Fisheries Management (General) Regulation 2019

Executive summary of update

This update to the Fisheries Management (General) Regulation 2019, effective 27 February 2026, primarily clarifies and strengthens compliance obligations and defences related to fish possession and commercial fishing activities. The most critical change is the redefinition of the defence for possessing fish exceeding bag limits, introducing a more stringent evidentiary burden for purchasers, particularly regarding the lawfulness of the initial commercial taking. Additionally, commercial fisher bag limit exemptions now explicitly require lawful taking and possession, and a new obligation formalizes the payment deadline for charter fishing annual contributions. The primary intent is to enhance regulatory clarity and enforceability, with the significant practical consequence of requiring stricter due diligence from fish purchasers and commercial operators.

Impacted parties

Commercial fishers, fish purchasers (including registered fish receivers and consumers), and charter fishing business operators are the stakeholder groups most significantly impacted by this specific update.

Change Analysis

Revised Defence for Possession of Prohibited Quantity of Fish

Clause 13 has been entirely rephrased from stating when possession limits “do not apply” or when a “defence” is available, to establishing a specific “Defence—fish taken by commercial fisher” under Section 21(1)(d) of the Act. The previous version allowed for lawful possession if fish were lawfully taken for sale, and provided a defence if purchased from someone whose possession was lawful or not reasonably suspected of being unlawful. The updated clause now explicitly details conditions for both “first purchasers” and subsequent purchasers to establish a defence, requiring satisfaction that the fish were lawfully taken and possessed by the commercial fisher, or that there were no reasonable grounds to suspect otherwise. This change shifts the legal framework from a general allowance to a specific defence with a more detailed evidentiary burden.

• What to do now: Understand the new, more stringent conditions for establishing a defence against possessing fish exceeding bag limits, particularly the distinction between “first purchasers” and subsequent purchasers and the explicit requirement to demonstrate lawful origin or lack of suspicion.
• Why it matters: This change increases the burden of proof on individuals possessing fish in excess of bag limits, requiring them to actively verify the lawfulness of the fish’s origin, especially when acquired from commercial fishers. Failure to meet these conditions could lead to successful prosecution.

Enhanced Clarity on Commercial Fisher Bag Limit Exemptions

Clause 11(1) and Clause 11(2), which outline exemptions from daily and possession limits for commercial fishers, have been amended to explicitly include the word “lawfully”. The exemptions now apply only to fish “lawfully taken by a commercial fisher for sale” and fish “in the lawful possession of a commercial fisher for sale.”

• What to do now: Ensure all commercial fishing operations and associated documentation unequivocally demonstrate that fish taken for sale are both “lawfully taken” and in “lawful possession” in accordance with all applicable regulations.
• Why it matters: This clarification reinforces that commercial fishers must adhere to all other legal requirements (e.g., gear, waters, species) for their activities to qualify for bag limit exemptions. It removes any ambiguity that might have allowed for exemptions based solely on the intent to sell, without full compliance with other aspects of the law.

Formalized Payment Obligation for Charter Fishing Licences

A new subclause, Clause 210(4), has been inserted, explicitly stating that “The annual contribution, including any instalments, must be paid by the date specified by the Minister.”

• What to do now: Establish clear internal processes and reminders to ensure that all annual contributions and any associated instalments for charter fishing licences are paid strictly by the Minister’s specified due date.
• Why it matters: This new subclause formalizes a direct obligation regarding payment deadlines, removing any potential ambiguity. Non-compliance could lead to licence issues, including refusal of renewal or suspension, as outlined in Clause 209(2) and Clause 213(1)(e).

Clarified Grounds for Refusing Charter Fishing Business Transfers

Clause 223(3)(c), which lists grounds for refusing a charter fishing business transfer, has been completed. The previous version was truncated, but the updated text clarifies that unpaid fees under Clause 209 or unpaid annual contributions under Clause 210 must be “due in relation to the recognised charter fishing business.”

• What to do now: When considering the transfer of a charter fishing business, ensure a thorough review of all outstanding fees and annual contributions specifically tied to that recognised charter fishing business to prevent transfer refusal.
• Why it matters: This clarification ensures that only fees and contributions directly related to the specific charter fishing business being transferred are considered as grounds for refusal, providing more precise criteria for transfer eligibility.

Corrective and preventive actions

• Legal:
  • Section 13: Review and update internal guidance on the “Defence—fish taken by commercial fisher” to reflect the new requirements for “first purchasers” and subsequent purchasers, including the evidentiary burden under Section 21(1)(d) of the Act.
  • Section 11(1), 11(2): Review and update legal advice on commercial fisher exemptions to bag limits, emphasizing the explicit requirement for “lawfully taken” and “lawful possession” fish for sale.
  • Section 223(3)(c): Review and update legal interpretations of grounds for refusing charter fishing business transfers, specifically regarding unpaid fees “due in relation to the recognised charter fishing business.”
• Commercial and Procurement:
  • Section 13: Communicate new due diligence requirements to all fish purchasing teams and partners, ensuring they understand the conditions for lawful possession and the “first purchaser” definition.
  • Section 11(1), 11(2): Update commercial fishing operational procedures to explicitly document and verify the “lawful taking” and “lawful possession” of fish for sale to ensure compliance with bag limit exemptions.
• Operations:
  • Section 13: Implement training for staff involved in fish acquisition and sales on the new defence provisions, focusing on documentation and verification of lawful origin.
  • Section 11(1), 11(2): Review and update operational checklists for commercial fishing activities to ensure explicit adherence to “lawful taking” and “lawful possession” criteria for fish intended for sale.
  • Section 210(4): Implement a system to track and ensure timely payment of annual contributions and instalments for charter fishing licences by the Minister’s specified date.
• Finance:
  • Section 210(4): Integrate the new payment deadline for annual contributions into financial planning and payment systems for charter fishing operations.
• Project Management:
  • Section 13: Initiate a project to review and update all relevant documentation, training materials, and compliance frameworks related to fish possession and sales, considering the new defence provisions.
  • Section 210(4): Ensure all projects related to charter fishing licence management incorporate the new payment deadline requirement.

Risks & opportunities assessment

The updated regulation introduces a higher compliance burden, particularly for fish purchasers, by shifting from a general “lawful possession” to a specific “defence” with detailed conditions. This increases the risk of non-compliance and associated penalties if due diligence processes are not robust. For commercial fishers, the explicit “lawfully taken” requirement reinforces existing obligations but may lead to increased scrutiny. The formalization of payment deadlines for charter fishing licences reduces ambiguity but requires strict adherence to avoid licence issues. An opportunity exists to strengthen supply chain integrity and enhance transparency in fish sales through improved record-keeping and verification processes.