it. (2) A Barramundi Fishery licensee must pay a levy of $100 on each unit of net endorsed on a Barramundi Fishery licence each time the licence or endorsement is renewed until the Minister declares, by Gazette notice, that 50% of the original cost of the buy-back scheme has been met. (3) The levy referred to in subregulation (2) is in addition to any fees or levies otherwise payable under the Act or these Regulations. 208A Timor Reef Fishery licence levy (1) The Joint Authority may, by Gazette notice, prescribe a levy for each fishery unit attached to a Timor Reef Fishery licence to be paid by the holder of the licence on application for renewal of the licence. (2) The levy is payable in addition to any fees or levies otherwise payable under the Act or these Regulations. (3) If the Joint Authority refuses to renew a Timor Reef Fishery licence, the Joint Authority must refund to the applicant for the renewal the levy paid for the application. -- 181 of 240 -- Part 12 Miscellaneous Fisheries Regulations 1992 166 208B Demersal Fishery licence levy (1) The Joint Authority may, by Gazette notice, prescribe a levy for each fishery unit attached to a Demersal Fishery licence to be paid by the holder of the licence on application for renewal of the licence. (2) The levy is payable in addition to any fees or levies otherwise payable under the Act or these Regulations. (3) If the Joint Authority refuses to renew a Demersal Fishery licence, the Joint Authority must refund to the applicant for the renewal the levy paid for the application. 208C Pearl oyster licence levy (1) The Minister may, by Gazette notice, prescribe a levy for each pearl culture unit allocated to a Pearl Oyster Fishery licensee or Pearl Oyster Culture Industry licensee to be paid by the licensee on application for renewal of the licence. (2) The levy is payable in addition to any fees or levies otherwise payable under the Act or these Regulations. (3) If the Director refuses to renew a Pearl Oyster Fishery licence or Pearl Oyster Culture Industry licence, the Director must refund to the applicant for the renewal the levy paid for the application. 208CA Off-shore Net and Line Fishery licence levy (1) The Joint Authority may, by Gazette notice, prescribe a levy for each fishery unit attached to an Off-shore Net and Line Fishery licence to be paid by the holder, or prospective holder, of the licence on application for grant or renewal of the licence. (2) The levy is payable in addition to any fees or levies otherwise payable under the Act or these Regulations. (3) If the Joint Authority refuses to grant or renew an Off-shore Net and Line Fishery licence, the Joint Authority must refund to the applicant for the grant or renewal the levy paid for the application. -- 182 of 240 -- Part 12 Miscellaneous Fisheries Regulations 1992 167 208D Vessel monitoring system levy (1) The Director may, by Gazette notice, prescribe a levy for a commercial fishing licence to be paid by the holder of the licence on application for renewal of the licence, if: (a) the holder of the licence is required by the Act, these Regulations or a management plan to install and operate a vessel monitoring system; and (b) the licence is not an ONLF licence, Demersal Fishery licence or Timor Reef Fishery licence. (2) The levy is payable in addition to any fees or levies otherwise payable under the Act or these Regulations. (3) If the Director refuses to renew a commercial fishery licence, the Director must refund to the applicant for the renewal the levy paid under subregulation (1). 209 General offences A person who contravenes: (a) a provision of these Regulations; or (b) a direction, restriction, requirement or condition given, made or imposed under these Regulations; commits an offence. Maximum penalty: 20 penalty units. 209A Application of Act to holders of certain permits under Commonwealth Act (1) The holder from time to time of a permit or licence issued under the Commonwealth Act in respect of an arrangement made under Part 5 of that Act in relation to the Northern Prawn Fishery or a fishery in respect of tuna or tuna like species, is taken to hold a licence of the same kind under the Fisheries Act 1988 in respect of the internal waters of the Territory contiguous to the area of that fishery (a deemed licence). (2) Subject to subregulation (3), a deemed licence is taken, for the Act, to have been granted subject to: (a) the conditions specified on the permit or licence issued under the Commonwealth Act; and -- 183 of 240 -- Part 12 Miscellaneous Fisheries Regulations 1992 168 (b) the condition that the holder of the deemed licence will comply with the Commonwealth Act and any instrument of a legislative or administrative character made under that Act applicable to the holder of such a licence or permit issued under that Act, as if the relevant internal waters were included in the fishery under the Commonwealth permit or licence. (3) The holder of a deemed licence is permitted to take fish for sale in the relevant internal waters of the Territory, to sell such fish in the Territory and to take any action that is expressly permitted by or under the Commonwealth Act in respect of the fishery under the Commonwealth Act, notwithstanding that the action would, but for this regulation, not be permitted by or under the Fisheries Act 1988. (4) The holder of a deemed licence: (a) may not transfer the licence under section 16A of the Act; and (b) is not, in relation to the licence, subject to the requirements of section 16, 16B or 17E of the Act. 209B Review of decisions made in relation to Joint Authority fishery (1) Section 50 of the Act applies to a decision made by a person acting under the delegated authority of the Joint Authority as if: (a) a reference in that section to the Director were a reference to the Joint Authority; and (b) a reference in that section to a decision made under this Act were a reference to a decision made under these Regulations in relation to a Joint Authority fishery. (2) For section 50A of the Act: (a) the following are reviewable decisions: (i) a decision made under these Regulations in relation to a Joint Authority fishery, other than a decision made by a person acting under the delegated authority of the Joint Authority; (ii) a decision made on a review under section 50 of the Act of a decision made under these Regulations in relation to a Joint Authority fishery by a person acting under the delegated authority of the Joint Authority; and (b) a person affected by a decision mentioned in paragraph (a) is an affected person for the reviewable decision. -- 184 of 240 -- Part 14 Transitional matters for Fisheries Amendment (Off-Shore Net and Line Fishery) Regulations 2005 Fisheries Regulations 1992 169 Part 13 Repeals and transitional matters for Regulations No. 72 of 1992 210 Repeal and savings (1) The Fish and Fisheries Regulations 1980, as amended by Act No. 49 of 1985, and Regulations No. 5, 1980; No. 12, 1980; No. 29, 1980; No. 44, 1980; No. 48, 1980; No. 33, 1981; No. 3(a), 1982; No. 48, 1982; No. 1, 1983; No. 2, 1983; No. 17, 1984; No. 18, 1984; No. 8, 1985; No. 39, 1985; No. 19, 1986; No. 16, 1988; No. 43, 1988; No. 52, 1988; No. 3, 1989; No. 1, 1990; No. 11, 1991, are repealed. (2) Where a licence was held immediately before the commencement of these Regulations, the licence continues until 31 January 1993, notwithstanding that it might have expired under the repealed Regulations before that date, as if the repealed Regulations had not been repealed under these Regulations. Part 14 Transitional matters for Fisheries Amendment (Off-Shore Net and Line Fishery) Regulations 2005 211 Definitions In this Part: commencement means the commencement of the Fisheries Amendment (Off-shore Net and Line Fishery) Regulations 2005. Shark Fishery has the same meaning as in these regulations as in force immediately before the commencement. 212 Savings – Shark Fishery licence etc. (1) A restricted Shark Fishery licence in force immediately before the commencement has effect after the commencement as if it were a restricted Off-shore Net and Line Fishery licence. (2) An unrestricted Shark Fishery licence in force immediately before the commencement has effect after the commencement as if it were an unrestricted Off-shore Net and Line Fishery licence. (3) An entitlement in relation to Shark Fishery fishing units existing immediately before the commencement has effect after the commencement as if it were an entitlement in relation to Off-shore Net and Line Fishery fishing units. -- 185 of 240 -- Part 15 Transitional matters for Fisheries Amendment (Pearl Oyster Fishery) Regulations 2006 Fisheries Regulations 1992 170 213 Savings – instruments (1) Subregulation (2) applies in relation to an instrument of a legislative or administrative character that: (a) relates to the Shark Fishery; and (b) was in force immediately before the commencement. (2) The instrument has effect, as if: (a) a reference in the instrument to the Shark Fishery were a reference to the Off-shore Net and Line Fishery; and (b) a reference in the instrument to the Shark Fishery area were a reference to the Off-shore Net and Line Fishery area; and (c) a reference in the instrument to a Shark Fishery licence were a reference to an Off-shore Net and Line Fishery licence; and (d) a reference in the instrument to a restricted Shark Fishery licence were a reference to a restricted Off-shore Net and Line Fishery licence; and (e) a reference in the instrument to an unrestricted Shark Fishery licence were a reference to an unrestricted Off-shore Net and Line Fishery licence; and (f) a reference in the instrument to a Shark Fishery fishing unit were a reference to an Off-shore Net and Line Fishery fishing unit. Part 15 Transitional matters for Fisheries Amendment (Pearl Oyster Fishery) Regulations 2006 214 Application of amendment The amendment to these Regulations by regulation 3 of the Fisheries Amendment (Pearl Oyster Fishery) Regulations 2006 applies only in relation to a licensing year that starts on or after 1 January 2007. 215 Savings – licensing year The period from 1 July 2006 to 31 December 2006 is taken to be a licensing year for a licensee holding a Pearl Oyster Fishery licence for these Regulations. -- 186 of 240 -- Part 16 Transitional matters for Fisheries Amendment (Timor Reef Fishery) Regulations 2011 Fisheries Regulations 1992 171 Part 16 Transitional matters for Fisheries Amendment (Timor Reef Fishery) Regulations 2011 216 Interpretation (1) In this Part: commencement date means 1 February 2011. former regulations means these Regulations as in force immediately before the commencement date. restricted licence means a licence granted under regulation 141D(2) of the former regulations. unrestricted licence means a licence granted under regulation 141F(1) of the former regulations. (2) A word or phrase used in this Part that is defined in regulation 141A has the meaning given in that regulation. 