Inland Fisheries Regulations 2019

Inland Fisheries Regulations 2019

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Inland Fisheries Act 1995 .

C. WARNER

Governor

By Her Excellency's Command,

GUY BARNETT

Minister for Primary Industries and Water

PART 1 - Preliminary

1.   Short title

These regulations may be cited as the Inland Fisheries Regulations 2019 .

2.   Commencement

These regulations take effect on 9 December 2019.

3.   Interpretation

(1)  In these regulations –

Act means the Inland Fisheries Act 1995 ;

bait means –

(a) an animal that is stored alive or dead for the purpose of bait; or

(b) an animal that is used alive or dead as bait; or

(c) a product wholly or partially derived from animal product that –

(i) is capable of being affixed to a hook; and

(ii) is designed to attract, or is capable of attracting, fish by its scent; or

(d) a product wholly or partially derived from artificial product that –

(i) is capable of being affixed to a hook; and

(ii) is designed to attract, or is capable of attracting, fish by its scent;

bank, in relation to inland waters, includes land within 100 metres of the edge or high-water mark of the inland waters;

blackfish means the species Gadopsis marmoratus of the family Gadopsidae;

bream means the species Acanthopagrus butcheri of the family Sparidae;

[Regulation 3 Subregulation (1) amended by S.R. 2023, No. 59, Applied:16 Aug 2023]

[Regulation 3 Subregulation (1) amended by S.R. 2023, No. 59, Applied:16 Aug 2023] Camden Lake means the water body located at grid reference 539933 5424268 (commonly known as Camden Lake);

commercial fisher means –

(a) the holder of a commercial freshwater fishing licence; or

(b) a person authorised or required by the holder of a commercial freshwater fishing licence to take freshwater fish on behalf of that licence holder;

day means the 24-hour period commencing at midnight on any calendar day;

drop, in relation to a wing or leader of a fyke net, means the vertical distance between the head rope and ground rope measured at 2 points at either end of the wing or leader;

eel trap means a trap that –

(a) does not exceed 720 millimetres in height; and

(b) does not exceed 1 200 millimetres in length; and

(c) does not exceed 800 millimetres in width; and

(d) does not have any wings or leaders; and

(e) has a mesh size of not less than 15 millimetres; and

(f) has a round rigid opening not more than 65 millimetres in diameter;

eligible pensioner means a person who is –

(a) the holder of a current pensioner concession card issued in accordance with the Social Security Act 1991 of the Commonwealth or as a fringe benefit under the Veterans' Entitlements Act 1986 of the Commonwealth; or

(b) the holder of a current Gold Card or White Card issued in accordance with the Veterans' Entitlements Act 1986 of the Commonwealth;

estuarine waters means any waters in a river that are subject to tidal movement;

freshwater crayfish means fish of the family Parastacidae;

fyke net means a collapsible, conical net that –

(a) has mesh of not less than 15 millimetres and not more than 39 millimetres; and

(b) has internal compartments and a tapered cod end; and

(c) has one entrance; and

(d) does not have a wing or leader attached that –

(i) is more than 10 metres in length; or

(ii) has a drop of more than 1 200 millimetres; and

(e) has a frame at the mouth of the net not more than 700 millimetres in height and 800 millimetres in width; and

(f) is securely fitted with a platypus exclusion screen; and

(g) does not contain bait;

grid reference means the grid reference taken from the Universal Grid Reference System used in Tasmania and based on the Geocentric Datum of Australia (also known as the "the GDA" or "GDA94") as defined in the Commonwealth Gazette No. GN 35, 6 September 1995;

junior angling development fishery means the waters specified in Schedule 2 ;

Lake Crescent waters includes waters in –

(a) Lake Crescent; and

(b) the outflow canal draining from Lake Crescent to the outflow screening structure at grid reference E512344 N5331352; and

(c) the inflow canal flowing into Lake Crescent from Lake Sorell;

Lake Duncan means the water body located at grid reference 485526 5348018 (commonly known as Lake Duncan);

Lake Lynch means the water body located at grid reference 485581 5347908 (commonly known as Lake Lynch);

Lamberts Dam means the water body located at grid reference 453376 5422762 (commonly known as Lamberts Dam);

landing net means a hand-held net that –

(a) has a handle of not more than 2 metres in length; and

(b) has an opening of not more than one metre in diameter; and

(c) is used to land a fish that is controlled with a rod and line;

lure means an artificial representation, of an animal, that –

(a) is capable of being affixed to a hook; and

(b) is designed to visually attract, or is capable of visually attracting, fish; and

(c) is not, in whole or in part, bait within the meaning of paragraph (c) or (d) of the definition of bait;

mesh has the meaning given by regulation 4;

platypus exclusion screen means a screen covering the mouth of a fyke net that does not have an opening with a perimeter of more than 220 millimetres in length;

prescribed waters, of the Western Lakes, means the waters of the Western Lakes other than the following waters:

