New South Wales Consolidated Acts

FISHERIES MANAGEMENT ACT 1994 - SECT 17

17 Bag limits--taking of fish

(1) The regulations may specify the maximum quantity of fish of a specified species, or of a specified class, that a person may take on any one day (the
"daily limit" ).

(2) A person who takes on any one day more fish than the daily limit of those fish is guilty of an offence.

: Maximum penalty--

(a) in the case of an individual--

(i) 200 penalty units or imprisonment for 6 months (or both) for a first offence, or

(ii) 400 penalty units or imprisonment for 12 months (or both) for a second or subsequent offence, or

(b) in the case of a corporation--

(i) 1,000 penalty units for a first offence, or

(ii) 2,000 penalty units for a second or subsequent offence.

(2A) A person who takes on any one day more fish than the daily limit of those fish, in circumstances of aggravation, is guilty of an offence.

: Maximum penalty--

(a) in the case of an individual--

(i) 400 penalty units or imprisonment for 12 months (or both) for a first offence, or

(ii) 800 penalty units or imprisonment for 18 months (or both) for a second or subsequent offence, or

(b) in the case of a corporation--

(i) 2,000 penalty units for a first offence, or

(ii) 4,000 penalty units for a second or subsequent offence.

(2B) For the purposes of subsection (2A), a person takes fish in
"circumstances of aggravation" if--

(a) the fish taken are a priority species of fish, and

(b) the quantity of fish taken is a commercial quantity of that species of fish.

(3) The regulations may specify different daily limits for commercial fishers or other classes of fishers or in any other circumstances specified in the regulations. The regulations may also include restrictions as to size or otherwise in respect of any daily limit of fish.

(3A) The regulations may specify a daily limit of zero for fish of a specified species or of a specified class. In that case, a reference in this section to taking more fish than the daily limit of those fish is to be read as a reference to taking any of those fish.

(4) This section does not authorise the taking of fish in contravention of a fishing closure or other provision of or made under this Act.

(5) The regulations may provide that the maximum quantity of any fish that may be taken applies to a period other than one day. In that case, a reference in this section to any one day is to be read as a reference to that other period.

(6) The Minister is required to consult any relevant advisory council or advisory group about any proposal to specify or change daily limits under this section.