217 Revocation of old licences All licences granted in relation to the Timor Reef Fishery under the former regulations are revoked on the commencement date. 218 Grant of TRF licences (1) A person who, immediately before the commencement date, held one or more unrestricted licences may apply to the Joint Authority for the grant to the person of the same number of TRF licences. (2) A person who, immediately before the commencement date, held one or more restricted licences may apply to the Joint Authority for the grant to the person of the same number of TRF licences. (3) An application under this regulation must be made on or before 31 May 2011. (4) The Joint Authority must grant the application. (5) If, immediately before the commencement date, a restricted or unrestricted licence held by a person was suspended: (a) the person may still make an application under subregulation (1) or (2); but -- 187 of 240 -- Part 16 Transitional matters for Fisheries Amendment (Timor Reef Fishery) Regulations 2011 Fisheries Regulations 1992 172 (b) the TRF licence granted to the person on account of the suspended licence must be granted subject to the same period of suspension. 219 Allocation of fishery units (1) Immediately after the grant of a TRF licence to a person who applied for the licence under regulation 218(1), the Joint Authority must allocate to the licence the following number of fishery units: (a) 81 818 fishery units for goldband snapper; (b) 118 182 fishery units for red snapper; (c) 37 728 fishery units for grouped fish. (2) Immediately after the grant of a TRF licence to a person who applied for the licence under regulation 218(2), the Joint Authority must allocate to the licence the following number of fishery units: (a) 40 909 fishery units for goldband snapper; (b) 59 091 fishery units for red snapper; (c) 18 864 fishery units for grouped fish. 220 Transfer of fishery units if TRF licence not granted (1) This regulation applies if a person who is entitled to apply for a TRF licence does not apply for the licence under regulation 218. (2) On 1 June 2011, the Joint Authority must transfer to the Territory all the fishery units that would have been allocated to the TRF licence under regulation 219 if it had been granted. 221 Allocation of quota units in first licence year Immediately after the allocation of fishery units under regulation 219, the Joint Authority must allocate to each TRF licence granted under regulation 218 the number of quota units for each species group calculated in accordance with the following formula: A = (L ÷ T x TAC) x 5 ÷ 12 where: A is the number of quota units for the relevant species group to be allocated to the TRF licence. -- 188 of 240 -- Part 17 Transitional matters for Fisheries Amendment (Demersal Fishery) Regulations 2012 Fisheries Regulations 1992 173 L is the number of fishery units for the relevant species group attached to the TRF licence. T is the total number of fishery units for the relevant species group as mentioned in regulation 141G. TAC is the total allowable catch for the relevant species group. Part 17 Transitional matters for Fisheries Amendment (Demersal Fishery) Regulations 2012 222 Interpretation (1) In this Part: commencement date means 1 February 2012. former demersal licence means a licence granted under regulation 102(2) of the former regulations. former finfish trawl licence means a licence granted under regulation 141L(2) of the former regulations. former regulations means these Regulations as in force immediately before the commencement date. (2) A word or phrase used in this Part that is defined in regulation 101 has the meaning given in that regulation. 223 Revocation of old licences and refund (1) All licences granted in relation to the Demersal Fishery and Finfish Trawl Fishery under the former regulations are revoked on the commencement date. (2) The Joint Authority must refund to each person who held a licence revoked under subregulation (1) the following portion of the fee paid for the renewal of the licence for the licensing year that commenced on 1 July 2011: (a) for a Demersal Fishery licence – $433.33; (b) for a Finfish Trawl Fishery licence – $881.25. -- 189 of 240 -- Part 17 Transitional matters for Fisheries Amendment (Demersal Fishery) Regulations 2012 Fisheries Regulations 1992 174 224 Grant of DF licences (1) A person who, immediately before the commencement date, held one or more former demersal licences may apply to the Joint Authority for the grant to the person of the same number of DF licences. (2) A person who, immediately before the commencement date, held one or more former finfish trawl licences may apply to the Joint Authority for the grant to the person of the same number of DF licences. (3) An application under this regulation must be made on or before 31 May 2012. (4) The Joint Authority must grant the application. (5) If, immediately before the commencement date, a former demersal licence or former finfish trawl licence held by a person was suspended: (a) the person may still make an application under subregulation (1) or (2); but (b) the DF licence granted to the person on account of the suspended licence must be granted subject to the same period of suspension. 225 Allocation of fishery units (1) Immediately after the grant of a DF licence to a person who applied for the licence under regulation 224(1), the Joint Authority must allocate to the licence the following number of fishery units: (a) 6 000 fishery units for goldband snapper; (b) 28 333 fishery units for red snapper; (c) 10 516 fishery units for grouped fish. (2) Immediately after the grant of a DF licence to a person who applied for the licence under regulation 224(2), the Joint Authority must allocate to the licence the following number of fishery units: (a) 40 000 fishery units for goldband snapper; (b) 800 000 fishery units for red snapper; (c) 284 000 fishery units for grouped fish. -- 190 of 240 -- Part 18 Transitional matters for Fisheries Amendment (Coastal Line Fishery and Other Matters) Regulations 2015 Fisheries Regulations 1992 175 226 Transfer of fishery units if DF licence not granted (1) This regulation applies if a person who is entitled to apply for a DF licence does not apply for the licence under regulation 224. (2) On 1 June 2012, the Joint Authority must transfer to the Territory all the fishery units that would have been allocated to the DF licence under regulation 225 if it had been granted. 227 Allocation of quota units in first licence year Immediately after the allocation of fishery units under regulation 225, the Joint Authority must allocate: (a) to each DF licence applied for under regulation 224(1) – the following number of quota units: (i) 4 600 quota units for goldband snapper; (ii) 22 970 quota units for red snapper; (iii) 9 170 quota units for grouped fish; and (b) to each DF licence applied for under regulation 224(2) – the following number of quota units: (i) 30 690 quota units for goldband snapper; (ii) 648 490 quota units for red snapper; (iii) 247 140 quota units for grouped fish. Part 18 Transitional matters for Fisheries Amendment (Coastal Line Fishery and Other Matters) Regulations 2015 228 Definitions (1) In this Part: commencement means the commencement of the Fisheries Amendment (Coastal Line Fishery and Other Matters) Regulations 2015. eligible CLF licence, see regulation 230(4). former regulations means these Regulations as in force immediately before the commencement. -- 191 of 240 -- Part 18 Transitional matters for Fisheries Amendment (Coastal Line Fishery and Other Matters) Regulations 2015 Fisheries Regulations 1992 176 restricted CLF licence means a licence that became a restricted Coastal Line Fishery licence in accordance with regulation 75(2) of the former regulations or was granted in accordance with regulation 75(3) of the former regulations. unrestricted CLF licence means a licence that was granted in accordance with regulation 76A(1) of the former regulations. (2) A word defined in regulation 73 has the same meaning in this Part. 229 Restricted and unrestricted Coastal Line Fishery licences become CLF licences A restricted CLF licence or an unrestricted CLF licence that is in force immediately before the commencement becomes, on and from the commencement, a CLF licence. 230 Allocation of fishery units to eligible CLF licences (1) Immediately after the commencement, the Director must allocate fishery units to each eligible CLF licence in accordance with this regulation. (2) Fishery units for black jewfish are allocated to an eligible CLF licence in accordance with the following formula: A = 145 000 x (ABC ÷ AC) where: A is the number of fishery units for black jewfish to be allocated to the eligible CLF licence. ABC is the average best CLF catch for the eligible CLF licence. AC is the aggregated CLF catch. (3) Fishery units for golden snapper are allocated to an eligible CLF licence in accordance with the following formula: A = 4 500 ÷ EL where: A is the number of fishery units for golden snapper to be allocated to the eligible CLF licence. EL is the number of eligible CLF licences. -- 192 of 240 -- Part 19 Transitional matters for Fisheries Amendment (Off-shore Net and Line Fishery) Regulations 2018 Fisheries Regulations 1992 177 (4) In this regulation: aggregated CLF catch means the total of the average annual CLF catches for all eligible CLF licences. annual amount, in relation to the taking of fish, means the amount of fish taken in a calendar year. average annual CLF catch, for an eligible CFL licence, means the average annual amount of fish recorded by the Director as taken in the Coastal Line Fishery under the relevant licence in the period from 1 January 2006 to 31 December 2010. average best CLF catch, for a CLF licence, means the average of the 3 largest annual amounts of fish recorded by the Director as taken in the Coastal Line Fishery under the relevant licence in the period from 1 January 2006 to 31 December 2010. eligible CLF licence means a CLF licence for which the average best CLF catch is at least 9 000 kg. relevant licence, in relation to a CLF licence, means the restricted CLF licence or unrestricted CLF licence that became the CLF licence under regulation 229. 231 Allocation of quota units to eligible CLF licences Immediately after the commencement, the Director must allocate the same number of quota units to each eligible CLF licence for each CLF species as the number of fishery units allocated to the licence for each CLF species under regulation 230. 