(a) Carter Lakes;

(b) Double Lagoon;

(c) East Rocky Lagoon;

(d) Emma Tarns;

(e) First Lagoon;

(f) Howes Lagoon Bay;

(g) Lake Agnes;

(h) Lake Baille;

(i) Lake Botsford;

(j) Lake Chipman;

(k) Lake Dudley;

(l) Lake Flora;

(m) Lake O’Dells;

(n) Lake Paget;

(o) Lake Tin Hut;

(p) Little Blue Lagoon;

(q) Rocky Lagoon;

(r) Sandy Lake;

(s) Second Lagoon;

(t) Talinah Lagoon;

(u) Third Lagoon;

rainbow trout means the species Oncorhynchusmykiss of the family Salmonidae;

rod means a piece of wood, metal or other semi-rigid material that is not less than one metre in length;

Rossarden Dam means the water body located at grid reference 562472 5388490 (commonly known as Rossarden Dam);

seine net means a net that is used to encircle or surround fish;

seniors card means –

(a) a concession card of that name issued by the Tasmanian Government; or

(b) a concession card of that name issued by the Government of another State or a Territory;

set rod means a rod that –

(a) has a line with a bait or a lure attached and the bait or lure is in or on the water; and

(b) is not being held;

[Regulation 3 Subregulation (1) amended by S.R. 2023, No. 59, Applied:16 Aug 2023] South Riana Lake means the water body located at grid reference 411128 5434847 (commonly known as South Riana Lake);

trolling means fishing by towing a bait or lure from a boat under propulsion;

watercraft includes a boat, canoe, kayak, float tube or any other craft that is used, or is capable of being used, as a means of transportation on water;

Western Lakes means –

(a) the Central Plateau Conservation Area west of the Highland Lakes Road; and

(b) the Walls of Jerusalem National Park;

whitebait net means a net –

(a) no part of which is more than 120 centimetres in circumference; and

(b) that is not fitted with a funnel, screen, valve or other device that impedes or prevents fish from escaping from the net; and

(c) that is not fitted with, nor used in conjunction with, any wings, leaders or other screens or structures capable of diverting fish into the net;

world heritage area means an area that is a declared World Heritage property within the meaning of the Environment Protection and Biodiversity Conservation Act 1999 of the Commonwealth.

(2)  In these regulations, a reference to a particular type of licence is a reference to a licence of that type in the Act.

(3)  For the purposes of these regulations, possession of something includes the following:

(a) actual possession or actual custody of the thing;

(b) control of the thing for the use or benefit of any person, whether or not that person has actual possession or custody of the thing.

4.   Meaning and measurement of mesh

(1)  Mesh is one of the spaces bounded by the threads or rigid strands of a net or trap.

(2)  Mesh is measured –

(a) in the case of mesh that is rigid, by the average length of 10 adjoining meshes as measured across the minimum diagonal points; or

(b) in the case of mesh that is not rigid, by being stretched diagonally, the average length of 10 adjoining meshes being taken when the diagonally opposite sides touch each other while the mesh is held taut.

PART 2 - Recreational Fishing

5.   Application of Part

This Part does not apply to –

(a) a commercial fisher who is taking fish under the authority of, and in accordance with, a commercial freshwater fishing licence; or

(b) the holder of a fish farm licence, who is taking fish under the authority of, and in accordance with, that licence; or

(c) a registered fish dealer who is dealing with fish under the authority of, and in accordance with, a fish dealer’s registration certificate.

6.   Taking indigenous fish

A person may take, without an angling licence, indigenous fish in any waters specified in Schedule 1 .

7.   Taking fish from inland waters

(1)  In this regulation –

live bait means any animal that –

(a) is stored alive for the purpose of bait; or

(b) is used alive as bait.

(2)  Except as otherwise provided in these regulations, a person must not take fish from inland waters other than by means of a rod and line.

Penalty:  Fine of not less than 1 penalty unit and not more than 5 penalty units and a special penalty of 1 penalty unit for each fish.

(3)  Subregulation (2) does not apply to the following fish:

(a) live bait, other than whitebait, taken during the period commencing 7 days before the first Saturday in August in any year and ending on the Sunday nearest to 30 April in the following year by –

(i) [Regulation 7 Subregulation (3) amended by S.R. 2020, No. 51, Applied:05 Aug 2020] .  .  .  .  .  .  .  .  

(ii) a seine net that –

(A) is not more than 6 metres long and not more than one metre deep; and

(B) has a mesh of more than 12 millimetres but not more than 30 millimetres; and

(C) is being used to obtain bait in estuarine waters, and is being emptied into the water without being drawn ashore;

(b) whitebait taken with a whitebait net in accordance with a whitebait licence.

