Fisheries Regulations 1992

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

(c) does not exceed 16 m in length (excluding any attached haul lines); and

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

cast net means a net which:

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

complying freshwater pot means an enclosed pot that:

(c) has not more than 2 openings (excluding any opening for emptying crustaceans from the pot or placing bait in the pot); and

(d) does not have metal or other rigid material protruding into the funnel of the pot; 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:

(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:

(i) is stretched over one or more metal hoops that do not exceed 1 m in diameter; and

(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:

(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:

finfish trawl gear means a net:

(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:

(b) has an external structure made of wire, steel or other rigid material or other approved material; and

(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 m² 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:

(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.

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:

(b) with a mesh size of not less than 160 mm and not greater than 185 mm; and

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

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.

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:

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.

(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.

(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;

(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:

(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;

(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.

A person shall not, without lawful authority:

(a) interfere with a vessel or fishing gear being used for fishing; or

(1) A person must not place or retain a fish on a tether after the fish has been taken.

(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.

(1) A person must not take or have possession of any of the following:

(c) sawfish of the genus Pristis, but not including wide sawfish (Pristis pectinata);

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.

(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.

(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.

(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.

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:

(b) does not do so in accordance with the written permission of the Tiwi Land Council.

Maximum penalty: 170 penalty units.

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

(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).