232 Application of regulation 78F Regulation 78F applies in relation to each licence year after the allocation of quota units under regulation 231. Part 19 Transitional matters for Fisheries Amendment (Off-shore Net and Line Fishery) Regulations 2018 233 Interpretation (1) In this Part: commencement means the commencement of the Fisheries Amendment (Off-shore Net and Line Fishery) Regulations 2018. -- 193 of 240 -- Part 19 Transitional matters for Fisheries Amendment (Off-shore Net and Line Fishery) Regulations 2018 Fisheries Regulations 1992 178 former regulations means these Regulations as in force immediately before the commencement. restricted licence means a licence granted under regulation 96B of the former regulations. unrestricted licence means a licence granted under regulation 98 of the former regulations. (2) A word or phrase used in this Part that is defined in regulation 96 has the meaning given in that regulation. 234 Revocation of old licences All licences granted in relation to the Off-shore Net and Line Fishery under the former regulations are revoked on the commencement. 235 Grant of ONLF licences (1) A person who, immediately before the commencement, held one or more unrestricted licences may apply to the Joint Authority for the grant to the person of the same number of ONLF licences. (2) A person who, immediately before the commencement, held one or more restricted licences may apply to the Joint Authority for the grant to the person of the same number of ONLF licences. (3) An application under this regulation must be made on or before 30 June 2019. (4) The Joint Authority must grant the application. (5) If, immediately before the commencement, a restricted or unrestricted licence held by a person was suspended: (a) the person may still make an application under subregulation (1) or (2); but (b) the ONLF licence granted to the person on account of the suspended licence must be granted subject to the same period of suspension. 236 Allocation of fishery units to eligible licences (1) Subregulation (2) applies immediately after the grant of an ONLF licence to a person who applied for the licence under regulation 235(1). (2) The Joint Authority must allocate to the licence the following number of fishery units for each Off-shore Net and Line Fishery -- 194 of 240 -- Part 19 Transitional matters for Fisheries Amendment (Off-shore Net and Line Fishery) Regulations 2018 Fisheries Regulations 1992 179 fishing unit for taking fish using demersal long-lines and pelagic long-lines issued to the person in accordance with regulation 96CA of the former regulations: (a) 983 fishery units for combined Blacktip Shark; (b) 314 fishery units for Spot-tail Shark; (c) 937 fishery units for combined Shark group; (d) 69 fishery units for combined other Shark group species; (e) 1 fishery unit for combined fin fish group (by-product) species. (3) Subregulation (4) applies immediately after the grant of an ONLF licence to a person who applied for the licence under regulation 235(2). (4) The Joint Authority must allocate to the licence the following number of fishery units for each Off-shore Net and Line Fishery fishing unit for taking fish using pelagic nets issued to the person in accordance with regulation 96CA of the former regulations: (a) 167.29 fishery units for Grey Mackerel species; (b) 128 fishery units for combined Blacktip Shark; (c) 30 fishery units for Spot-tail Shark; (d) 17 fishery units for combined Shark group; (e) 69 fishery units for combined other Shark group species; (f) 37 fishery units for combined fin fish group (by-product) species. (5) Additional fishery units for Grey Mackerel species are allocated to an eligible ONLF licence in accordance with the following formula: A = 267 500 x (ABC ÷ AC) where: A is the number of additional fishery units for Grey Mackerel species to be allocated to the eligible ONLF licence. ABC is the average best catch for the eligible ONLF licence. AC is the aggregated average best catch for Grey Mackerel species. -- 195 of 240 -- Part 19 Transitional matters for Fisheries Amendment (Off-shore Net and Line Fishery) Regulations 2018 Fisheries Regulations 1992 180 (6) If, under subregulation (2) or (4), the Joint Authority is required to allocate quota units to an ONLF licence in relation to which any fees are due then, despite the subregulation: (a) the Joint Authority must not allocate quota units to the licence until the fees are paid; and (b) when the allocation is made, the number of quota units to be allocated must be calculated as if the allocation had been made on the date required under subregulation (2) or (4). (7) In this regulation: aggregated average best catch means the total of the average best catch for all eligible ONLF licences. average best catch, for an ONLF licence, means the average of the 3 largest annual amounts of Grey Mackerel species recorded by the Joint Authority as sold from the Off-shore Net and Line Fishery under the relevant licence in the period from 1 July 2007 to 30 June 2012. eligible ONLF licence means an ONLF licence for which the average best catch is at least 1 kg. relevant licence, in relation to an ONLF licence, means the restricted licence or unrestricted licence in place of which the ONLF licence was granted under regulation 235. 237 Allocation of quota units to ONLF licences Immediately after the allocation of fishery units under regulation 236, the Joint Authority must allocate to each ONLF licence granted under regulation 235 the number of quota units for each species group calculated in accordance with the following formula: A = (L ÷ T x TAC) x 0.583 where: A is the number of quota units for the relevant species group to be allocated to the ONLF licence. L is the number of fishery units for the relevant species group attached to the ONLF licence on the date of the allocation before any transfers of fishery units to or from the licence take effect. -- 196 of 240 -- Part 19 Transitional matters for Fisheries Amendment (Off-shore Net and Line Fishery) Regulations 2018 Fisheries Regulations 1992 181 T is the total number of fishery units for the relevant species group as mentioned in regulation 96CD. TAC is the total allowable catch for the relevant species group. 238 Transfer of fishery units if ONLF licence not granted (1) This regulation applies if a person who is entitled to apply for a ONLF licence does not apply for the licence under regulation 235. (2) On 1 July 2019, the Joint Authority must transfer to the Territory all the fishery units that would have been allocated to the ONLF licence under regulation 236 if it had been granted. -- 197 of 240 -- Schedule 1 Noxious species Fisheries Regulations 1992 182 Schedule 1 Noxious species regulation 15 Family Scientific name Common name Acestrorhynchidae Acestrorhynchus microlepis Acipenseridae Acipenser baerii baerii Siberian sturgeon Acipenser baerii baicalensis Baikal sturgeon Acipenser brevirostrum Shortnose sturgeon Acipenser dabryanus Yangtze sturgeon Acipenser fulvescens Lake sturgeon Acipenser gueldenstaedtii Russian sturgeon Acipenser medirostris Green sturgeon Acipenser mikadoi Sakhalin sturgeon Acipenser multiscutatus Japanese sturgeon Acipenser naccarii Adriatic sturgeon Acipenser nudiventris Fringebarbel sturgeon Acipenser oxyrinchus destotoi Gulf sturgeon Acipenser oxyrinchus oxyrinchus Atlantic sturgeon Acipenser persicus Persian sturgeon Acipenser ruthenus Sterlet Acipenser schrenckii Amur sturgeon Acipenser sinensis Chinese sturgeon Acipenser stellatus Starry sturgeon Acipenser sturio European sturgeon Acipenser transmontanus White sturgeon Huso huso Beluga Algae Caulerpa taxifolia (exotic strains only) Green macroalga Codium fragile fragile Green macroalga Grateloupia turuturu Red macroalga -- 198 of 240 -- Schedule 1 Noxious species Fisheries Regulations 1992 183 Family Scientific name Common name Sargassum muticum Asian seaweed Undaria pinnatifida Japanese seaweed Annelida Alitta succinea Pile worm Boccardia proboscidea Spionid polychaete Euchone limnicola Sabellid polychaete worm Marenzelleria spp Red gilled mudworm Polydora websteri Mudworm Polydora cornuta Spionid polychaete Sabella spallanzanii European fan worm Alestiidae Hydrocynus spp Pike characin, giant tigerfish Amiidae Amia calva Bowfin Anabantidae Anabas testudineus Climbing perch Ascideacea Ciona intestinalis Sea vase Didemnum spp (exotic invasive strains only) Colonial sea squirt Styela clava Clubbed tunicate Bagridae Anaspidoglanis macrostoma Flatnose catfish Bagrus ubangensis Ubangi shovelnose catfish Cambaridae Procambarus clarkii Red swamp crayfish Centrarchidae entire family Banded sunfish, spotted sunfish, largemouth bass, bluegill Centropomidae Centropomus Snooks Lates microlepis Forktail lates Lates niloticus Nile perch -- 199 of 240 -- Schedule 1 Noxious species Fisheries Regulations 1992 184 Family Scientific name Common name Chacidae Chaca bankanensis Angler catfish Chaca burmensis Burmensis frogmouth catfish Chaca chaca Angler catfish, frogmouth catfish, squarehead catfish Channidae Channa spp Snake head Characidae Colossoma spp Pygocentrus spp Red piranha Pygopristis spp Piranha Serrasalmus spp Redeye piranha Cichlidae Boulengerochromis microlepis Giant cichlid, yellow belly cichlid Hemichromis fasciatus Banded jewelfish Hypselecara spp Chocolate cichlid Melanotheron melanotheron Blackchin tilapia Oreochromis spp Tilapia Sargochromis spp Pink, slender, greenwoods, mortimers, cunean, green happy Sarotherodon spp Tilapia Serranochromis spp Tilapia spp Tilapia, spotted tilapia, mouthbreeder Citharinidae Ichthyborinae (syn. Distichodontinae) entire subfamily African pike-characin, tubenose poacher, fin eater Clariidae entire family Snake catfish, walking catfish Cnidaria Mnemiopsis leidyi Comb jelly Cobitidae Misgurnus anguillicaudatus Weatherloach -- 200 of 240 -- Schedule 1 Noxious species Fisheries Regulations 1992 185 Family Scientific name Common name Crustacea Balanus improvisus Barnacle Eriocheir spp Chinese mitten crab Hemigrapsus sanguineus Japanese/Asian shore crab Petrolisthes elongatus New Zealand half shell crab Hemigrapsus takanoi/penicillatus Pacific crab Charybdis japonica Lady crab Carcinus maenas European green crab Cyprinidae Aristichthys nobilis Bighead carp Barbodes hexagonolepis Copper mahseer Barbonymus schwanenfeldii Tinfoil barb Catla catla Catla Catlocarpio siamensis Giant barb Cirrhinus cirrhosus Mrigal Ctenopharyngodon idella Grass carp Cyprinus carpio European carp Hypophthalmichthys molitrix Silver carp Labeo calbasu Orange fin labeo Labeo rohita Rohu Notropis spp Shiners Phoxinus erythrogaster Southern redbelly dace Tor spp River carp, Deccan, high backed, jungha, putitor, Thai mahseer Zacco platypus Freshwater minnow Doradidae Oxydoras spp Ripsaw catfish, black doras, black shielded catfish Echinoderm Asterias amurensis Northern Pacific seastar Elassomatidae Elassoma spp Pygmy sunfish -- 201 of 240 -- Schedule 1 Noxious species