Fisheries (General and Fees) Amendment Regulations 1997

Fisheries (General and Fees) Amendment Regulations 1997

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 Living Marine Resources Management Act 1995 .

G. S. M. GREEN

Governor

By His Excellency's Command,

B. BONDE

Minister for Primary Industry and Fisheries

1.   Short title

These regulations may be cited as the Fisheries (General and Fees) Amendment Regulations 1997 .

2.   Commencement

These regulations take effect on the day on which their making is notified in the Gazette.

3.   Principal Regulations

In these regulations, the Fisheries (General and Fees) Regulations 1996 are referred to as the Principal Regulations.

4.   Regulation 6 amended (Minimum size of abalone)

Regulation 6 of the Principal Regulations is amended by omitting subregulation (5) and substituting the following subregulations:

(5)  A person must not take or have possession of greenlip abalone the shell of which is 140 millimetres or less at its widest diameter, whether the shell is broken or chipped in any way or not.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(6)  Subregulation (5) does not apply to –

(a) State waters adjacent to the North West Coast of mainland Tasmania between the mouth of the Arthur River and Peggs Beach bounded by the line of latitude 41^o3'24" South in the south, the line of longitude 144^o20' East in the west, the line of latitude 40^o20' South in the north and the line of longitude 145^o20'35" East in the east; and

(b) any land adjacent to those waters.

5.    Regulation 18 amended (Prohibition on taking certain fish)

Regulation 18 of the Principal Regulations is amended by inserting after subregulation (1) the following subregulation:

(1A)  Subregulation (1) does not apply to an Aborigine while carrying out an Aboriginal cultural activity.

6.   Regulation 19A inserted

After regulation 19 of the Principal Regulations, the following regulation is inserted:

19A.   Commercially protected fish

The following are prescribed as classes of fish for the purpose of section 100 :

(a) abalone;

(b) cast bullkelp (Durvillaea potatorum) in the waters of the West Coast of Tasmania from Cape Grim to Cape Sorell.

7.    Regulation 22 amended (Expiry of regulations)

Regulation 22 of the Principal Regulations is amended by omitting "30 May 1997" and substituting "30 November 1997".

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

Notified in the Gazette on 28 May 1997

These regulations are administered in the Department of Primary Industry and Fisheries.

EXPLANATORY NOTE

(This note is not part of the regulation)

(a) making further provision relating to minimum sizes of abalone in certain waters; and

(b) allowing Aborigines to take certain fish while carrying out cultural activities; and

(c) prescribing commercially protected fish; and

(d) extending the duration of the regulations until 30 November 1997.