Fisheries Amendment Rules 1998

Fisheries Amendment Rules 1998

I make the following rules under Living Marine Resources Management Act 1995 .

B. BONDE

Minister for Primary Industry and Fisheries

1.   Short title

These rules may be cited as the Fisheries Amendment Rules 1998 .

2.   Commencement

These rules take effect on 15 June 1998.

3.   Principal Rules

In these rules, the Fisheries Rules 1996 are referred to as the Principal Rules.

4.   Rule 3 amended

Rule 3 of the Principal Rules is amended as follows:

(a) by omitting the definition of "abalone container";

(b) by omitting the definition of "abalone deed of agreement";

(c) by omitting the definition of "abalone meat";

(d) by omitting the definition of "abalone quota unit";

(e) by omitting the definition of "blacklip abalone";

(f) by omitting paragraph (b) of the definition of "fish merchant" and substituting the following paragraph:

(b) a person who sells fish;

(f) by omitting the definition of "greenlip abalone";

(g) by inserting the following definitions after the definition of "mullet net":

mussel means fish of the species Mytilus edulis planulatus (commonly known as Tasmanian blue mussel;

mussel spat means a mussel the shell of which is less than 40 millimetres in length;

mussel spat collector means –

(a) any rope, tape or other device used for collecting or taking mussel spat; and

(b) any associated floats, ropes or moorings;

(h) by inserting the following definition after the definition of "octopus":

offshore waters means State waters that are not –

(a) coastal waters; or

(b) within the limits of the State;

(i) by omitting the definition of "rock lobster pot";

(j) by omitting the definition of "rock lobster pot longline";

(k) by omitting the definition of "rock lobster ring";

(l) by omitting "designed specifically" from paragraph (a) of the definition of "scallop spat collector" and substituting "used".

5.    Rule 7 amended (Classes of fishing licences)

Rule 7 of the Principal Rules is amended by inserting after paragraph (j) the following paragraph:

(ja) class mussel spat collection, fishing licence (mussel spat collection);

6.   Rule 8 amended (Using vessel without fishing licence (vessel))

Rule 8(2) of the Principal Rules is amended by inserting the following paragraphs after paragraph (a):

(ab) for any purpose and activity carried out under the licence; or

(ac) for the purpose of taking mussel spat from the wild under a fishing licence (mussel spat collection); or

7.   Rule 9A inserted

After rule 9 of the Principal rules, the following rule is inserted:

9A.   Fishing in offshore waters

(1)  A person who is the holder of a fishing licence (personal) must not undertake any fishing in offshore waters unless the person is the holder of a Commonwealth authority using only the fishing gear authorised under that authority.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(2)  Subrule (1) does not apply to the following:

(a) the holder of a fishing licence (scallop) for the purpose of taking scallops only;

(b) the holder of a fishing licence (abalone dive) for the purpose of taking abalone only;

(c) the holder of a permit for the purpose of taking giant crab only;

(d) the holder of a fishing licence (rock lobster) for the purpose of taking rock lobster only;

(e) the holder of a fishing licence (rock lobster) using not more than the following fishing gear to take fish of the Superclass Pisces:

(i) gillnets, the total headline length of which does not exceed 150 metres;

(ii) trolling lines;

(iii) 2 fish traps;

(iv) one demersal longline not exceeding 1000 metres in length to which not more than 200 snoods and hooks are attached or are capable of being attached;

(v) 2 droplines to which not more than 200 snoods and hooks are attached or are capable of being attached;

(f) a person who is otherwise authorised or issued with a permit to have specific access to offshore waters.

8.   Rule 12A inserted

After rule 12 of the Principal Rules, the following rule is inserted

12A.   Taking abalone in certain waters

A person must not take any abalone in Franklin Sound waters.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

9.    Rule 20 amended (Buoy marks)

Rule 20(3) of the Principal Rules is amended by omitting "80 millimetres in height and at least 6" and substituting "70 millimetres in height and at least 12".

10.   Rules 20A and 20B inserted

After rule 20 of the Principal Rules, the following rules are inserted:

20A.   Limits, tags and markings

The Minister, by public notice, may determine the following:

(a) the limits for taking or possessing fish for recreational fishing;

(b) the manner in which fish containers and receptacles are to be marked, tagged and notified;

(c) the type, volume and marking of containers and receptacles containing fish;

(d) the marking of fish.

20B.   Nature of buoys

A person must not attach a buoy to any fishing gear unless the buoy –

(a) is spherical in shape; and

(b) has a diameter of not less than 20 centimetres; and

(c) is specifically designed as a buoy.

Penalty:  Fine not exceeding the Grade 1 penalty.

11.    Part 3 rescinded

Part 3 of the Principal Rules is rescinded.

12.   Rule 53 amended (Authority of recreational fishing licences)

Rule 53 of the Principal rules is amended by omitting subrules (1), (4), (5) and (6).

13.    Rule 54 amended (Grant of recreational fishing licences)

Rule 54 of the Principal Rules is amended by omitting subrules (1) and (2) .

14.   Rule 55 amended (Number of recreational fishing licences)

Rule 55(1) of the Principal Rules is amended by omitting "(1), (2), (4), (5)" and substituting "(2)".

15.   Rules 58, 59, 60 and 61 rescinded

Rules 58, 59, 60 and 61 of the Principal Rules are rescinded.

16.    Rule 63 rescinded

Rule 63 of the Principal Rules is rescinded.