Fisheries Regulations 1992 186 Family Scientific name Common name Eleotridae Allomogurnda nesolepis Yellowbelly gudgeon Dormitator latifrons Pacific fat sleeper Dormitator maculatus Fat sleeper Gobiomorphus gobioides Giant bully Gobiomorphus huttoni Redfin bully Gobiomorus dormitor Bigmouth sleeper Gobiomorus maculatus Pacific sleeper Hypseleotris cyprinoides Tropical carp-gudgeon Hypseleotris tohizonae Oxyeleotris heterodon Sentani gudgeon Oxyeleotris marmorata Marble goby Oxyeleotris siamensis Oxyeleotris urophthalmoides Oxyeleotris urophthalmus Erythrinidae Erythrinus spp Trahiras Hoplerythrinus spp Hoplias spp Esocidae Esox spp Pikes Fish Neogobius melanostomus Round goby Siganus rivulatus Marbled spinefoot, rabbit fish Gasterosteidae Apeltes quadracus Four spined stickleback Culaea inconstans Pungitius pungitius Ninespine stickleback Gobiidae Acanthogobius flavimanus Yellow fin goby Tridentiger trigonocephalus Trident goby Gymnarchidae Gymnarchus niloticus Aba aba Gymnotidae Electrophorus electricus Electric eel -- 202 of 240 -- Schedule 1 Noxious species Fisheries Regulations 1992 187 Family Scientific name Common name Hepsetidae Hepsetus odoe African pike Heteropneustidae Heteropneustes fossilis Stinging catfish Holoplankton Alexandrium monilatum Toxic dinoflagellate Dinophysis norvegica Toxic dinoflagellate Pfiesteria piscicida Toxic dinoflagellate Chaetoceros concavicornis Centric diatom Chaetoceros convolutus Centric diatom Pseudo-nitzschia seriata Pennate diatom Ictaluridae Ictalurus punctatus Channel catfish Lebiasinidae Lebiasina bimaculata Twospot lebiasina Lepidosirenidae Lepidosiren paradoxa South American lungfish Lepisosteidae Atractosteus spp Alligator gar, tropical gar, Cuban gar Lepisosteus spp Spotted gar, longnose gar, shortnose gar, Florida gar Malapteruridae Malapterurus spp Electric catfish Mollusca Musculista senhousia Asian bag mussel Mytilopsis sallei Black striped mussel Perna perna Brown mussel Perna viridis Asian green mussel Corbula (Potamocorbula) amurensis Asian clam, brackish-water corbula Ensis directus Jack-knife clam Mya arenaria Soft shell clam Theora lubrica Asian semelid bivalve Varicorbula gibba European clam Crepidula fornicata American slipper limpet Rapana venosa (syn Rapa whelk -- 203 of 240 -- Schedule 1 Noxious species Fisheries Regulations 1992 188 Family Scientific name Common name Rapana thomasiana) Maoricolpus roseus New Zealand screwshell Mormyridae Mormyrops anguilloides Bottlenose, Cornish jack Pangasiidae Pangasianodon hypophthalmus Sutchi catfish Pangasius conchophilus Pangasius elongatus Pangasius gigas Mekong giant catfish Pangasius krempfi Pangasius kunyit Pangasius larnaudii Spot pangasius Pangasius macronema Pangasius nasutus Pangasius nieuwenhuisii Pangasius pangasius Yellowtailed catfish Poeciliidae Alfaro cultratus Knife-edged livebearer Alfaro huberi Belonesox belizanus Pike minnow, pike killifish Gambusia spp Gambusia, mosquito fish Heterandria bimaculata Twospot livebearer Tomeurus gracilis Polyodontidae Polyodon spathula Mississippi paddlefish Psephurus gladius Chinese swordfish Polypteridae Erpetoichthys calabaricus Reedfish Potamotrygonidae Paratrygon aiereba Discus ray Protopteridae Protopterus aethiopicus Marbled lungfish Protopterus amphibius Gilled lungfish Protopterus annectens African lungfish -- 204 of 240 -- Schedule 1 Noxious species Fisheries Regulations 1992 189 Family Scientific name Common name Protopterus dolloi Slender lungfish Rivulidae Leptolebias aureoguttatus Leptolebias marmoratus Marbled pearlfish Leptolebias minimus Barred tail pearlfish Leptolebias opalescens Opal pearlfish Schilbeidae Schilbe intermedius Silver catfish Schilbe marmoratus Shoulderspot catfish Schilbe mystus African butter catfish Siluridae Silurus spp European catfish, wels catfish Trichomycteridae Paravandellia oxyptera Parasitic catfish Valenciidae Valencia hispanica Valencia toothcarp -- 205 of 240 -- Schedule 1AA Daly River Fish Management Zone Fisheries Regulations 1992 190 Schedule 1AA Daly River Fish Management Zone regulation 3, definition Daly River Fish Management Zone The Daly River Fish Management Zone is that part of the Territory bounded: (a) to the south west by an imaginary straight line drawn from near Wombungi Outstation near grid reference 7189 E 83633 N (map 5168 Flora) north westerly to the mean low water mark seaward of Cape Scott near grid reference 5885 E 85072 N (map 4870 Dombey); and (b) to the north west by an imaginary line drawn from the Cape Scott reference point mentioned in paragraph (a) generally north easterly along the mean low water mark of the coastline to the most northerly point of Cliff Head near grid reference 6298 E 85211 N (map 4971 Anson), then generally northerly along the mean low water mark of the coastline and across the mouth of the Daly River to the mouth of the Reynolds River near grid reference 6326 E 85347 N (map 4971 Anson), then generally north westerly along the mean low water mark of the coastline to a point due west of the southern boundary of the former Wagait Aboriginal Reserve near grid reference 6225 E 85508 N (map 971 Anson); and (c) to the north and north east by an imaginary line running easterly along the southern boundary of the former Wagait Aboriginal Reserve to a point due north of Welltree Station Homestead near grid reference 6663 E 85508 N (map 5071 Reynolds River), then from that reference point due south to Welltree Station Homestead near grid reference 6663 E 85396 N (map 5071 Reynolds River), then generally south easterly along the south western boundary edge of Welltree Station access road to its junction with Skewe’s Road, then south easterly along the south western boundary edge of Skewe’s Road to its junction with the Daly River Road, then easterly along the southern boundary edge of Daly River Road to its junction with the Dorat Road, then south easterly along the south western boundary edge of the Dorat Road to its junction with the Stuart Highway and then south easterly along the south western boundary edge of the Stuart Highway to its junction with the Claravale/Dorisval Road near grid reference 8165 E 84503 N (map 5269 Fergusson River), but not including any buildings or parking areas associated with roadhouses, rest areas or towns (including Pine Creek) along the Stuart Highway; and (d) to the south east by the south eastern boundary edge of the Claravale/Dorisvale/Wombungi Road from its junction with the Stuart Highway referenced in paragraph (c) and then south-easterly to Wombungi Outstation near grid reference 7189 E 83633 N (map 5168 Flora); -- 206 of 240 -- Schedule 1AA Daly River Fish Management Zone Fisheries Regulations 1992 191 including the Daly River upstream of the Claravale crossing on the Claravale/Dorisvale Road to the Flora River junction near grid reference 7914 E 83778 N (map 5268 Bowman), and all tributaries of the Daly River that are downstream from that reference point and the parking and camping areas adjacent to the Claravale crossing. Note The maps mentioned above are part of the 1:100 000 topographic series R621, edition 2-AAS, 1984. -- 207 of 240 -- Schedule 1AB Protection areas Fisheries Regulations 1992 192 Schedule 1AB Protection areas regulation 10A(3), definition protection area Part 1 Melville Island Protection Area The Melville Island Protection Area is all that area of sea in the Territory in the Elphinstone Reef locality, being those parts of NT Portion 7435(A) starting near Point Jahleel near a point on the Intertidal Zone of Lowest Astronomical Tidal water mark of latitude 11° 11.404' south, longitude 131° 16.635' east; from there east along the northern boundary to a point of latitude 11° 11.404' south, longitude 131° 34.200' east; from there south along the eastern boundary to a point of latitude 11° 28.440' south, longitude 131° 34.200' east; from there west along the southern boundary to the Intertidal Zone of Lowest Astronomical Tidal watermark near Soldier Point near a point of latitude 11° 28.440' south, longitude 131° 31.831' east; from there in a northerly and north-westerly direction along the Intertidal Zone of Lowest Astronomical Tidal watermark, past Tinganoo Bay, Pulloloo Bay, Boradi Bay, Quanipiri Bay and Yunanti Bay to the starting point near Point Jahleel. Note for Part 1 This area includes Elphinstone Reef. Part 2 Charles Point Protection Area The Charles Point Protection Area is all that area of sea in the Territory, being those parts of NT portion 7438(A) starting near Charles Point Patches at a point of latitude 12° 20.612' south, longitude 130° 39.689' east; from there west along the southern boundary to a point of latitude 12° 20.612' south, longitude 130° 34.000' east; from there north along the western boundary to a point of latitude 12° 16.000' south, longitude 130° 34.000' east; from there east along the northern boundary to a point of latitude 12° 16.000' south, longitude 130°39.689' east; from there south along the eastern boundary to the starting point near Charles Point Patches. -- 208 of 240 -- Schedule 1AB Protection areas Fisheries Regulations 1992 193 Part 3 Howland Shoal and Emu Reef Protection Area The Howland Shoal and Emu Reef Protection Area is all that area of sea in the Territory, being those parts of NT Portion 7439(A) starting at a point west of Tree Point and south-east of Howland Shoals of latitude 14° 0.000' south, longitude 129° 30.000' east; from there west along the southern boundary to a point of latitude 14° 0.000' south, longitude 129° 18.000' east; from there north along the western boundary to a point of latitude 13° 44.000' south, longitude 129° 18.000' east; from there east along the northern boundary to a point of latitude 13° 44.000' south, longitude 129° 30.000' east; from there south along the eastern boundary to the starting point. Note for Part 3 This area includes Emu Reefs and Howland Shoals. Part 4 Lorna Shoal Protection Area The Lorna Shoal Protection Area is all that area of sea in the Territory, being those parts of NT portion 7437(A) starting at a point of latitude 12° 19.655' south, longitude 130° 15.767' east; from there east along the northern boundary to a point of latitude 12° 19.655' south, longitude 130° 22.537' east; from there south along the eastern boundary to a point of latitude 12° 26.193' south, longitude 130° 22.537' east; from there west along the southern boundary to a point of latitude 12° 26.193' south, longitude 130° 15.767' east; from there north along the western boundary to the starting point. Note for Part 4 This area includes Lorna Shoal. -- 209 of 240 -- Schedule 1AB Protection areas Fisheries Regulations 1992 194 Part 5 Bathurst Island Protection Area The Bathurst Island Protection Area is all that area of sea in the Territory, being those parts of NT Portion 7436(A) starting at