Inland Fisheries Amendment Regulations (No. 2) 1997

Inland Fisheries Amendment Regulations (No. 2) 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 Inland Fisheries Act 1995 .

G. S .M. GREEN

Governor

By His Excellency's Command,

T. JOHN CLEARY

Minister for Inland Fisheries

1.   Short title

These regulations may be cited as the Inland Fisheries Amendment Regulations (No. 2) 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 Inland Fisheries Regulations 1996 are referred to as the Principal Regulations.

4.    Regulation 3 amended (Interpretation)

Regulation 3 of the Principal Regulations is amended as follows:

(a) by inserting the following definition after the definition of freshwater crayfish :

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

(b) by omitting the definition of Little Lake ;

(c) by inserting the following definition after the definition of mesh :

national park means an area proclaimed as a national park under the National Parks and Wildlife Act 1970 ;

(d) by inserting the following definition after the definition of trolling :

Western Lakes means –

(a) an area comprised of Lady Lake, Lake Bill and Travellers Rest Lagoon; and

(b) an area within the boundary of imaginary straight lines drawn sequentially between the following points:

(i) Wild Dog Tier Trig Station;

(ii) Ironstone Mountain Trig Station;

(iii) Lady Lake;

(iv) Western Bluff Trig Station;

(v) Fisher Bluff Trig Station;

(vi) Howells Bluff Trig Station;

(vii) Lake Bill;

(viii) summit of Cathedral Mountain;

(ix) summit of Mount Ida;

(x) southernmost point of Travellers Rest Lagoon;

(xi) summit of Skittleball Hill;

(xii) summit of Tabletop Hill;

(xiii) the point of commencement at Wild Dog Tier Trig Station;

(e) by omitting "the net." from paragraph (d) of the definition of whitebait net and substituting "the net;";

(f) by inserting the following definition after the definition of whitebait net :

world heritage area means an area –

(a) defined as such in a management plan prepared under the National Parks and Wildlife Act 1970 ; and

(b) described on Plan No. 1872 registered in the Central Plan Register.

5.   Regulation 7 amended (Use of equipment)

Regulation 7 of the Principal Regulations is amended by inserting the following subregulation after subregulation (2):

(2A)  Subregulation (1) does not apply to a person who –

(a) is fishing by trolling or in waters where the use of live bait is permitted; and

(b) uses no more than –

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

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

(c) has paid the applicable fee specified in Schedule 3 .

6.    Regulation 10 amended (Unattended equipment)

Regulation 10(2)(a)(i) of the Principal Regulations is amended by omitting "the only set rod".

7.    Regulation 13 amended (Bag limits)

Regulation 13 of the Principal Regulations is amended as follows:

(a) by inserting in subregulation (1)(b) "in the same water" after "fish";

(b) by inserting the following subregulation after subregulation (1) :

(1A)  A person, on any one day in the following waters, must not take more or continue to take more than the following salmon:

(a) Lagoon of Islands, 3 salmon;

(b) Lake Burbury, 20 salmon;

(c) Lake Gordon, 20 salmon;

(d) Lake King William, 20 salmon;

(e) Lake Pedder, 20 salmon;

(f) Little Pine Lagoon, 5 salmon;

(g) Macquarie River, 5 salmon;

(h) Penstock Lagoon, 3 salmon;

(i) Western Lakes, 5 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.

(c) by inserting the following subregulation after subregulation (3) :

(4)  A person who is in possession of fish at or on the bank of any inland waters is taken to have taken the fish from those waters.

8.    Regulation 16 amended (Taking fish from boats)

Regulation 16 of the Principal Regulations is amended as follows:

(a) by omitting subregulation (1)(e);

(b) by omitting subregulation (2)(b);

(c) by inserting the following subregulation after subregulation (2) :

(2B)  A person must not take fish in the Curries River Dam using a boat propelled in any manner other than by oars or electric motor.

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.    Regulation 18 amended (Use of baits and lures)

Regulation 18 of the Principal Regulations is amended as follows:

(a) by omitting "Little Lake," from subregulation (2)(t);

(b) by omitting "Lagoon." from subregulation (2)(x) and substituting "Lagoon;";

(c) by inserting the following paragraphs after paragraph (x) in subregulation (2) :

(y) any waters in a national park;

(z) any waters in a world heritage area, other than Lake Augusta and Lake Mackenzie.

(d) by inserting the following subregulation after subregulation (4) :

(4A)  A person must not use fish or part of a fish as a bait or lure to take fish in any inland waters that are not subject to tidal movement.

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.

(e) by inserting in subregulation (5) ", frog" after "carp".

10.   Schedule 3 amended (Fees)

Schedule 3 to the Principal Regulations is amended as follows:

(a) by inserting in item 3 of Part 1 the following paragraph after paragraph (a):

(ab) a person who is in receipt of a card entitled a Seniors Card that is approved by the Commission

$32

(b) by inserting in item 3 of Part 1 the following paragraphs after paragraph (g):

(h) a person referred to in paragraph (a) for the use of 2 rods and lines

$10

(i) a person referred to in paragraphs (ab) , (b) , (c) , (d) , (e) or (f) for the use of 2 rods and lines

$5

11.   Schedule 4 amended (Infringement notice offences)

Schedule 4 to the Principal Regulations is amended by inserting the following after the item relating to regulation 13(1):

taking more than the salmon specified in regulation 13(1A)

1

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

Notified in the Gazette on 23 July 1997

These regulations are administered in the Department of Environment and Land Management.

EXPLANATORY NOTE

(This note is not part of the regulation)

(a) the use of live baits and equipment; and

(b) bag limits of salmon in certain waters; and

(c) taking fish from boats in Curries River Dam; and

(d) the use of baits and lures in certain waters; and

(e) fees for angling licences and the use of rods and lines; and

(f) infringement notices for certain offences.