8.   Taking salmon from excepted waters

A person must not take salmon from excepted waters other than by means of a rod and line.

Penalty:  Fine of not less than 1 penalty unit and not more than 5 penalty units and a special penalty of 1 penalty unit for each fish.

9.   Ground bait

(1)  In this regulation –

ground bait means any form of fish food or bait that –

(a) is reduced to small particles or a mixture by chopping, grinding, mashing or similar methods; and

(b) is not capable of being affixed to a hook; and

(c) is used, or is capable of being used, for attracting or luring fish in order to facilitate their capture.

(2)  A person who is on the bank of any inland waters or is in any inland waters, or is in or on a watercraft on any inland waters, must not –

(a) have possession of or use any ground bait; or

(b) engage in fishing within 100 metres of a place at which the person knows ground bait has been placed within the preceding 14 days.

Penalty:  Fine of not less than 1 penalty unit and not more than 5 penalty units.

10.   Use of equipment

(1)  A person must not take fish from inland waters (other than Lake Augusta or Lake Mackenzie) using –

(a) more than one rod and line at a time; or

(b) more than 2 lures, or 2 baits, or one lure and one bait, at a time; or

(c) more than 3 artificial flies on a line at a time; or

(d) 2 lures, or 2 baits, together with one or more artificial flies.

Penalty:  Fine of not less than 1 penalty unit and not more than 5 penalty units and a special penalty of 1 penalty unit for each fish.

(2)  A person must not take fish from Lake Augusta or Lake Mackenzie using –

(a) a set rod; or

(b) more than one rod and line at a time; or

(c) more than 2 baits, or one lure and one bait, at a time; or

(d) 2 baits, together with one or more artificial flies, at a time.

Penalty:  Fine of not less than 1 penalty unit and not more than 5 penalty units and a special penalty of 1 penalty unit for each fish.

(3)  Subregulation (1) does not apply if the person is taking indigenous fish in any waters specified in Schedule 1 using no more than –

(a) 2 rods and lines; and

(b) 2 lures or baits on each line.

(4)  Subregulation (1) does not apply if the person –

(a) is fishing in waters where the use of bait is permitted; and

(b) uses no more than –

(i) 2 rods and lines at a time; and

(ii) 2 lures or baits on each line; and

(c) has paid the applicable fee specified in Schedule 5 .

(5)  The holder of an angling licence may land fish caught on a rod and line with –

(a) a landing net; or

(b) a gaff consisting of a plain metal hook without a barb or similar device.

(6)  The holder of a whitebait licence must not –

(a) use more than one whitebait net at any one time; or

(b) use a whitebait net unless the net has attached to it a tag bearing the number of the whitebait licence; or

(c) be more than 8 metres away from the whitebait net while it is in use.

Penalty:  Fine of not less than 1 penalty unit and not more than 5 penalty units.

11.   Securing whitebait nets

(1)  In this regulation –

dislodged, in relation to a bush or the trunk of a tree, means no longer rooted to the ground;

natural causes includes, but is not limited to, ageing, disease, wind action, flood action, lightning strike and animal activity.

(2)  A person must not secure a whitebait net to the bank or bed of a river using any of the following:

(a) a severed limb, or any part of a severed limb, from a tree or bush;

(b) a dislodged bush, or any part of a dislodged bush;

(c) the dislodged trunk of a tree, or any part of the dislodged trunk of a tree.

Penalty:  Fine of not less than 1 penalty unit and not more than 5 penalty units.

(3)  Subregulation (2) has effect regardless of –

(a) when the severance or dislodgment occurred; or

(b) whether the severance or dislodgment occurred as a result of human intervention or natural causes.

(4)  Nothing in this regulation is to be taken as prohibiting the use of implements containing or consisting of timber that has been –

(a) legally harvested in the State; or

(b) imported into the State.

12.   Use of other equipment

A person, while fishing, must not –

(a) when using that person’s rod and line, have possession of another person’s rod and line; or

(b) use a bottle, jar, can or similar object made of plastic, glass or metal in conjunction with a rod and line to indicate movement in the rod and line.

Penalty:  Fine of not less than 1 penalty unit and not more than 5 penalty units.

13.   Possession of equipment

A person must not have possession of an assembled rod, reel and line at a place (whether or not there is any bait or lure attached to it) if –

(a) the taking of fish is prohibited under the Act at that place at that time; or

(b) the taking of acclimatised fish or indigenous fish is prohibited under the Act at that place at that time.

Penalty:  Fine of not less than 1 penalty unit and not more than 5 penalty units.

14.   Unattended equipment

A person must not take fish using a set rod from inland waters or excepted waters unless –

(a) the person is at all times within 8 metres of the set rod and is able to see the rod; and

(b) [Regulation 14 Amended by S.R. 2023, No. 59, Applied:16 Aug 2023] the person is able to take up the set rod when a fish takes the bait or lure.