a point near Rocky Point on the Intertidal Zone of Lowest Astronomical Tide water mark near latitude 11° 29.404' south, longitude 130° 09.135' east; from there in a south-westerly direction towards Cape Helvetius to a point of latitude 11° 38.623' south, longitude 130° 04.788' east; from there west along the southern boundary to a point of latitude 11° 38.623' south, longitude 129° 59.400' east; from there north along the western boundary to a point of latitude 11° 31.854' south, longitude 129° 59.400' east; from there in a north-easterly direction to a point of latitude 11° 21.935' south, longitude 130° 4.863' east; from there east along the northern boundary to a point on the Intertidal Zone of Lowest Astronomical Tide watermark south of Deception Point near latitude 11°21.935' south, longitude 130° 14.819' east; from there in a south-westerly direction along the boundary of the Intertidal Zone of Lowest Astronomical Tide watermark past Caution Point to the starting point near Rocky Point. Note for Schedule 1AB The points that define protection areas are determined by reference to the Geocentric Datum of Australia 1994 (GDA94). -- 210 of 240 -- Schedule 1AC Tiwi Islands restriction zones Fisheries Regulations 1992 195 Schedule 1AC Tiwi Islands restriction zones regulation 10B(2), definition Tiwi Islands restriction zone Part 1 Melville Island, Nodlaw Island and Karslake Island Restriction Zone Firstly, all that area of land and sea being those parts of NT Portion 1644 (Melville Island) that lie within its intertidal zone (between low water mark and high water mark), including adjoining inlets and tidal rivers and tributaries, commencing near a point at latitude 11 degrees 11.532 minutes south, longitude 130 degrees 25.844 minutes east; thence generally south easterly by said zone to near a point at latitude 11 degrees 26.445 south, longitude 130 degrees 42.056 minutes east being near to Point Strath in Snake Bay; thence generally northerly by a closure line of true mid bearing 2 degrees 52 minutes 20 seconds to near a point within the said zone at latitude 11 degrees 25.464 minutes south, longitude 130 degrees 42.102 minutes east being near to Johnson Point in Snake Bay, including all that area of sea not within the said zone in Snake Bay as delineated by the said closure line; thence generally north easterly by the said zone to Radford Point; thence generally south easterly by said zone to near a point at latitude 11 degrees 21.724 minutes south, longitude 131 degrees 01.177 minutes east being the western bank of the Jessie River; thence generally easterly by a closure line of true mid bearing 86 degrees 54 minutes 20 seconds to near a point on the eastern bank of the Jessie River within the said zone at latitude 11 degrees 21.652 minutes south, longitude 131 degrees 02.426 minutes east, including all that area of sea not within the said zone in the Jessie River as delineated by the said closure line; thence northerly, north easterly and southerly by said zone to near a point at latitude 11 degrees 17.201 minutes south, longitude 131 degrees 10.306 minutes east being on the western bank of the Johnston River; thence generally south easterly by a closure line of true mid bearing 119 degrees 26 minutes 40 seconds to near a point within the said zone at latitude 11 degrees 17.849 minutes south on the eastern bank of the Johnston River, longitude 131 degrees 11.470 minutes east, including all that area of sea not within the said zone in the Johnston River as delineated by the said closure line; thence generally northerly, north easterly by the said zone to Point Jahleel; thence generally south easterly by the said zone to near a point at latitude 11 degrees 17.234 minutes, longitude 131 degrees 16.573 minutes east: and Secondly all that area of land and sea being those parts of NT Portion 1644 around Nodlaw Island and Karslake Island and described as all that lies within its intertidal zone (between low water mark and high water mark), including adjoining inlets and tidal rivers and tributaries and more delineated on Compiled Plan 5565 lodged with the Surveyor-General, Darwin. -- 211 of 240 -- Schedule 1AC Tiwi Islands restriction zones Fisheries Regulations 1992 196 Part 2 Bathurst Island and Clift Island Restriction Zone Firstly, all that area of land and sea being those parts of NT Portion 1640 (Bathurst Island) that lie within its intertidal zone (between low water mark and high water mark), including adjoining inlets and tidal rivers and tributaries, commencing near a point at latitude 11 degrees 47.846 minutes south, longitude 130 degrees 01.459 minutes east known as Cape Fourcroy; thence generally north easterly, south easterly and north easterly by said zone to near a point at latitude 11 degrees 38.996 minutes south, longitude 130 degrees 12.058 minutes east being near Munanampi Point in Port Hurd; thence north westerly by a closure line of true mid bearing 306 degrees 58 minutes to near a point within the said zone at latitude 11 degrees 38.622 minutes south, longitude 130 degrees 11.551 minutes east being near Kanunga Point in Port Hurd, including all that area of sea not within the said zone in Port Hurd as delineated by the said closure line; thence northerly and north easterly by the said zone to Rocky Point; thence north easterly by the said zone to near a point at latitude 11 degrees 20.922 minutes south, longitude 130 degrees 15.240 minutes east known as Deception Point: and Secondly all that area of land and sea being those parts of NT Portion 3042 around Clift Island and described as all that lies within its intertidal zone (between low water mark and high water mark), including adjoining inlets and tidal rivers and tributaries and more delineated on Compiled Plan 5566 lodged with the Surveyor-General, Darwin. -- 212 of 240 -- Schedule 2 Licence or permit for which fees are payable Fisheries Regulations 1992 197 Schedule 2 Licence or permit for which fees are payable regulation 206 Aboriginal Coastal licence Aquaculture licence Aquarium Fishing/Display Fishery licence Aquarium Trader licence Bait Net Fishery licence Barramundi Fishery licence Coastal Line Fishery licence Coastal Net Fishery licence Demersal Fishery licence Development Fishery licence Fish Broker licence Fish Trader/Processor licence Fishing Tour Operator licence Jigging Fishery licence Mud Crab Fishery licence Mollusc Fishery licence Off-shore Net and Line Fishery licence Ornamental Aquaculture licence Pearl Oyster Culture Industry licence Pearl Oyster Fishery licence Public Aquarium licence Spanish Mackerel Fishery licence Timor Reef Fishery licence Trepang Fishery licence -- 213 of 240 -- Schedule 3 Licence or permit for which levies are payable Fisheries Regulations 1992 198 Schedule 3 Licence or permit for which levies are payable regulation 207 Aquaculture licence Bait Net Fishery licence Barramundi Fishery licence Coastal Line Fishery licence Coastal Net Fishery licence Demersal Fishery licence Development Fishery licence Jigging Fishery licence Mud Crab Fishery licence Mollusc Fishery licence Off-shore Net and Line Fishery licence Pearl Oyster Fishery licence Spanish Mackerel Fishery licence Timor Reef Fishery licence Trepang Fishery licence -- 214 of 240 -- Schedule 5 Tuna or tuna like species in respect of which taking as by-catch is prohibited or limited Fisheries Regulations 1992 199 Schedule 5 Tuna or tuna like species in respect of which taking as by-catch is prohibited or limited regulation 72A Common Name Scientific Name Item 1 Southern Bluefin tuna Thunnus maccoyii Northern Bluefin tuna Thunnus thynnus Billfish families Istiophoridae and Xiphiidae Item 2 Yellowfin tuna Thunnus albacares Bigeye tuna Thunnus obesus Item 3 Skipjack tuna Katsuwonus pelamis Albacore tuna Thunnus alalunga Fanfishes family Bramidae -- 215 of 240 -- Schedule 6 Infringement notice offences and penalties Fisheries Regulations 1992 200 Schedule 6 Infringement notice offences and penalties regulation 205A Item Provision Prescribed amount in penalty units Fisheries Act 1988 1 Section 35(1) 4 Fisheries Regulations 1992 2 Regulation 8(1) 2 3 Regulation 9(1), 10B(1), 30 and 31(1) 4 4 Regulation 32(2), 32(4), 34, and 39 2 5 Regulation 41 4 6 Regulation 46AAA(1) and (2), 46AAB(1) and (2), 46AAC(2) and (3) 2 7 Regulation 46AB(1), if the excess is less than 2 times the permitted number 2 8 Regulation 46AC, if the excess is less than 2 times the permitted amount 2 9 Regulation 46AD(1) and 46AE(1) 2 10 Regulation 46AG(1) and (2), if the excess is less than 2 times the limit 2 11 Regulation 46AG(4A) and (4B), if the excess is less than 2 times the permitted number 2 12 Regulation 46AG(5) 2 13 Regulation 46A(1), if the excess is less than 2 times the permitted number 2 14 Regulation 46B(2A) and (3), if the excess is less than 2 times the permitted number 2 15 Regulation 46B(6) 2 -- 216 of 240 -- Schedule 6 Infringement notice offences and penalties Fisheries Regulations 1992 201 Item Provision Prescribed amount in penalty units 16 Regulation 46BAC(2), if the excess is less than 2 times the permitted number 2 17 Regulation 46BAD, 46BA(1), 46C(1) and 46D(1) and (2) 2 18 Regulation 54(1), (2) and (3), 78G(2) and 78J(1) 4 19 Regulation 78K If the excess is 50kg or less – 4 penalty units If the excess is more than 50 kg – 8 penalty units 20 Regulation 78P(1) and (3) and 100A(1), (2) and (4) 4 21 Regulation 100B(1) 8 22 Regulation 100F(1) and (3), 100H(1) and (4), 100J(2), 100P(2) and 107E(2) 4 23 Regulation 107K(3) and (4) 8 24 Regulation 107M(1)(a) and (b) 4 25 Regulation 107N If the excess is 50kg or less – 4 penalty units If the excess is more than 50 kg – 8 penalty units -- 217 of 240 -- Schedule 6 Infringement notice offences and penalties Fisheries Regulations 1992 202 Item Provision Prescribed amount in penalty units 26 Regulation 107T(2), 107V(1) and (3), 107W(1), 141JC(2) and 141JF(a) and (b) 4 27 Regulation 141JG If the excess is 50kg or less – 4 penalty units If the excess is more than 50 kg – 8 penalty units 28 Regulation 141JL(2), 141JN(1) and (3) and 141JO(1) 4 Barramundi Fishery Management Plan 1998 29 Clause 12(1) and (3) and 21A(3) and (5) 4 30 Clause 22(1), 23 and 24(1), (2), (3), (5) and (6) 2 31 Clause 25(1) and (2), if the excess is less than 2 times the limit 2 32 Clause 25(4), 26(1), 27 and 28 2 Mud Crab Fishery Management Plan 2006 33 Clause 13(1) and 13A(2) 2 34 Clause 18 and 19 4 35 Clause 26, if the excess is 10 pots or less 4 36 Clause 27(1) and 28(1) and (3) 4 37 Clause 38(1) 2 38 Clause 40(1), if the excess is less than 2 times the limit 2 39 Clause 42 and 42A 2 -- 218 of 240 -- Schedule 6 Infringement notice offences and penalties Fisheries Regulations 1992 203 Item Provision Prescribed amount in penalty units Spanish Mackerel Fishery Management Plan 2004 40 Clause 16(1), if