Fisheries (Abalone) Amendment Rules 1998

Fisheries (Abalone) Amendment Rules 1998

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

D. E. LLEWELLYN

Minister forPrimary Industry and Fisheries

1.   Short title

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

2.   Commencement

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

3.   Principal Rules

In these rules, the Fisheries (Abalone) Rules 1997 are referred to as the Principal Rules.

4.    Rule 3 amended (Interpretation)

Rule 3(1) of the Principal Rules is amended as follows:

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

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

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

5.    Part 2, Division 1: Heading rescinded

Part 2 is amended by omitting the heading "Division 1 — Restrictions".

6.    Rule 14 rescinded

Rule 14 of the Principal Rules is rescinded.

7.    Rule 15 amended (Quantity of abalone)

Rule 15(1)(c) of the Principal Rules is amended as follows:

(a) by omitting subparagraph (i) and substituting the following subparagraph:

(i) has the third copy of the completed diver's docket relating to the abalone with the abalone to which the docket relates; or

(b) by inserting in subparagraph (ii) "with the abalone to which the receipt relates" after "merchant".

8.    Rule 20 amended (Processing abalone)

Rule 20 of the Principal Rules is amended as follows:

(a) by inserting in subrule (1) "completed" after "which a";

(b) by inserting in subrule (2)(c) "completed" after "copy of the".

9.    Rule 23 amended (Post fishing report)

Rule 23(1)(b) of the Principal Rules is amended by omitting " rule 27(1) " and substituting " rule 27(2) or (3) ".

10.    Rule 27 amended (Diver's docket)

Rule 27(4)(b) of the Principal Rules is amended by inserting "completed" after "of the".

11.    Rule 28 amended (Taking possession of abalone)

Rule 28 of the Principal Rules is amended as follows:

(a) by inserting in subrule (3) "completed" after "of the";

(b) by inserting in subrule (4)(a) "completed" after "of the";

(c) by inserting in subrule (4)(b) "completed" after "copy of the";

(d) by inserting in subrule (4)(b) "completed" after "B of the";

(e) by inserting in subrule (4)(c) "completed" after "of the".

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

Notified in the Gazette on 16 December 1998

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

EXPLANATORY NOTE

(This note is not part of the rule)

(a) restrict taking or possessing greenlip abalone in certain waters; and

(b) clarify a reference to a diver's docket as being a completed docket; and

(c) correct references to other provisions.