Penalty:  Fine of not less than 1 penalty unit and not more than 5 penalty units and a special penalty of 1 penalty unit for each fish.

15.   Minimum size limits

(1)  In this regulation –

flounder means fish of the family Pleuronectidae.

(2)  A person must not take from inland waters or excepted waters –

(a) a blackfish that is less than 220 millimetres in length; or

(b) a flounder that is less than 250 millimetres in length; or

(c) a bream that is less than 250 millimetres in length; or

(d) a freshwater eel that is less than 300 millimetres in length.

Penalty:  Fine of not less than 1 penalty unit and not more than 5 penalty units and a special penalty of 1 penalty unit for each fish.

(3)  A person must not take a salmon that is less than 220 millimetres in length from any of the following waters:

(a) Huntsman Lake;

(b) Lake Burbury;

(c) Lake Gordon;

(d) Lake King William;

(e) Lake Pedder;

(f) any river.

Penalty:  Fine of not less than 1 penalty unit and not more than 5 penalty units and a special penalty of 1 penalty unit for each fish.

(4)  A person must not take a salmon that is less than 400 millimetres in length from any of the following waters:

(a) Bruisers Lagoon;

(b) Camerons Lagoon;

(c) Lake Crescent waters;

(d) Penstock Lagoon.

Penalty:  Fine of not less than 1 penalty unit and not more than 5 penalty units and a special penalty of 1 penalty unit for each fish.

(5)  Subject to subregulations (3) and (4) , a person must not take a salmon that is less than 300 millimetres in length from any natural or artificial lake, reservoir, tarn, pond, pool, swamp, marsh, dam or waterhole containing water.

Penalty:  Fine of not less than 1 penalty unit and not more than 5 penalty units and a special penalty of 1 penalty unit for each fish.

(6)  A person must not take a salmon that is less than 420 millimetres in length from any of the following waters:

(a) Carter Lakes;

(b) Double Lagoon;

(c) Emma Tarns;

(d) Howes Lagoon Bay;

(e) Lake Agnes;

(f) Lake Baille;

(g) Lake Chipman;

(h) Lake Flora;

(i) Lake O’Dells;

(j) Lake Paget;

(k) Little Blue Lagoon;

(l) Rocky Lagoon;

(m) Sandy Lake;

(n) Second Lagoon;

(o) Talinah Lagoon;

(p) Third Lagoon.

Penalty:  Fine of not less than 1 penalty unit and not more than 5 penalty units and a special penalty of 1 penalty unit for each fish.

(7)  A person must not take a salmon that is less than 500 millimetres in length from any of the following waters:

(a) First Lagoon;

(b) Lake Botsford;

(c) Lake Dudley;

(d) Lake Tin Hut.

Penalty:  Fine of not less than 1 penalty unit and not more than 5 penalty units and a special penalty of 1 penalty unit for each fish.

(8)  [Regulation 15 Subregulation (8) amended by S.R. 2023, No. 59, Applied:16 Aug 2023] A person must not take a rainbow trout that is less than 400 millimetres in length from the waters of yingina/Great Lake.

Penalty:  Fine of not less than 1 penalty unit and not more than 5 penalty units and a special penalty of 1 penalty unit for each fish.

(9)  For the purposes of this regulation –

(a) the length of a fish, other than a bream, is to be measured in a straight line from the tip of the snout to the end of the centre of the tail fin; and

(b) the length of a bream is to be measured from the forward-most point of the fish to the end of the tail; and

(c) a fish from which the head or any part of the tail has been removed is taken to be less than the relevant length specified in this regulation unless the part of the fish that remains is not less than that length.

16.   Daily bag limit for salmon from certain waters

(1)  A person, on any one day from any of the waters specified in column 2 of the table in Schedule 4 , must not take more than 2 salmon that are equal to or more than 500 millimetres in length.

Penalty:  Fine of not less than 1 penalty unit and not more than 5 penalty units, and a special penalty of 1 penalty unit for each fish taken in excess of 2.

(2)  A person, on any one day, must not take more than one salmon that is equal to or more than 500 millimetres in length from any of the following waters:

(a) Bruisers Lagoon;

(b) Camerons Lagoon;

(c) Lake Crescent waters;

(d) Penstock Lagoon;

(e) a junior angling development fishery.

Penalty:  Fine of not less than 1 penalty unit and not more than 5 penalty units, and a special penalty of 1 penalty unit for each fish taken in excess of 1.

(3)  For the purposes of this regulation, the length of a salmon is to be measured in a straight line from the tip of the snout to the end of the centre of the tail fin.

17.   Bag limits

(1)  In this rule –

brook trout means the species Salvelinus fontinalis of the family Salmonidae.

(2)  A person must not take, on any one day from inland waters or excepted waters, more than –

(a) a total of 12 blackfish; or

(b) a total of 12 salmon.