the excess is less than 2 times the permitted limit 2 -- 219 of 240 -- Schedule 7 Species of fish or aquatic life for which permit to import may be granted Fisheries Regulations 1992 204 Schedule 7 Species of fish or aquatic life for which permit to import may be granted regulation 26(2)(a)(iii) Common name Scientific name Golden perch Macquaria ambigua Silver perch Bidyanus bidyanus Southern bluefin tuna Thunnus maccoyii Yellowtail kingfish Seriola Ialandi -- 220 of 240 -- Schedule 8 Fish of priority species Fisheries Regulations 1992 205 Schedule 8 Fish of priority species regulation 28AA Common name Commercial quantity Black jewfish 3 Golden snapper 4 -- 221 of 240 -- ENDNOTES Fisheries Regulations 1992 206 ENDNOTES 1 KEY Key to abbreviations amd = amended od = order app = appendix om = omitted bl = by-law pt = Part ch = Chapter r = regulation/rule cl = clause rem = remainder div = Division renum = renumbered exp = expires/expired rep = repealed f = forms s = section Gaz = Gazette sch = Schedule hdg = heading sdiv = Subdivision ins = inserted SL = Subordinate Legislation lt = long title sub = substituted nc = not commenced 2 LIST OF LEGISLATION Fisheries Regulations (SL No. 72, 1992) Notified 24 December 1992 Commenced 1 January 1993 (r 2) Planning (Consequential Amendments) Act 1993 (Act No. 86, 1993) Assent date 31 December 1993 Commenced 18 April 1994 (s 2, s 2 Planning Act 1993 (Act No. 85, 1993) and Gaz S28, 18 April 1994) Amendments of Fisheries Regulations (SL No. 19, 1994) Notified 1 July 1994 Commenced 1 July 1994 Amendments of Fisheries Regulations (SL No. 3, 1995) Notified 31 January 1995 Commenced 3 February 1995 (r 2) Amendment of Fisheries Regulations (SL No. 40, 1996) Notified 7 August 1996 Commenced 7 August 1996 Amendments of Fisheries Regulations (SL No. 31, 1997) Notified 12 November 1997 Commenced 12 November 1997 Amendments of Fisheries Regulations (SL No. 15, 1998) Notified 1 July 1998 Commenced 1 July 1998 Amendments of Fisheries Regulations (SL No. 3, 1999) Notified 10 February 1999 Commenced 10 February 1999 -- 222 of 240 -- ENDNOTES Fisheries Regulations 1992 207 Amendments of Fisheries Regulations (SL No. 10, 1999) Notified 31 March 1999 Commenced 31 March 1999 Statute Law Revision Act 1999 (Act No. 27, 1999) Assent date 18 June 1999 Commenced 18 June 1999 Amendment of Fisheries Regulations (SL No. 36, 1999) Notified 1 December 1999 Commenced 1 December 1999 Planning (Consequential Amendments) Act 1999 (Act No. 56, 1999) Assent date 14 December 1999 Commenced 12 April 2000 (s 2, s 2 Planning Act 1999 (Act No.55, 1999) and Gaz S15, 12 April 1999) Amendment of Fisheries Regulations (SL No. 3, 2000) Notified 9 February 2000 Commenced 9 February 2000 Amendments of Fisheries Regulations (SL No. 17, 2000) Notified 12 April 2000 Commenced 12 April 2000 Amendments of Fisheries Regulations (SL No. 39, 2001) Notified 8 August 2001 Commenced 8 August 2001 Amendments of Fisheries Regulations (SL No. 49, 2001) Notified 19 December 2001 Commenced 19 December 2001 Statute Law Revision Act 2002 (Act No. 18, 2002) Assent date 7 June 2002 Commenced 7 June 2002 Statute Law Revision (Financial Provisions) Act 2002 (Act No. 38, 2002) Assent date 13 September 2002 Commenced 30 October 2002 (Gaz G43, 30 October 2002, p 3) Amendments of Fisheries Regulations (SL No. 19, 2003) Notified 28 March 2003 Commenced 28 March 2003 Amendment of Fisheries Regulations (SL No. 20, 2003) Notified 28 March 2003 Commenced 28 March 2003 Amendments of Fisheries Regulations (SL No. 46, 2003) Notified 3 September 2003 Commenced 3 September 2003 Amendments of Fisheries Regulations (SL No. 57, 2003) Notified 22 December 2003 Commenced 22 December 2003 -- 223 of 240 -- ENDNOTES Fisheries Regulations 1992 208 Fisheries Amendment Act 2004 (Act No. 7, 2004) Assent date 7 January 2004 Commenced 7 January 2004 Amendments of Fisheries Regulations (SL No. 34, 2004) Notified 24 November 2004 Commenced 24 November 2004 Fisheries Amendment (Spanish Mackerel Fishery) Regulations 2005 (SL No. 4, 2005) Notified 2 March 2005 Commenced 1 January 2005 (r 3) Fisheries Amendment (Shark Fishery) Regulations 2005 (SL No. 13, 2005) Notified 18 May 2005 Commenced 18 May 2005 Fisheries Amendment (Off-shore Net and Line Fishery) Regulations 2005 (SL No. 48, 2005) Notified 9 November 2005 Commenced 9 November 2005 Statute Law Revision Act 2005 (Act No. 44, 2005) Assent date 14 December 2005 Commenced 14 December 2005 Fisheries Amendment (Mud Crab Fishery) Regulations 2006 (SL No. 11, 2006) Notified 26 April 2006 Commenced 1 May 2006 (r 2) Fisheries Amendment (Pearl Oyster Fishery) Regulations 2006 (SL No. 23, 2006) Notified 30 June 2006 Commenced 30 June 2006 Statute Law Revision Act 2007 (Act No. 4, 2007) Assent date 8 March 2007 Commenced 8 March 2007 Fisheries Amendment (Fishing Tour Operator Licence) Regulations (No. 2) 2007 (SL No. 10, 2007) Notified 18 April 2007 Commenced 18 April 2007 Fisheries Amendment (Prescribed Fish) Regulations 2007 (SL No. 22, 2007) Notified 1 August 2007 Commenced 1 August 2007 Fisheries Amendment (Public Aquarium Licence) Regulations 2008 (SL No. 3, 2008) Notified 5 March 2008 Commenced 5 March 2008 Fisheries Amendment Regulations 2008 (SL No. 12, 2008) Notified 28 May 2008 Commenced 28 May 2008 Fisheries Amendment Regulations (No. 2) 2008 (SL No. 27, 2008) Notified 20 October 2008 Commenced 20 October 2008 -- 224 of 240 -- ENDNOTES Fisheries Regulations 1992 209 Fisheries Amendment (Permit to Import) Regulations 2008 (SL No. 28, 2008) Notified 20 October 2008 Commenced 20 October 2008 Livestock Act 2008 (Act No. 36, 2008) Assent date 8 December 2008 Commenced 1 September 2009 (Gaz G34, 26 August 2009, p 3) Fisheries Amendment (Noxious Fish and Aquatic Pests) Regulations 2009 (SL No. 6, 2009) Notified 11 March 2009 Commenced 11 March 2009 Fisheries Amendment (Aquarium Fishing/Display Fishery Licence) Regulations 2009 (SL No. 28, 2009) Notified 26 August 2009 Commenced 2 September 2009 Statute Law Revision Act 2009 (Act No. 25, 2009) Assent date 1 September 2009 Commenced 16 September 2009 (Gaz G37, 16 September 2009, p 3) Fisheries Amendment (Possession Limits) Regulations 2009 (SL No. 38, 2009) Notified 14 December 2009 Commenced 1 January 2010 Fisheries Amendment (Timor Reef Fishery) Regulations 2011 (SL No. 1, 2011) Notified 1 February 2011 Commenced 1 February 2011 (r 3) Fisheries Amendment Regulations 2011 (SL No. 2, 2011) Notified 1 February 2011 Commenced 1 February 2011 Public and Environmental Health Act 2011 (Act No. 7, 2011) Assent date 16 March 2011 Commenced 1 July 2011 (Gaz S28, 3 June 2011) Penalties Amendment (Children and Families, Health and Primary Industry, Fisheries and Resources) Act 2011 (Act No. 28, 2011) Assent date 31 August 2011 Commenced 21 September 2011 (Gaz G38, 21 September 2011, p 4) Fisheries Amendment (Fishing Gear and Amateur Fishing) Regulations 2012 (SL No. 3, 2012) Notified 8 February 2012 Commenced 13 February 2012 (r 2) Fisheries Amendment (Demersal Fishery) Regulations 2012 (SL No. 5, 2012) Notified 31 January 2012 Commenced pt 3: 1 June 2012; rem: 1 February 2012 (r 2) Fisheries Amendment (Noxious Fish) Regulations 2012 (SL No. 34, 2012) Notified 3 August 2012 Commenced 3 August 2012 -- 225 of 240 -- ENDNOTES Fisheries Regulations 1992 210 Fisheries Amendment (Pearl Oyster Licence Levy) Regulations 2012 (SL No. 50, 2012) Notified 14 December 2012 Commenced 14 December 2012 Fisheries Amendment (Giant Clams and Freshwater Crustaceans) Regulations 2013 (SL No. 36, 2013) Notified 1 October 2013 Commenced 1 October 2013 Local Government Amendment Act 2014 (Act No. 19, 2014) Assent date 2 June 2014 Commenced s 16: 1 July 2014; s 18: 1 December 2014; rem: 2 June 2014, (s 2) Fisheries Amendment Regulations 2014 (SL No. 30, 2014) Notified 10 September 2014 Commenced 10 September 2014 Statute Law Revision Act 2014 (Act No. 38, 2014) Assent date 13 November 2014 Commenced 13 November 2014 Fisheries Amendment (Amateur Fishing Limits) Regulations 2015 (SL No. 7, 2015) Notified 12 May 2015 Commenced 12 May 2015 Fisheries Amendment Regulations 2015 (SL No. 8, 2015) Notified 12 May 2015 Commenced 12 May 2015 Ports Management (Repeals and Related Consequential Amendments) Act 2015 (Act No. 12, 2015) Assent date 22 May 2015 Commenced pt 4 (other than ss 52 and 54 to 56): 9 June 2015; ss 52 and 54 to 56: nc (Act rep by Act No. 20, 2020, before comm); rem: 1 July 2015 (Gaz S57, 9 June 2015, p 2) Fisheries Amendment Regulations (No. 2) 2015 (SL No. 18, 2015) Notified 1 July 2015 Commenced 1 July 2015 Fisheries Amendment (Coastal Line Fishery and Other Matters) Regulations 2015 (SL No. 19, 2015) Notified 1 July 2015 Commenced 1 July 2015 Fisheries Amendment (Tiwi Islands Restriction Zones) Regulations 2016 (SL No. 22, 2016) Notified 19 May 2016 Commenced 19 May 2016 Fisheries Amendment (Transfer of Licences) Regulations 2016 (SL No. 34, 2016) Notified 6 July 2016 Commenced 6 July 2016 -- 226 of 240 -- ENDNOTES Fisheries Regulations 1992 211 Fisheries Legislation Amendment Act 2016 (Act No. 23, 2016) Assent date 9 June 2016 Commenced 1 January 2017 (Gaz G51, 21 December 2016, p 12) Fisheries Amendment Regulations 2016 (SL No. 44, 2016) Notified 20 December 2016 Commenced 1 January 2017 (r 2, s 2 Fisheries Legislation Amendment Act 2016 (Act No. 23, 2016) and Gaz G51, 21 December 2016, p 12) Fisheries Amendment (Dermersal Fishery Zones) Regulations 2017 (SL No. 7, 2017) Notified 19 April 2017 Commenced 19 April 2017 Fisheries Amendment (Vessel Monitoring System Levy) Regulations 2018 (SL No. 1, 2018) Notified 30 January 2018 Commenced 1 February 2018 (r 2) Fisheries Amendment (Priority Species and Swim Bladder) Regulations 2018 (SL No. 18, 2018) Notified 4 July 2018 Commenced 4 July 2018 Fisheries Amendment (Mud Crab) Regulations 2018 (SL No. 20, 2018) Notified 25 July 2018 Commenced 25 July 2018 Fisheries Amendment (Off-shore Net and Line Fishery) Regulations 2018 (SL No. 25, 2018) Notified 14 December 2018 Commenced 17 December 2018 Fisheries Amendment Regulations 2019 (SL No. 31, 2019) Notified 27 November 2019 Commenced 27 November 2019 Planning Amendment Act 2020 (Act No. 19, 2020) Assent date 1 July 2020 Commenced 31 July 2020 (Gaz G30, 29 July 2020, p 1) Fisheries Amendment (Aboriginal Coastal Licence) Regulations 2021 (SL No. 7, 2021) Notified 2 June 2021 Commenced 2 June 2021 Fisheries Legislation Amendment Act 2022 (Act No. 27, 2022) Assent date 9 December 2022 Commenced 10 December 2022 (s 2) Fisheries Amendment (Infringement Notice) Regulations 2024 (SL No. 27, 2024) Date made 30 July 2024 Commenced 31 July 2024 (r 2) Fisheries Amendment Regulations 2026 (SL No. 10, 2026) Date made 30 April 2026 Commenced pts 1 and 2: 1 May 2026 (r 2(1)); rem: 1 July 2026 (r 2(2)) -- 227 of 240 -- ENDNOTES Fisheries Regulations 1992 212 3 SAVINGS AND TRANSITIONAL PROVISIONS r 12 Amendments of Fisheries Regulations (SL No. 19, 1994) r 5 Amendments of Fisheries Regulations (SL No. 15, 1998) r 9 Fisheries Amendment (Spanish Mackerel Fishery) Regulations 2005 (SL No. 4, 2005) 4 GENERAL AMENDMENTS General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Interpretation Legislation Amendment Act 2018 (Act No. 22, 2018) to: rr 1, 3, 10, 19, 26, 32, 46AAA, 46B, 100M, 107Y, 109, 110, 120, 122A, 122D, 122G, 122N, 141JQ, 145, 152, 162, 166, 167, 176, 178, 180, 200, 207, 209A and 210 and Sch 6. 