Fisheries (General and Fees) Amendment Regulations 1998

Fisheries (General and Fees) Amendment Regulations 1998

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,

D. E. LLEWELLYN

Minister for Primary Industries, Water and Environment

1.   Short title

These regulations may be cited as the Fisheries (General and Fees) Amendment Regulations 1998 .

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 3 amended (Interpretation)

Regulation 3 of the Principal Regulations is amended as follows:

(a) by omitting the definitions of banded morwong and bastard trumpeter ;

(b) by omitting the definition of bream ;

(c) by omitting the definitions of flathead , flounder and garfish ;

(d) by omitting "regulation 4" from the definition of Grade 1 penalty and substituting " regulation 5 ";

(e) by omitting "regulation 5" from the definition of Grade 2 penalty and substituting " regulation 6 ";

(f) by omitting "regulation 6" from the definition of Grade 3 penalty and substituting " regulation 7 ";

(g) by omitting the definitions of gummy shark , jackass morwong , mackerel and mullet ;

(h) by omitting the definition of port of departure ;

(i) by omitting the definition of school shark ;

(j) by omitting the definition of shark ;

(k) by omitting the definition of striped trumpeter ;

(l) by omitting the definition of wrasse .

5.    Regulation 4 amended

Regulation 4 of the Principal Regulations is amended as follows:

(a) by omitting paragraphs (d) , (e) and (f) from subregulation (1) ;

(b) by omitting from subregulation (2) " subregulation (1)(a) , (b) , (c) or (d) " and substituting " subregulation (1) ";

(c) by omitting subregulations (3) , (4) and (5) .

6.    Regulation 5 amended

Regulation 5 of the Principal Regulations is amended by omitting subregulations (2) , (3) , (4) and (5) .

7.    Part 4 rescinded

Part 4 of the Principal Regulations is rescinded.

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

Regulation 18 of the Principal Regulations is amended by omitting subregulation (3) and substituting the following subregulation:

(3)  A person must not take, or be in possession of, any of the following:

(a) great white shark (Carcharodon carcharias);

(b) baskingshark (Cetorhinus maximus);

(c) grey nurse shark (Carcharias taurus);

(d) magamouth shark (Megachasma pelagios);

(e) whale shark (Rhincodon typus).

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

9.    Regulation 19D amended (Industry levy)

Regulation 19D of the Principal Regulations is amended by omitting "renews the" and substituting "applies for or renews a".

10.    Regulation 20A inserted

After regulation 20 of the Principal Regulations , the following regulation is inserted in Part 5:

20A.   Keeping records

A person who at any time in the preceding 5 years was the holder of an authorisation is a prescribed person for the purpose of section 145 of the Act.

11.    Schedule 1 amended (Licence fees)

Schedule 1 to the Principal Regulations is amended as follows:

(a) by omitting Part 1 and substituting the following Part:

PART 1 - Fishing licences

1.	Fishing licence (personal) – Renewal	$90
2.	Fishing licence (vessel)
	(a) Renewal	$300
	(b) Transfer –
	(i) if transfer liable for stamp duty	$1500
	(ii) if transfer not liable for stamp duty or nominal stamp duty	$50
	(c) Variation –
	(i) change of fishing vessel on licence	$75
	plus each fishing licence on fishing certificate	$50
	(ii) removal of fishing vessel from licence	$25
	plus each fishing licence on fishing certificate	$25
	(iii) entry of fishing vessel on licence	$75
	plus each fishing licence on fishing certificate	$50
3.	Fishing licence (abalone dive)
	(a) Renewal	$100
	(b) Transfer	$250
4.	Fishing licence (abalone quota)
	(a) Renewal	$100
	(b) Variation	$75
	(c) Transfer, each quota unit	$20
5.	Fishing licence (commercial dive) – Renewal	$300
6.	Fishing licence (mackerel – category A)
	(a) Renewal (no quota)	$50
	(b) Variation (increase quota), each tonne	$4.03
7.	Fishing licence (mackerel – category B) – Renewal	$7 500
8.	Fishing licence (recreational)
	(a) Renewal –
	(i) one licence (pensioner)	$20
	(ii) one licence (child)	$20
	(iii) one licence (other)	$35
	(iv) each additional licence	$5
	(b) Variation –
	(i) application	$5
	(ii) each additional licence	$5
	(c) Tags – replacement	$5
9.	Fishing licence (scallop)
	(a) Renewal, each scallop unit	$5
	(b) Transfer	$50
10.	Fishing licence (scallop spat collection) – Renewal	$280
	plus each boat named on the licence	$20
11.	Fishing licence (shark gillnet) – Renewal	$300
12.	Fishing licence (shark hook) – Renewal	$300
13.	Fishing licence (rock lobster)
	(a) Renewal, each pot –
	(i) in 1998	$125
	(ii) in 1999	$150
	(iii) in 2000	$175
	(iv) in 2001	$200
	(b) Transfer –	$50
14.	Fishing licence (recreational special rock lobster) – Application
	(a) for 28 days	$50
	(b) for 14 days	$30
15.	Fishing licence (general trawl) – Renewal	$200
16.	Fishing licence (limited trawl) – Renewal	$200
17.	Fishing licence (marine plant) – Renewal	$1 000
18.	Fishing licence (Undaria) – Renewal, each kilogram	10 cents
19.	Fishing licence (mussel spat collection)
	(a) Renewal	$280
	(b) plus each boat named on licence	$20
20.	Scalefish licences	Renewal Fees 1999
	(a) fishing licence (purse seine net)	$300	$360
	(b) fishing licence (beach seine A)	$300	$360
	(c) fishing licence (beach seine B)	$180	$220
	(d) fishing licence (scalefish A)	$300	$360
	(e) fishing licence (scalefish B)	$180	$220
	(f) fishing licence (scalefish C)	$120	$150
	(g) fishing licence (banded morwong)	$300	$360
	(h) fishing licence (wrasse	$180	$220
	(i) fishing licence (Australian salmon)	$600	$720
	(j) fishing licence (small mesh gillnet)	$180	$220
	(k) fishing licence (shark hook)	$360	$430
	(l) fishing licence (shark gillnet)	$360	$430

(b) by omitting item 1 from Part 2 and substituting the following:

1.

Renewal, a calendar year, in respect of any amount of abalone or rock lobster or 10 tonnes or more of other species

$50

12.    Schedule 1A amended (Miscellaneous fees)

Schedule 1A to the Principal Regulations is amended by inserting after item 7 the following items:

8.

Purchase of tag for tagging rock lobster –

each tag

30 cents

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

Notified in the Gazette on 9 December 1998

These regulations are administered in the Department of Primary Industries, Water and Environment.

EXPLANATORY NOTE

(This note is not part of the regulation)

(a) rescind certain provisions that are now covered in the rock lobster management plan; and

(b) prescribe certain holders of authorisations as persons who are required to keep records under section 145 of the Act; and

(c) prescribe certain sharks as protected species; and

(d) prescribe new fees for licences; and

(e) correct certain references to other regulations.