Penalty:  Fine of not less than 1 penalty unit and not more than 5 penalty units and a special penalty of 1 penalty unit for each fish.

(3)  A person must not take, on any one day from inland waters, more than a total of 10 bream.

Penalty:  Fine of not less than 1 penalty unit and not more than 5 penalty units and a special penalty of 1 penalty unit for each fish.

(4)  A person must not take, on any one day from any of the waters specified in column 2 of the table in Schedule 3 , more salmon than the number specified in column 3 of that table, in respect of those waters.

Penalty:  Fine of not less than 1 penalty unit and not more than 5 penalty units and a special penalty of 1 penalty unit for each fish.

(5)  A person must not take, on any one day, more than 2 salmon from the same dam or the same lake in a junior angling development fishery.

Penalty:  Fine of not less than 1 penalty unit and not more than 5 penalty units and a special penalty of 1 penalty unit for each fish.

(6)  Subject to subregulations (4) and (5) , a person must not take, on any one day, more than 5 salmon from the same river.

Penalty:  Fine of not less than 1 penalty unit and not more than 5 penalty units and a special penalty of 1 penalty unit for each fish.

(7)  [Regulation 17 Subregulation (7) amended by S.R. 2023, No. 59, Applied:16 Aug 2023] A person must not take, on any one day from the waters of yingina/Great Lake, more than a total of 12 salmon including a maximum of 3 rainbow trout.

Penalty:  Fine of not less than 1 penalty unit and not more than 5 penalty units and a special penalty of 1 penalty unit for each fish.

(8)  Unless otherwise authorised in writing by the Director, a person must not –

(a) at any one time, have possession of more than 24 eels; or

(b) on any one day –

(i) take more than 12 eels from inland waters; or

(ii) have possession of more than 12 eels that have been taken from inland waters.

Penalty:  Fine of not less than 1 penalty unit and not more than 5 penalty units and a special penalty of 1 penalty unit for each fish.

(9)  A person must not take, on any one day from inland waters or excepted waters, more than –

(a) a total of 2 brook trout; or

(b) a total of 5 Atlantic salmon.

Penalty:  Fine of not less than 1 penalty unit and not more than 5 penalty units and a special penalty of 1 penalty unit for each fish.

(10)  For the purposes of this regulation, a person who is in possession of fish at or on the bank of any inland waters or excepted waters is taken to have taken the fish from those waters.

18.   Whitebait limits

The holder of a whitebait licence must not –

(a) take more than 2 kilograms of whitebait on any one day; or

(b) take more than 10 kilograms of whitebait during a whitebait season; or

(c) take or have possession of more than 10 kilograms of whitebait at any one time.

Penalty:  Fine of not less than 1 penalty unit and not more than 5 penalty units and a special penalty of 1 penalty unit for each 500 grams of whitebait.

19.   Taking fish from watercraft

(1)  In this regulation –

restricted waters means the following waters:

(a) Ada Lagoon;

(b) Lake Lea;

(c) Shannon Lagoon;

(d) Western Lakes, other than Double Lagoon, Julian Lakes, Lake Ada, Lake Augusta, Lake Mackenzie and Pillans Lake;

(e) [Regulation 19 Subregulation (1) amended by S.R. 2023, No. 59, Applied:16 Aug 2023] Talbots Lagoon;

(f) [Regulation 19 Subregulation (1) amended by S.R. 2023, No. 59, Applied:16 Aug 2023] Camden Lake;

(g) [Regulation 19 Subregulation (1) amended by S.R. 2023, No. 59, Applied:16 Aug 2023] South Riana Lake.

(2)  A person who is in or on a watercraft on restricted waters must not take fish while that watercraft is under mechanical propulsion.

Penalty:  Fine of not less than 1 penalty unit and not more than 5 penalty units.

(3)  [Regulation 19 Subregulation (3) amended by S.R. 2023, No. 59, Applied:16 Aug 2023] A person must not take fish in the Curries River Reservoir or Lake Mikany using a watercraft that is propelled by means other than manual propulsion or electric motor.

Penalty:  Fine of not less than 1 penalty unit and not more than 5 penalty units.

(4)  A person must not take fish by trolling in –

(a) Penstock Lagoon; or

(b) Little Pine Lagoon.

Penalty:  Fine of not less than 1 penalty unit and not more than 5 penalty units.

(5)  Subject to subregulation (6) , a person must not take fish using a watercraft –

(a) [Regulation 19 Subregulation (5) amended by S.R. 2023, No. 59, Applied:16 Aug 2023] in Brumbys Creek, including any impounded water and any tributary or tailrace entering the creek above the uppermost of the 3 weirs on that creek; or

(b) in Carter Lakes, Howes Lagoon Bay, Lake Botsford, Lake Dudley, Rocky Lagoon or East Rocky Lagoon; or

(c) in the Pet Reservoir or the Guide Reservoir.

