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.
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.
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....
