Fisheries Management (Abalone Share Management Plan) Regulation 2000

This Regulation is the Fisheries Management (Abalone Share Management Plan) Regulation 2000.

The Abalone Share Management Plan set out in the Appendix to this Regulation has effect.

The explanatory note, table of contents and notes in the text of this Regulation (including the Appendix) do not form part of this Regulation.

The minimum shareholding in the fishery is 70 shares.

Note—

A person who holds shares in the share management fishery is not entitled to take fish in the fishery or to nominate another person to do so on the shareholder’s behalf unless the shareholder has the minimum shareholding for the fisher (see sections 66 and 67 of the Act).

The maximum shareholding in the fishery is 210 shares.

A person may not be nominated by a shareholder to take abalone on behalf of the shareholder if—

the person has been convicted, within the period of 5 years before the nomination is made, of an abalone offence or a serious fisheries offence, or

the person has been charged with or summoned for an abalone offence or a serious fisheries offence and proceedings in respect of that offence are pending.

(Repealed)

Note—

See Part 3 of the Fisheries Management Supporting Plan set out in the Fisheries Management (Supporting Plan) Regulation 2006 for further provisions in relation to nomination of fishers.

The Minister may refuse to endorse the commercial fishing licence of a commercial fisher if—

the commercial fisher has been convicted of an abalone offence, or a serious fisheries offence, within the period of 5 years before the application for endorsement is made, or

the commercial fisher is nominated by a shareholder who has been convicted of a serious fisheries offence within the period of 5 years before the application for endorsement is made.

Note—

Section 68 of the Act provides that an application for endorsement is to be made in the form and manner approved by the Minister.

The Minister may suspend or cancel an endorsement of a nominated fisher if—

the fisher does anything that would be grounds for cancellation or suspension of the fisher’s commercial fishing licence, or

the Minister is satisfied that the fisher has contravened a provision of this Plan, or

the shareholder who nominated the fisher—

revokes the nomination, or

nominates another commercial fisher to take abalone in the fishery on the shareholder’s behalf, or

is convicted of an abalone offence or a serious fisheries offence, or

becomes the nominated fisher of another shareholder in the same fishery.

The Minister may suspend or cancel an endorsement of a commercial fisher who is a shareholder if—

the shareholder is convicted of an abalone offence or a serious fisheries offence, or

if the Minister is satisfied that the shareholder has contravened a provision of this Plan, or

the shareholder becomes the nominated fisher of another shareholder in the same fishery.

The Minister may suspend an endorsement for a specified period of no less than 4 weeks at the request of the holder of the endorsed licence. The suspension period may be shortened or lengthened by the Minister on request of the holder of the endorsement.

Note—

An endorsement may be suspended or cancelled if the holder of the licence ceases to be eligible to have the licence endorsed, for instance, because the holder holds less than the minimum shareholding in the fishery. The endorsement may also be cancelled or suspended if the shareholder fails to pay any community contribution, management charge or other amount due under Part 3 of the Act. (See section 68 (7) of the Act.) If an endorsement of a shareholder is suspended or cancelled, the shareholder is not entitled to nominate another person to take abalone on the shareholder’s behalf (see section 68 (8) of the Act).

A nominated fisher must notify the shareholder who nominated him or her to take abalone in the fishery on the shareholder’s behalf if the person is charged with or summoned for an offence against this Plan, the Act or the regulations under the Act.

The notice must be given to the shareholder within 24 hours after the nominated fisher is charged with the offence.

Contravention of this clause is an endorsement holder offence.

In this Part—

daily log sheet means the form known as the “NSW DPI Abalone Fishery Daily Catch and Effort Record” provided to shareholders by the Department.

docket book means the booklet containing daily log sheets and known as the “NSW DPI Abalone Fishery Catch and Effort Logbook” provided to shareholders by the Department.

In this Part, hanging abalone refers to the practice of storing abalone that has been taken for sale in a bin or other container that is in the water, without landing the abalone.