Penalty:  Fine of not less than 1 penalty unit and not more than 5 penalty units.

(6)  A person may take fish from Weir No. 1 and Weir No. 3 on Brumbys Creek using a watercraft that is propelled by oars, paddle or an electric motor.

(7)  A person must not take fish using a watercraft that is not securely moored if that person is within 100 metres of an angler who is fishing –

(a) from a river bank or the bank of a lake; or

(b) by wading.

Penalty:  Fine of not less than 1 penalty unit and not more than 5 penalty units.

20.   Use of watercraft

A person must not use a watercraft to set and haul a whitebait net in any waters except –

(a) the Pieman River; or

(b) the Derwent River; or

(c) the Huon River; or

(d) the Henty River.

Penalty:  Fine of not less than 1 penalty unit and not more than 5 penalty units.

21.   Use of baits and lures

(1)  In this regulation –

artificial fly means a visual representation of any fly, insect, small organism or fish that –

(a) is affixed to a single hook; and

(b) does not incorporate any device to impart a rotary or darting motion; and

(c) is not, in whole or in part, bait within the meaning of paragraph (c) or (d) of the definition of bait in regulation 3 ;

[Regulation 21 Subregulation (1) amended by S.R. 2023, No. 59, Applied:16 Aug 2023] Canal Bay means the waters in the bay of that name in yingina/Great Lake, the outer limits of which are defined by an imaginary straight line drawn between grid reference E476050 N5362584 and grid reference E476072 N5361781;

national park has the same meaning as in the Nature Conservation Act 2002 ;

[Regulation 21 Subregulation (1) amended by S.R. 2023, No. 59, Applied:16 Aug 2023] Tods Corner means the waters in the bay of that name on the south-eastern side of yingina/Great Lake enclosed by an imaginary straight line drawn between grid reference E481761 N5354650 and grid reference E481847 N5356012;

(2)  A person must not have possession of any bait or any lure that is not wholly artificial on or within 100 metres of inland waters specified in subregulation (3) or (4) .

Penalty:  Fine of not less than 1 penalty unit and not more than 5 penalty units.

(3)  A person must not take fish from any of the following waters except by means of a lure:

(a) [Regulation 21 Subregulation (3) amended by S.R. 2023, No. 59, Applied:16 Aug 2023] .  .  .  .  .  .  .  .  

(b) Brumbys Creek and all its tributaries between Weir No. 1 and Saundridge Road;

(c) [Regulation 21 Subregulation (3) amended by S.R. 2023, No. 59, Applied:16 Aug 2023] Canal Bay and Tods Corner in yingina/Great Lake;

(d) Dee Lagoon;

(e) [Regulation 21 Subregulation (3) amended by S.R. 2023, No. 59, Applied:16 Aug 2023] .  .  .  .  .  .  .  .  

(f) Lake Crescent waters;

(g) [Regulation 21 Subregulation (3) amended by S.R. 2023, No. 59, Applied:16 Aug 2023] .  .  .  .  .  .  .  .  

(h) Lake Gordon;

(i) Lake Leake;

(j) Lake Pedder;

(k) Lake Sorell;

(l) Monpeelyata Canal, between the Ouse River Weir and Lake Echo;

(m) Risdon Brook Reservoir;

(n) any inland waters within a world heritage area, other than Lake Augusta and Lake Mackenzie;

(o) any waters between the Pine Tier Dam (including Bronte Lagoon) and the canals between that dam and Bronte Lagoon;

(p) any waters in a national park;

(q) the canal and waterways leading from Bronte Lagoon and discharging into Bradys Lake.

Penalty:  Fine of not less than 1 penalty unit and not more than 5 penalty units and a special penalty of 1 penalty unit for each fish.

(4)  A person must not take fish from any of the following waters except by means of an artificial fly:

(a) Bruisers Lagoon, Little Pine Lagoon and Penstock Lagoon;

(b) [Regulation 21 Subregulation (4) amended by S.R. 2023, No. 59, Applied:16 Aug 2023] .  .  .  .  .  .  .  .  

(c) Howes Lagoon Bay, East Rocky Lagoon, Rocky Lagoon and Second Lagoon;

(d) Lake Kay and associated lagoons;

(e) the canal by which water is conveyed from Little Pine Lagoon to the Ouse River;

(f) that portion of No. 1 Canal and No. 2 Canal conveying water from the Shannon River to Penstock Lagoon below 2 white posts on opposite banks of those canals.

Penalty:  Fine of not less than 1 penalty unit and not more than 5 penalty units and a special penalty of 1 penalty unit for each fish.

(5)  A person who takes fish in any inland waters specified in subregulation (4) must not use a float or sinker in conjunction with an artificial fly.

Penalty:  Fine of not less than 1 penalty unit and not more than 5 penalty units and a special penalty of 1 penalty unit for each fish.