5 LIST OF AMENDMENTS pt 1 hdg amd No. 3, 2012, r 23 r 3 amd No. 19, 1994, r 2; No. 3, 1995, r 3; No. 31, 1997, r 2; No. 10, 1999, r 2; No. 13, 2005, r 3; No. 3, 2008, r 3; No. 6, 2009, r 3; Act No. 36, 2008, s 152; No. 1, 2011, r 4; No. 2, 2011, r 3; No. 5, 2012, r 4; No. 3, 2012, rr 4 and 23; No. 36, 2013, r 3; No. 7, 2015, r 3; No. 8, 2015, r 3; Act No. 12, 2015, s 65; Act No. 23, 2016, s 45; No. 25, 2018, r 4; No. 31, 2019, r 4; Act No. 27, 2022, s 13; No. 10, 2026, rr 4 and 8 r 4 amd No. 3, 1995, r 4; No. 57, 2003, r 2; No. 4, 2005, r 4; No. 13, 2005, r 4; Act No. 4, 2007, s 7; No 38, 2009, r 4; No. 5, 2012, r 5; No. 3, 2012, rr 5 and 23; No. 18, 2015, r 3; Act No. 23, 2016, s 68; No. 20, 2018, r 4 r 5 amd No. 3, 1995, r 5; No. 3, 2012, r 23 r 6 sub No. 3, 1999, r 2 r 8 sub No. 3, 2012, r 6 r 9 sub No. 19, 1994, r 3; No 38, 2009, r 5 amd No. 36, 2013, r 4; No. 7, 2015, r 4; No. 44, 2016, r 4 r 10A ins No. 7, 2015, r 5 amd No. 19, 2015, r 3 r 10B ins No. 22, 2016, r 3 rr 12 – 13 amd No. 3, 2012, r 23 r 15 rep No. 3, 2012, r 7 ins Act No. 23, 2016, s 46 pt 3 div 2 hdg sub No. 10, 1999, r 3 amd Act No. 23, 2016, s 68 r 16 amd No. 10, 1999, r 4; No. 3, 2012, r 23; Act No. 23, 2016, s 68 r 17 amd No. 10, 1999, r 5; Act No. 23, 2016, s 68 r 18 amd No. 10, 1999, r 6; Act No. 23, 2016, s 68 r 19 amd No. 3, 1995, r 18; No. 10, 1999, r 7; No. 34, 2004, r 2; Act No. 36, 2008, s 152; No. 3, 2012, r 23; Act No. 23, 2016, s 68 r 20 amd Act No. 36, 2008, s 152; No. 3, 2012, r 23 r 21 amd No. 10, 1999, r 8; No. 3, 2012, r 23; Act No. 23, 2016, s 68 r 22 amd No. 10, 1999, r 9; No. 3, 2012, r 23; Act No. 23, 2016, s 68 pt 3 div 3 hdg amd Act No. 23, 2016, s 68 r 23A ins No. 6, 2009, r 4 amd No. 34, 2012, r 3 rep Act No. 23, 2016, s 47 r 24 rep Act No. 23, 2016, s 47 r 25 sub Act No. 23, 2016, s 47 -- 228 of 240 -- ENDNOTES Fisheries Regulations 1992 213 r 26 amd No. 19, 1994, r 4; Act No. 18, 2002, s 5; No. 28, 2008, r 3; No. 3, 2012, r 8; No. 30, 2014, r 3; Act No. 23, 2016, s 48 r 27 amd No. 3, 1995, r 18; Act No. 44, 2005, s 23; No. 3, 2012, r 23 rep Act No. 23, 2016, s 49 r 28 amd No. 3, 2012, r 23 sub Act No. 23, 2016, s 49 pt 3 div 3A hdg ins No. 18, 2018, r 4 r 28AA ins No. 18, 2018, r 4 pt 3 div 4 hdg ins No. 6, 2009, r 5 r 28A ins No. 6, 2009, r 5 amd Act No. 23, 2016, s 68 r 29 sub No. 3, 2012, r 9 r 31 amd No. 11, 2006, r 4; No. 3, 2012, r 10 r 32 sub No. 3, 2012, r 11 r 33 amd No. 3, 2012, r 23 r 34 amd No. 3, 2012, r 12 r 38A ins No. 5, 2012, r 6 r 39 amd No. 3, 2008, r 4 sub No. 2, 2011, r 4 amd Act No. 28, 2011, s 5 sub No. 3, 2012, r 13 r 39A ins No 38, 2009, r 6 sub No. 2, 2011, r 4 amd Act No. 28, 2011, s 5 rep No. 3, 2012, r 13 r 40 amd No. 13, 2005, r 5 r 41 amd No. 3, 2012, r 23; No. 7, 2015, r 6 r 43 amd No. 7, 2015, r 7 pt 5 note ins No. 3, 2012, r 14 pt 5 div 1 hdg ins No. 7, 2015, r 8 r 46 amd No. 3, 2012, r 15; No. 7, 2015, r 9 rr 46AAA – 46AAB ins No. 3, 2012, r 16 r 46AAC ins No. 3, 2012, r 16 amd No. 44, 2016, r 10 pt 5 div 2 hdg ins No. 7, 2015, r 10 pt 5 div 2 sdiv 1 hdg ins No. 7, 2015, r 10 r 46AA ins No. 49, 2001, r 1 amd No 38, 2009, r 7; Act No. 28, 2011, s 5; No. 3, 2012, r 17 sub No. 7, 2015, r 10 amd No. 10, 2026, r 5 pt 5 div 2 sdiv 2 hdg ins No. 7, 2015, r 10 r 46AB ins No. 7, 2015, r 10 amd No. 10, 2026, r 6 r 46AC ins No. 7, 2015, r 10 pt 5 div 2 sdiv 3 hdg ins No. 7, 2015, r 10 rr 46AD – 46AE ins No. 7, 2015, r 10 -- 229 of 240 -- ENDNOTES Fisheries Regulations 1992 214 pt 5 div 2 sdiv 4 hdg ins No. 7, 2015, r 10 r 46AF ins No. 7, 2015, r 10 r 46AG ins No 38, 2009, r 8 sub No. 2, 2011, r 5 amd Act No. 28, 2011, s 5; No. 3, 2012, r 18; No. 36, 2013, r 5 renum No. 7, 2015, r 11 r 46A ins No. 40, 1996 sub No. 49, 2001, r 1; No. 57, 2003, r 3 amd Act No. 28, 2011, s 5; No. 3, 2012, r 23; No. 36, 2013, r 6; No. 7, 2015, r 12 r 46B ins No. 31, 1997, r 3 amd No. 49, 2001, r 2; No. 22, 2007, r 3; Act No. 28, 2011, s 5; No. 3, 2012, r 19; No. 36, 2013, r 7; No. 7, 2015, r 13; No. 19, 2015, r 4; No. 10, 2026, r 7 pt 5 div 3 hdg ins No. 7, 2015, r 14 rr 46BAA – 46BAD ins No. 7, 2015, r 14 pt 5 div 4 hdg ins No. 7, 2015, r 14 r 46BA ins No. 49, 2001, r 3 amd Act No. 28, 2011, s 5; No. 3, 2012, r 20 r 46C ins No. 3, 2012, r 21 amd No. 7, 2015, r 15 r 46D ins No. 18, 2018, r 5 r 47 amd No. 3, 2012, r 23 rep Act No. 23, 2016, s 50 r 49 amd No. 3, 2012, r 23 r 50 sub No. 3, 1995, r 6 amd No. 31, 1997, r 4 rep Act No. 23, 2016, s 50 r 51 rep No. 31, 1997, r 5 r 53 amd No. 5, 2012, r 18; No. 25, 2018, r 5 r 56 amd No. 44, 2016, r 10 r 58 amd No. 31, 1997, r 6 sub No. 1, 2011, r 5 amd Act No. 23, 2016, s 68 r 59 amd No. 3, 2012, r 23; No. 8, 2015, r 4; No. 18, 2015, r 4 r 60 amd No. 3, 2012, r 23 rr 62 – 63 amd No. 3, 2012, r 23 r 67 amd No. 31, 1997, r 22 r 68 sub No. 34, 2004, r 3 amd No. 3, 2012, r 23 r 69 amd No. 31, 1997, r 7; Act No. 23, 2016, s 68 r 71 amd No. 3, 1995, r 7; No. 3, 2008, r 5; No. 3, 2012, r 23; No. 8, 2015, r 5; No. 44, 2016, r 10 r 72 sub No. 31, 1997, r 8 amd No. 20, 2003; No. 3, 2012, r 23 r 72A ins No. 19, 2003, r 1 pt 8 div 1 hdg sub No. 3, 1995, r 8 pt 8 div 1 sdiv 1 hdg ins No. 19, 2015, r 5 r 73 sub No. 3, 1995, r 8 amd No. 17, 2000, r 1; No. 19, 2015, r 6 -- 230 of 240 -- ENDNOTES Fisheries Regulations 1992 215 r 74 sub No. 3, 1995, r 8 amd No. 3, 2012, r 23; No. 19, 2015, r 7 r 75 sub No. 3, 1995, r 8 rep No. 19, 2015, r 8 r 76 sub No. 3, 1995, r 8 amd No. 3, 2012, r 23 rep No. 19, 2015, r 8 r 76A ins No. 3, 1995, r 8 amd No.17, 2000, r 2 rep No. 19, 2015, r 8 r 77 sub No. 3, 1995, r 8 pt 8 div 1 sdiv 2 hdg ins No. 19, 2015, r 9 r 77A ins No. 19, 2015, r 9 r 78 sub No. 3, 1995, r 8 amd No. 3, 2012, r 23; No. 19, 2015, r 10 r 78A ins No. 3, 1995, r 8 amd No. 3, 2012, r 23; No. 19, 2015, r 11 pt 8 div 1 sdiv 3 hdg ins No. 19, 2015, r 12 rr 78B – 78C ins No. 19, 2015, r 12 rr 78D – 78F ins No. 19, 2015, r 12 amd No. 10, 2026, r 12 pt 8 div 1 sdiv 4 hdg ins No. 19, 2015, r 12 rr 78G – 78Q ins No. 19, 2015, r 12 pt 8 div 1 sdiv 5 hdg ins No. 19, 2015, r 12 rr 78R – 78T ins No. 19, 2015, r 12 pt 8 div 1 sdiv 6 hdg ins No. 19, 2015, r 12 rr 78U – 78W ins No. 19, 2015, r 12 r 79 amd No. 3, 2012, r 23 r 80 amd No. 34, 2016, r 3 r 82 rep No. 34, 2016, r 4 r 83 amd No. 12, 2008, r 3 r 84 amd No. 3, 2012, r 23; No. 34, 2016, r 5 rr 85 – 86 amd No. 3, 2012, r 23 r 87 amd No. 34, 2016, r 6 r 88 rep No. 34, 2016, r 4 r 89 amd No. 12, 2008, r 4; No. 7, 2015, r 16 rr 90 – 91 amd No. 3, 2012, r 23 pt 8 div 4 hdg sub No. 4, 2005, r 5 r 92 sub No. 4, 2005, r 5 amd No. 3, 2012, r 23 r 93 sub No. 19, 1994, r 5 amd No. 3, 1995, r 18 rep No. 4, 2005, r 5 r 94 amd No. 3, 1995, r 18 rep No. 4, 2005, r 5 r 95 rep No. 4, 2005, r 5 -- 231 of 240 -- ENDNOTES Fisheries Regulations 1992 216 pt 8 div 5 hdg sub No. 3, 1995, r 9; No. 48, 2005, r 3 pt 8 div 5 sdiv 1 hdg ins No. 25, 2018, r 6 r 96 sub No. 3, 1995, r 9 amd No. 13, 2005, r 6; No. 48, 2005, r 4 sub No. 25, 2018, r 6 r 96A ins No. 3, 1995, r 9 sub No. 48, 2005, r 5 amd No. 25, 2018, r 7 r 96B ins No. 3, 1995, r 9 amd No. 3, 1999, r 3; No. 48, 2005, r 13; Act No. 23, 2016, s 68; No. 44, 2016, r 10 sub No. 25, 2018, r 8 r 96C ins No. 3, 1995, r 9 sub No. 13, 2005, r 7 amd No. 48, 2005, r 13; No. 3, 2012, r 23 sub No. 25, 2018, r 8 pt 8 div 5 sdiv 2 hdg ins No. 25, 2018, r 8 r 96CA ins No. 13, 2005, r 7 amd No. 48, 2005, r 13 sub No. 25, 2018, r 8 r 96CB ins No. 13, 2005, r 7 amd No. 48, 2005, r 6; Act No. 28, 2011, s 5; No. 3, 2012, r 23; Act No. 23, 2016, s 51 sub No. 25, 2018, r 8 r 96CC ins No. 13, 2005, r 7 amd No. 48, 2005, r 7; Act No. 23, 2016, s 52 sub No. 25, 2018, r 8 r 96CD ins No. 25, 2018, r 8 amd No. 10, 2026, r 12 pt 8 div 5 sdiv 3 hdg ins No. 25, 2018, r 8 r 96CE ins No. 25, 2018, r 8 sub No. 10, 2026, r 9 r 96CF ins No. 25, 2018, r 8 amd No. 10, 2026, r 10 r 96CG ins No. 25, 2018, r 8 amd No. 10, 2026, r 12 r 96CH ins No. 25, 2018, r 8 sub No. 10, 2026, r 11 r 96CI ins No. 25, 2018, r 8 amd No. 10, 2026, r 12 pt 8 div 5 sdiv 4 hdg ins No. 25, 2018, r 8 rr 96CJ – 96CL ins No. 25, 2018, r 8 pt 8 div 5 sdiv 5 hdg ins No. 25, 2018, r 8 rr 96CM – 96CO ins No. 25, 2018, r 8 -- 232 of 240 -- ENDNOTES Fisheries Regulations 1992 217 pt 8 div 5 sdiv 6 hdg ins No. 25, 2018, r 8 r 96D ins No. 3, 1995, r 9 amd No. 3, 1999, r 4; No. 39, 2001, r 1; No. 13, 2005, r 8; No. 48, 2005, r 8; Act No. 28, 2011, s 5; No. 3, 2012, r 23; No. 25, 2018, r 9 r 97 sub No. 3, 1995, r 9 amd No. 3, 1999, r 5; No. 36, 1999, r 1; No. 48, 2005, r 9; Act No. 23, 2016, s 53 rep No. 25, 2018, r 10 r 98 sub No. 3, 1995, r 9 amd No. 3, 1999, r 6; No. 13, 2005, r 9; No. 48, 2005, r 10; Act No. 23, 2016, s 54 rep No. 25, 2018, r 10 r 99 sub No. 3, 1995, r 9 amd No. 13, 2005, r 10; No. 48, 2005, r 13 rep No. 25, 2018, r 10 r 100 sub No. 3, 1995, r 9 amd No. 3, 1999, r 7; No. 13, 2005, r 11; No. 48, 2005, r 13; No. 3, 2012, r 23; No. 7, 2015, r 17; No. 25, 2018, r 11 r 100A ins No. 3, 1995, r 9 amd No. 48, 2005, r 13 sub No. 25, 2018, r 12 r 100B ins No. 25, 2018, r 12 r 100C ins No. 25, 2018, r 12 amd No. 10, 2026, r 12 rr 100D – 100E ins No. 25, 2018, r 12 r 100F ins No. 25, 2018, r 12 amd No. 10, 2026, r 12 rr 100G – 100P ins No. 25, 2018, r 12 pt 8 div 6 hdg sub No. 3, 1995, r 10; No. 5, 2012, r 7 pt 8 div 6 sdiv 1 hdg ins No. 5, 2012, r 7 r 101 sub No. 3, 1995, r 10; No. 5, 2012, r 7 amd No. 25, 2018, r 16 r 102 sub No. 3, 1995, r 10; No. 5, 2012, r 7 r 103 sub No. 3, 1995, r 10; No. 5, 2012, r 7 amd No. 7, 2017, r 3 pt 8 div 6 sdiv 2 hdg ins No. 5, 2012, r 7 rr 104 – 105 sub No. 3, 1995, r 10; No. 5, 2012, r 7 r 106 sub No. 3, 1995, r 10; No. 5, 2012, r 7 amd No. 25, 2018, r 16 r 107 sub No. 3, 1995, r 10; No. 5, 2012, r 7 pt 8 div 6 sdiv 3 hdg ins No. 5, 2012, r 7 rr 107A – 107D ins No. 5, 2012, r 7 amd No. 10, 2026, r 12 pt 8 div 6 sdiv 4 hdg ins No. 5, 2012, r 7 -- 233 of 240 -- ENDNOTES Fisheries Regulations 1992 218 rr 107E – 107H ins No. 5, 2012, r 7 r 107J ins No. 5, 2012, r 7 amd No. 10, 2026, r 12 r 107K ins No. 5, 2012, r 7 amd No. 5, 2012, r 19 r 107KA ins No. 5, 2012, r 20 rr 107L – 107X ins No. 5, 2012, r 7 r 107Y ins No. 5, 2012, r 7 amd No. 25, 2018, r 16 r 107Z ins No. 5, 2012, r 7 pt 8 div 6 sdiv 5 hdg ins No. 5, 2012, r 7 r 108 rep No. 31, 1997, r 9 ins No. 5, 2012, r 7 rr 108A – 108B ins No. 5, 2012, r 7 pt 8 div 6 sdiv 6 hdg ins No. 5, 2012, r 7 rr 108C – 108E