17.   Part 8: Heading amended

The heading to Part 8 of the Principal Rules is amended by omitting "ROCK LOBSTER AND GIANT CRAB FISHERIES" and substituting "GIANT CRAB FISHERY".

18.   Part 8: Division 1 omitted

Part 8 of the Principal Rules is amended by rescinding Division 1.

19.    Rule 118 amended (Taking and possessing scallops)

Rule 118(2) of the Principal Rules is amended as follows:

(a) by omitting from paragraph (a) "in rule 122 that exceeds twice" and substituting "under rule 122 that exceeds 3 times";

(b) by inserting in paragraph (b) "one and a half times" after "exceeds".

20.   Rule 122 amended (Use of tags during certain periods)

Rule 122 of the Principal rules is amended by omitting subrule (1) and substituting the following subrules:

(1)  A person must not use a scallop tag during a period that does not correspond to the colour of the tag as specified by the Minister under subrule (1A) .

(1A)  The Minister, by public notice, may specify the colour of scallop tags to be used during any specified periods.

21.   Rule 123 amended (Landing scallops)

Rule 123(a) of the Principal Rules is amended by omitting "in rule" and substituting "under rule".

22.   Rules 134A, 134B and 134C inserted

After rule 134 of the Principal Rules, the following rules are inserted in Division 1 of Part 11:

134A.   Fitting vessel monitoring system

(1)  The Secretary, by notice in writing served on the holder of a fishing licence (scallop), may direct the holder to fit a vessel monitoring system onto a specified fishing vessel.

(2)  The holder of a fishing licence (scallop) must comply with the direction.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(3)  The holder of a fishing licence (scallop) must ensure that a vessel monitoring system fitted on a specified fishing vessel –

(a) is of a type approved by the Secretary; and

(b) is operating at all times, unless the Secretary approves any other arrangement.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

134B.   Test message

The Secretary is to arrange for a test message to be sent each day at a specified time to a specified fishing vessel fitted with a vessel monitoring system.

134C.   Cessation of operation of vessel monitoring system

(1)  After fitting a vessel monitoring system, the holder of a fishing licence (scallop) must provide the Secretary with the name and address of a person the Secretary is to contact if the Secretary considers that the system has ceased to operate.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(2)  If the Secretary considers that a vessel monitoring system has ceased to operate, the Secretary is to notify the person named under subrule (1) that the vessel monitoring system is not operating.

(3)  A person contacted by the Secretary under subrule (2) must immediately advise the holder of the fishing licence (scallop) that the vessel monitoring system is not operating.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(4)  The holder of a fishing licence (scallop) when notified that the vessel monitoring system is not operating must –

(a) immediately make a monitoring report to the reporting service; and

(b) make a monitoring report every 6 hours until the vessel monitoring system is operational or until the port of landing is reached.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

23.   Rule 135 amended (Taking and possessing scallop spat)

Rule 135 of the Principal rules is amended as follows:

(a) by omitting "A" and substituting "(1) Subject to subrule (2), a";

(b) by inserting the following subrule after subrule (1) as renumbered:

(2)  A person may set scallop spat collectors in State waters if –

(a) the scallop spat collectors are set within the area of a marine farm lease; and

(b) the marine farming licence relating to that area authorises the farming of scallops.

24.    Rule 137 amended (Selling and buying scallop spat)

Rule 137(2) of the Principal Rules is amended by omitting "The holder of a marine farming licence" and substituting "A person".

25.   Division 2A inserted

After rule 137 of the Principal Rules, the following Division is inserted:

Division 2A - Mussel spat collection fishery

137A.   Taking and possessing mussel spat

(1)  A person must not set mussel spat collectors in State waters or take or have possession of mussel spat unless –

(a) the mussel spat is taken for the purposes of mussel farming; and

(b) that person is the holder of a fishing licence (mussel spat collection); and

(c) that person has the written approval of the Secretary to set mussel spat collectors in a specified area of State waters for that purpose.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(2)  Subrule (1) does not apply if –

(a) the mussel spat collectors are set within the area of a marine farm lease; and

(b) the marine farming licence relating to that area authorises the farming of mussels.

137B.   Authority of fishing licence (mussel spat collection)

A fishing licence (mussel spat collection) only authorises the holder to –

(a) set mussel spat collectors in State waters; and

(b) take and have possession of mussel spat.

137C.   Selling and buying mussel spat

(1)  A person must not sell or give mussel spat to a person who is not the holder of a marine farming licence in respect of mussel farming.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(2)  A person must not buy, take or receive mussel spat from a person who is not –

(a) the holder of a marine farming licence in respect of mussel farming; or

(b) the holder of a fishing licence (mussel spat collection).

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

26.    Rule 139 amended (Possession of shellfish for commercial purposes)

Rule 139 of the Principal Rules is amended as follows:

(a) by inserting in subrule (1) "otherwise authorised or" after "unless";

(b) by inserting in subrule (2) "otherwise authorised" after " subrule (1) ".

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

Notified in the Gazette on 10 June 1998

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

EXPLANATORY NOTE

(This note is not part of the rule)

(a) omit provisions relating to certain fisheries covered by specific management plans; and

(b) make further provisions relating to –

(i) classes of fishing licences; and

(ii) fishing in offshore waters; and

(iii) limits, tags and markings; and

(iv) mussel spat; and

(v) scallop spat; and

(vi) vessel monitoring systems for scallops.