(6)  A person must not, on or within 100 metres of inland waters, have possession of a device that is –

(a) of an electric, electronic, sonic or ultrasonic nature; and

(b) capable of being used for the purpose of attracting or influencing the movement of fish.

Penalty:  Fine of not less than 1 penalty unit and not more than 5 penalty units.

22.   Fish not caught by licence holder

The holder of a recreational licence must not –

(a) on or within 100 metres of inland waters, receive or hide any fish caught by a person who is not the holder of a licence; or

(b) falsely represent that any fish have been caught by the holder of a licence.

Penalty:  Fine of not less than 1 penalty unit and not more than 5 penalty units and a special penalty of 1 penalty unit for each fish.

23.   Use of nets

(1)  In this regulation –

coastal lagoon means any lagoon specified in Schedule 1 of the Act.

(2)  A person who is on the bank of any inland waters or is in any inland waters, or is in or on a watercraft on any inland waters, must not possess or use a net other than –

(a) a landing net; or

(b) a seine net that –

(i) is not more than 6 metres long and not more than one metre deep; and

(ii) has a mesh of more than 12 millimetres but not more than 30 millimetres; and

(iii) is being used to obtain bait in a coastal lagoon or estuarine waters and is being emptied into the water without being drawn ashore.

Penalty:  Fine of not less than 3 penalty units and not more than 10 penalty units.

(3)  Subregulation (2) does not apply to –

(a) a net used only in a tidal river (other than Ansons River, Scamander River or Swan River) by a person –

(i) [Regulation 23 Subregulation (3) amended by S.R. 2023, No. 59, Applied:16 Aug 2023] on a fishing boat to which a fishing licence (vessel) under the Fisheries Rules 2019 relates; or

(ii) on any other boat or ship in transit to or from any waters beyond the seaward limits of a river; or

(b) the holder of a whitebait licence using a whitebait net in the rivers specified in Schedule 1 to the Inland Fisheries (Seasons and Waters) Order 1996 .

PART 3 - Commercial Fishing

24.   Use of nets and traps for commercial purposes

(1)  A person who is on the bank of any inland waters or is in any inland waters, or is in or on a watercraft on any inland waters, must not –

(a) use a net or trap to take fish for commercial purposes; or

(b) have possession of a net or trap for the purpose of taking fish for commercial purposes.

Penalty:  Fine of not less than 3 penalty units and not more than 10 penalty units.

(2)  Subregulation (1) does not apply to –

(a) a net or trap used only in a tidal river (other than Ansons River, Scamander River or Swan River) by a person –

(i) [Regulation 24 Subregulation (2) amended by S.R. 2023, No. 59, Applied:16 Aug 2023] on a fishing boat to which a fishing licence (vessel) under the Fisheries Rules 2019 relates; or

(ii) on any other boat or ship in transit to or from any waters beyond the seaward limits of a river; or

(b) a commercial fisher using a net or trap in accordance with a commercial freshwater fishing licence.

25.   Possession of acclimatised fish by commercial fisher

A commercial fisher must not be in possession of acclimatised fish if that commercial fisher is taking fish under the authority of a commercial freshwater fishing licence.

Penalty:  Fine of not less than 5 penalty units and not more than 10 penalty units and a special penalty of 1 penalty unit for each fish.

26.   Checking of equipment

(1)  In this regulation –

protected wildlife means wildlife of a species specified in Schedule 2 to the Wildlife (General) Regulations 2010 .

(2)  A commercial fisher who sets, lays or places in position any eel trap or fyke net under the authority of a commercial freshwater fishing licence must –

(a) inspect that eel trap or fyke net daily; and

(b) immediately after inspecting the eel trap or fyke net, remove or release from the eel trap or fyke net any fish or protected wildlife that the commercial fisher finds to be caught in it.

Penalty:  Fine of not less than 5 penalty units and not more than 10 penalty units and a special penalty of 1 penalty unit for each fish.

27.   Identification of traps and nets

(1)  The Director may issue a unique tag for the holder of a commercial freshwater fishing licence to use in conjunction with a trap or net authorised to be used under the licence.

(2)  A commercial fisher must not, under the authority of a commercial freshwater fishing licence, set or use a trap or net unless –

(a) a tag issued for use in conjunction with a trap or net under that licence –

(i) is securely attached to the trap or net; and

(ii) is clearly visible on the surface of the water; and

(b) the number of the tag is legible and clearly visible.

Penalty:  Fine of not less than 5 penalty units and not more than 10 penalty units.

(3)  The holder of a commercial freshwater fishing licence must notify the Director within 4 hours if a tag issued under subregulation (1) in relation to that licence has been –

(a) stolen, lost or destroyed; or

(b) damaged to a degree that renders it unsuitable for use.