ins No. 5, 2012, r 7 r 109 amd No. 31, 1997, r 10 pt 8 div 8 hdg sub No. 11, 2006, r 5 r 111 rep No. 31, 1997, r 11 ins No. 11, 2006, r 5 rr 112 – 114 rep No. 11, 2006, r 5 r 116 rep No. 34, 2016 r 7 pt 8 div 10 hdg sub No. 3, 1995, r 11; No. 15, 1998, r 2 pt 8 div 10 sdiv 1 hdg ins No. 3, 1995, r 11 sub No. 15, 1998, r 2 amd No. 50, 2012, r 4 r 117 sub No. 3, 1995, r 11; No. 15, 1998, r 2 amd No. 23, 2006, r 3; No. 3, 2012, r 23 r 117A ins No. 3, 1995, r 11 rep No. 15, 1998, r 2 r 118 sub No. 3, 1995, r 11; No. 15, 1998, r 2 r 118A ins No. 3, 1995, r 11 rep No. 15, 1998, r 2 r 119 sub No. 3, 1995, r 11; No. 15, 1998, r 2 amd No. 3, 2012, r 23 r 119A ins No. 3, 1995, r 11 rep No. 15, 1998, r 2 pt 8 div 10 sdiv 2 hdg ins No. 3, 1995, r 11 sub No. 15, 1998, r 2 r 120 sub No. 3, 1995, r 11; No. 15, 1998, r 2 amd No. 3, 2012, r 23 rr 120A – 120B ins No. 3, 1995, r 11 rep No. 15, 1998, r 2 -- 234 of 240 -- ENDNOTES Fisheries Regulations 1992 219 r 121 amd No. 19, 1994, r 6 sub No. 3, 1995, r 11; No. 15, 1998, r 2 amd No. 3, 2012, r 23 r 122 sub No. 3, 1995, r 11; No. 15, 1998, r 2pt 8 pt 8 div 10 sdiv 3 hdg ins No. 15, 1998, r 2 r 122A ins No. 3, 1995, r 11 sub No. 15, 1998, r 2 amd No. 3, 2012, r 23; Act No. 38, 2014, s 2 r 122B ins No. 3, 1995, r 11 sub No. 15, 1998, r 2 pt 8 div 10 sdiv 4 hdg ins No. 15, 1998, r 2 rr 122C – 122D ins No. 3, 1995, r 11 sub No. 15, 1998, r 2 r 122E ins No. 3, 1995, r 11 sub No. 15, 1998, r 2 amd No. 3, 2012, r 23 pt 8 div 10 sdiv 5 hdg ins No. 15, 1998, r 2 r 122F ins No. 3, 1995, r 11 sub No. 15, 1998, r 2 rr 122G – 122J ins No. 15, 1998, r 2 rr 122K – 122L ins No. 15, 1998, r 2 amd No. 44, 2016, r 10 r 122M ins No. 15, 1998, r 2 amd No. 50, 2012, r 4 pt 8 div 10 sdiv 6 hdg ins No. 15, 1998, r 2 rr 122N – 122Q ins No. 15, 1998, r 2 r 122R ins No. 15, 1998, r 2 amd No. 3, 2012, r 23; No. 50, 2012, r 4 pt 8 div 11 hdg rep No. 3, 1999, r 8 rr 123 – 128 rep No. 3, 1999, r 8 r 130 rep No. 27, 2008, r 3 ins No. 28, 2009, r 3 r 131 amd No. 3, 1995, r 18 r 132 amd No. 3, 2012, r 23; No. 8, 2015, r 6; No. 18, 2015, r 5 r 135 sub No. 44, 2016, r 5 r 135A ins No. 19, 1994, r 7 r 138 sub Act No. 23, 2016, s 55 r 139 amd No. 3, 1995, r 18; No. 3, 2012, r 23 r 140 amd No. 3, 1995, r 18; No. 3, 1999, r 9; No. 3, 2012, r 23 r 141 amd No. 3, 1995, r 18 pt 8 div 15 hdg ins No. 3, 1995, r 12 pt 8 div 15 sdiv 1 hdg ins No. 1, 2011, r 6 -- 235 of 240 -- ENDNOTES Fisheries Regulations 1992 220 r 141A ins No. 3, 1995, r 12 sub No. 1, 2011, r 6 amd No. 5, 2012, r 17 r 141B ins No. 3, 1995, r 12 amd No. 1, 2011, r 7 r 141C ins No. 3, 1995, r 12 amd No. 3, 2012, r 23 pt 8 div 15 sdiv 2 hdg ins No. 1, 2011, r 8 r 141D ins No. 3, 1995, r 12 sub No. 1, 2011, r 8 r 141E ins No. 3, 1995, r 12 sub No. 1, 2011, r 8 amd No. 5, 2012, r 17 r 141F ins No. 3, 1995, r 12 sub No. 1, 2011, r 8 amd No. 25, 2018, r 16 r 141G ins No. 3, 1995, r 12 sub No. 1, 2011, r 8 pt 8 div 15 sdiv 3 hdg ins No. 1, 2011, r 8 r 141H ins No. 3, 1995, r 12 sub No. 1, 2011, r 8 amd No. 10, 2026, r 12 r 141J ins No. 3, 1995, r 12 sub No. 1, 2011, r 8 amd Act No. 38, 2014, s 2; No. 10, 2026, r 12 r 141JA ins No. 1, 2011, r 8 amd No. 5, 2012, r 17; No. 10, 2026, r 12 r 141JB ins No. 1, 2011, r 8 amd No. 5, 2012, r 8; No. 10, 2026, r 12 pt 8 div 15 sdiv 4 hdg ins No. 1, 2011, r 8 rr 141JC – 141JD ins No. 1, 2011, r 8 amd Act No. 28, 2011, s 5 r 141JDA ins No. 5, 2012, r 21 r 141JE ins No. 1, 2011, r 8 amd Act No. 28, 2011, s 5 sub No. 5, 2012, r 9 rr 141JF – 141JG ins No. 1, 2011, r 8 amd Act No. 28, 2011, s 5; No. 5, 2012, r 17 r 141JH ins No. 1, 2011, r 8 amd Act No. 28, 2011, s 5; No. 5, 2012, r 17; No. 3, 2012, r 23 r 141JI ins No. 1, 2011, r 8 amd Act No. 28, 2011, s 5; No. 5, 2012, r 17 rr 141JJ – 141JK ins No. 1, 2011, r 8 amd Act No. 28, 2011, s 5 rr 141JL – 141JO ins No. 1, 2011, r 8 amd Act No. 28, 2011, s 5; No. 5, 2012, r 17 -- 236 of 240 -- ENDNOTES Fisheries Regulations 1992 221 r 141JP ins No. 1, 2011, r 8 amd Act No. 28, 2011, s 5 sub No. 5, 2012, r 10 r 141JQ ins No. 1, 2011, r 8 amd Act No. 28, 2011, s 5; No. 5, 2012, r 11; No. 25, 2018, r 16 r 141JR ins No. 1, 2011, r 8 amd Act No. 28, 2011, s 5; No. 5, 2012, r 12 pt 8 div 15 sdiv 5 hdg ins No. 1, 2011, r 8 r 141JS ins No. 1, 2011, r 8 rr 141JT – 141JU ins No. 1, 2011, r 8 amd No. 5, 2012, r 17 pt 8 div 15 sdiv 6 hdg ins No. 1, 2011, r 8 r 141JV ins No. 1, 2011, r 8 rr 141JW – 141JX ins No. 1, 2011, r 8 amd No. 5, 2012, r 17 pt 8 div 16 hdg ins No. 3, 1995, r 12 rep No. 5, 2012, r 13 r 141K ins No. 3, 1995, r 12 amd No. 4, 2005, r 6 rep No. 5, 2012, r 13 r 141L ins No. 3, 1995, r 12 rep No. 5, 2012, r 13 r 141M ins No. 3, 1995, r 12 amd No. 39, 2001, r 2 rep No. 5, 2012, r 13 r 141N ins No. 3, 1995, r 12 amd No. 3, 2000 rep No. 5, 2012, r 13 r 141P ins No. 3, 1995, r 12 rep No. 5, 2012, r 13 r 141Q ins No. 3, 1995, r 12 amd No. 4, 2005, r 7 rep No. 5, 2012, r 13 r 141QA ins No. 4, 2005, r 8 amd Act No. 28, 2011, s 5 rep No. 5, 2012, r 13 pt 8 div 17 hdg ins No. 3, 1995, r 12 rr 141R – 141S ins No. 3, 1995, r 12 r 141T ins No. 3, 1995, r 12 amd No. 31, 1997, r 12 rr 141U – 141X ins No. 3, 1995, r 12 r 141Y ins No. 3, 1995, r 12 amd No. 3, 2012, r 23 rr 143 – 144 amd No. 3, 2012, r 23 r 145 amd Act No. 86, 1993, s 3(2); Act No. 56, 1999, s 3(2); Act No. 7, 2011, s 147 r 146 rep No. 31, 1997, r 13 r 147 amd No. 31, 1997, r 14 sub No. 3, 2008, r 6 -- 237 of 240 -- ENDNOTES Fisheries Regulations 1992 222 r 148 amd No. 3, 2012, r 23 r 151 amd No. 3, 2012, r 23; No. 8, 2015, r 7; No. 18, 2015, r 6 r 153 rep No. 34, 2004, r 4 r 155 amd No. 3, 2012, r 23; No. 8, 2015, r 8; No. 18, 2015, r 7 r 157 amd No. 3, 2012, r 23 r 158 amd No. 3, 2012, r 23; No. 8, 2015, r 9; No. 18, 2015, r 8 pt 9 div 5 hdg ins No. 1, 2011, r 9 amd No. 5, 2012, r 17 r 158A ins No. 1, 2011, r 9 amd Act No. 28, 2011, s 5; No. 5, 2012, r 17 r 159 amd No. 8, 2015, r 10 rep Act No. 23, 2016, s 56 rr 160 – 161 amd No. 3, 2012, r 23 r 162 amd Act No. 86, 1993, s 3(2); Act No. 7, 2011, s 147; No. 8, 2015, r 11; Act No. 19, 2020, s 96 r 164 rep No. 31, 1997, r 15 r 166 amd No. 8, 2015, r 12 r 167 amd No. 8, 2015, r 13 r 168 amd No. 3, 2012, r 23; Act No. 23, 2016, s 68 r 169 amd No. 3, 2012, r 23 r 170 amd No. 15, 1998, r 3; No. 3, 2012, r 23; No. 8, 2015, r 14 r 171 amd Act No. 38, 2002, s 7; No. 3, 2012, r 23 r 172 amd No. 3, 2012, r 23 r 173 amd No. 31, 1997, r 22; No. 3, 2012, r 23; No. 8, 2015, r 15; No. 18, 2015, r 9 r 174 amd No. 31, 1997, r 16 sub No. 3, 2008, r 7 amd No. 8, 2015, r 16 r 175 amd No. 31, 1997, r 22 pt 10 div 2A hdg ins No. 8, 2015, r 17 rr 175A – 175C ins No. 8, 2015, r 17 r 175D ins No. 8, 2015, r 17 amd No. 18, 2015, r 10 rr 175E – 175F ins No. 8, 2015, r 17 pt 10 div 3 hdg sub No. 15, 1998, r 4 r 176 sub No. 15, 1998, r 4 amd No. 3, 2012, r 23; No. 50, 2012, r 4 r 177 sub No. 15, 1998, r 4 r 178 sub No. 15, 1998, r 4 amd No. 3, 2012, r 23 r 179 amd No. 31, 1997, r 22 sub No. 15, 1998, r 4 r 180 amd No. 19, 1994, r 8 sub No. 15, 1998, r 4 amd No. 3, 2012, r 23; No. 50, 2012, r 4 r 181 amd No. 31, 1997, r 22 sub No. 15, 1998, r 4 r 181A ins No. 15, 1998, r 4 r 181B ins No. 15, 1998, r 4 amd No. 3, 2012, r 23; Act No. 23, 2016, s 68 r 183 amd No. 3, 2012, r 23; Act No. 19, 2014, s 26 sub No. 44, 2016, r 6 r 184 amd No. 3, 2012, r 23; No. 18, 2015, r 11 r 187 sub No. 44, 2016, r 7 -- 238 of 240 -- ENDNOTES Fisheries Regulations 1992 223 r 188 amd No. 18, 2015, r 12 r 189 sub No. 18, 2015, r 13 amd No. 7, 2021, r 4 r 190 amd No. 3, 2012, r 23; No. 18, 2015, r 14 r 191 sub No. 18, 2015, r 15 r 191A ins No. 18, 2015, r 15 amd No. 44, 2016, r 8' No. 7, 2021, r 5 r 192 sub No. 31, 1997, r 17 amd No. 3, 2012, r 23 sub Act No. 23, 2016, s 57 r 193 amd No. 3, 2012, r 23 r 194 rep No. 19, 2015, r 13 rr 195 – 196 sub No. 31, 1997, r 18 amd Act No. 23, 2016, s 68 r 196A ins No. 3, 2012, r 22 sub Act No. 23, 2016, s 58 r 197 rep Act No. 23, 2016, s 58 r 198 amd No. 31, 1997, r 19; Act No. 23, 2016, s 68 r 199 amd No. 3, 2008, r 8; No. 3, 2012, r 23; No. 8, 2015, r 18; No. 18, 2015, r 16; Act No. 23, 2016, s 59 r 200 amd Act No. 86, 1993, s 3(2); Act No. 19, 2020, s 96 r 201A ins No. 3, 2008, r 9 pt 11 div 4A hdg ins No. 3, 2008, r 10 r 202 rep No. 31, 1997, r 20 ins No. 3, 2008, r 10 amd No. 3, 2012, r 23; No. 8, 2015, r 19; No. 18, 2015, r 17; Act No. 23, 2016, s 60 r 202A ins No. 3, 2008, r 10 r 203 amd No. 3, 2012, r 23 sub Act No. 23, 2016, s 61 r 204 amd No. 31, 1997, r 22 pt 11A hdg ins No. 44, 2016, r 9 rr 205AA – 205AD ins No. 44, 2016, r 9 pt 12 hdg amd No. 31, 1997, r 21 r 205A ins Act No. 7, 2004, s 12 sub Act No. 23, 2016, s 62 r 206 amd No. 3, 1995, r 13; Act No. 27, 1999, s 16; No. 46, 2003, r 2; Act No. 4, 2007, s 7; Act No. 25, 2009, s 11; No. 1, 2011, r 10; No. 3, 2012, r 23; Act No. 23, 2016, s 68; No. 31, 2019, r 5 r 207 amd No. 19, 1994, r 9; No. 3, 1995, r 14; Act No. 27, 1999, s 16; No. 46, 2003, r 3; Act No. 4, 2007, s 7; Act No. 25, 2009, s 11; No. 1, 2011, r 11; No. 3, 2012, r 23; No. 8, 2015, r 20 r 208 amd No. 3, 2012, r 23 r 208A ins No. 1, 2011, r 12 r 208B ins No. 5, 2012, r 14 r 208C ins No. 50, 2012, r 3 r 208CA ins No. 25, 2018, r 13 r 208D ins No. 1, 2018, r 4 amd No. 25, 2018, r 16 r 209 amd No. 3, 2012, r 23; Act No. 23, 2016, s 63 r 209A ins No. 3, 1995, r 15 amd No. 3, 2012, r 23; Act No. 38, 2014, s 2; Act No. 23, 2016, s 68 r 209B ins No. 1, 2011, r 13 sub Act No. 23, 2016, s 64 pt 13 hdg ins No. 48, 2005, r 11 pt 14 hdg ins No. 48, 2005, r 12 -- 239 of 240 -- ENDNOTES Fisheries Regulations 1992 224 rr 211 – 213 ins No. 48, 2005, r 12 pt 15 hdg ins No. 23, 2006, r 4 rr 214 – 215 ins No. 23, 2006, r 4 pt 16 hdg ins No. 1, 2011, r 14 rr 216 – 221 ins No. 1, 2011, r 14 pt 17 hdg ins No. 5, 2012, r 15 rr 222 – 227 ins No. 5, 2012, r 15 pt 18 hdg ins No. 19, 2015, r 14 rr 228 – 232 ins No. 19, 2015, r 14 pt 19 hdg ins No. 25, 2018, r 14 rr 233 – 238 ins No. 25, 2018, r 14 sch 1 hdg amd No. 3, 2012, r 23 sch 1 sub No. 6, 2009, r 6; Act No. 23, 2016, s 65 sch 1AA ins No. 2, 2011, r 6 sch 1AB ins No. 7, 2015, r 18 sch 1AC ins No. 22, 2016, r 4 sch 1A ins No. 6, 2009, r 6 sub No. 34, 2012, r 4 rep Act No. 23, 2016, s 66 sch 2 amd No. 19, 1994, r 10 sub No. 3, 1995, r 16 amd No. 3, 1999, r 10; No. 46, 2003, r 4; No. 48, 2005, r 13; No. 10, 2007, r 2; No. 3, 2008, r 11; No. 5, 2012, r 17; No. 8, 2015, r 21 sch 3 amd No. 19, 1994, r 11 sub No. 3, 1995, r 17 amd No. 3, 1999, r 11; No. 46, 2003, r 5; No. 48, 2005, r 13; No. 5, 2012, r 17 sch 4 ins No. 10, 1999, r 10 rep No. 6, 2009, r 7 sch 5 ins No. 19, 2003, r 2 sch 6 ins Act No. 7, 2004, s 12 amd No. 1, 2011, r 15; Act No. 28, 2011, s 5; No. 5, 2012, r 16; No. 7, 2015, r 19; No. 22, 2016, r 5; Act No. 23, 2016, s 67; No. 1, 2018, r 5; No. 18, 2018, r 6; No. 20, 2018, r 5; No. 25, 2018, r 15 sub No. 27, 2024, r 4 sch 7 ins No. 28, 2008, r 4 sch 8 ins No. 18, 2018, r 7 -- 240 of 240 --