Penalty:  Fine of not less than 5 penalty units and not more than 10 penalty units.

28.   Interfering with equipment

(1)  In this regulation –

gear means any net, implement, apparatus, device, trap, barrier, screen, tank, container, structure, buoy, float, pole, tag or other device that –

(a) is used, or is capable of being used, in connection with –

(i) the taking of fish; or

(ii) fish farming; or

(b) is the property of the Director.

(2)  A person must not interfere with any equipment or gear in inland waters unless the person is –

(a) the owner of the equipment or gear; or

(b) acting with the consent of the owner of the equipment or gear; or

(c) an officer.

Penalty:  Fine of not less than 5 penalty units and not more than 10 penalty units.

29.   Offence for commercial fisher to have fish taken by unlicensed person

A commercial fisher must not –

(a) on or within 100 metres of inland waters, receive or hide any fish caught by a person who is not the holder of a licence; or

(b) falsely represent that any fish have been caught by the holder of the licence.

Penalty:  Fine of not less than 1 penalty unit and not more than 5 penalty units and a special penalty of 1 penalty unit for each fish.

PART 4 - Miscellaneous

30.   Possession of crayfish

(1)  In this regulation –

berry means fertilised spawn that is carried externally on a freshwater crayfish.

(2)  A person must not –

(a) take or have possession of any freshwater crayfish; or

(b) have possession of any berry of a freshwater crayfish; or

(c) remove any berry from a freshwater crayfish.

Penalty:  Fine of not less than 3 penalty units and not more than 10 penalty units and a special penalty of 1 penalty unit for each fish.

31.   Use of fish as bait

A person must not use the whole or part of a fish as bait to take fish in inland waters other than estuarine waters.

Penalty:  Fine of not less than 1 penalty unit and not more than 5 penalty units and a special penalty of 1 penalty unit for each fish.

32.   Possession of protected fish

A person must not have possession of any protected fish.

Penalty:  Fine of not more than 20 penalty units and a special penalty of 1 penalty unit for each fish.

33.   Possession of certain fish

(1)  In this regulation –

frog means any member of the order Anura (also known as the order Salienta);

goldfish means fish of the species Carassius auratus of the family Cyprinidae.

(2)  A person must not, on or within 100 metres of a lake or river, have possession of any frog or goldfish, whether alive or dead.

Penalty:  Fine of not less than 3 penalty units and not more than 10 penalty units and a special penalty of 1 penalty unit for each fish.

34.   Request to vary fish farm licence

If the holder of a fish farm licence requests that the Director vary a fish farm licence under section 45 of the Act, the fees specified in Schedule 5 in respect of that request are payable by the licence holder.

35.   Fees

The fees specified in Schedule 5 are prescribed in respect of licences issued under the Act.

35A.   Eel royalties

[Regulation 35A Inserted by S.R. 2020, No. 51, Applied:05 Aug 2020]

(1)  The holder of a commercial freshwater fishing licence must pay to the Director a royalty for eel taken under the authority of that commercial freshwater fishing licence.

(2)  The royalty payable by the holder of a commercial freshwater fishing licence under subregulation (1)  –

(a) is to be calculated at 0.25 fee units per kilogram of eel taken under the licence; and

(b) is due and payable within 30 days after the day on which an invoice for the royalty is issued in writing by the Director.

(3)  The Director may refuse to renew a commercial freshwater fishing licence if the holder of the licence has not paid the royalty payable in respect of that licence under this regulation.

36.   Infringement notice offences and penalties

(1)  For the purposes of the Act –

(a) an offence against a provision of the Act specified in column 2 of the table in Part 1 of Schedule 6 is a prescribed offence in respect of which an infringement notice may be served; and

(b) an offence against a provision of these regulations specified in column 2 of the table in Part 2 of Schedule 6 is a prescribed offence in respect of which an infringement notice may be served.

(2)  A penalty specified in column 3 of a table in Part 1 or Part 2 of Schedule 6 is prescribed as the penalty payable for the relevant offence against a provision specified in column 2 of the relevant table.

SCHEDULE 1 - Waters for Taking Indigenous Fish

Regulations 6 and 10

PART 1 - Lagoons

PART 2 - Rivers

SCHEDULE 2 - Junior Angling Development Fishery

Regulation 3

SCHEDULE 3 - Bag Limits

Regulation 17(4)

SCHEDULE 4 - Daily Bag Limits for Salmon from Certain Waters

Regulation 16

SCHEDULE 5 - Fees

Regulations 34 and 35

PART 1 - Recreational fishing licences

PART 2 - Commercial fishing licences and permits

PART 3 - Registration

SCHEDULE 6 - Infringement Notice Offences

Regulation 36

PART 1 - Offences under Act

PART 2 - Offences under regulations

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 27 November 2019

These regulations are administered in the Department of Primary Industries, Parks, Water and Environment.