Fisheries (Rock Lobster) Amendment Rules 1999
I make the following rules under the Living Marine Resources Management Act 1995 .
30 March 1999David Llewellyn
Minister for Primary Industries, Water and Environment
These rules may be cited as the Fisheries (Rock Lobster) Amendment Rules 1999 .
These rules take effect on 14 April 1999.
In these rules, the Fisheries (Rock Lobster) 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 the definition of dispatch report and substituting the following definition:dispatch report means the report referred to in rule 59 ;(b) by omitting the definition of export report ;(c) by omitting the definition of fish cauf report and substituting the following definition:fish cauf report means the report referred to in rule 55 ;(d) by inserting "on land or on or in a jetty or other structure attached to land" after "a tank" in the definition of holding tank ;(e) by omitting the definition of leaving port report and substituting the following definition:leaving port report means the report referred to in rule 53 ;(f) by omitting the definition of long distance movement report ;(g) by omitting the definitions of marker buoy and monitoring report and substituting the following definitions:marker buoy means a buoy marked in accordance with these rules;movement report means the report referred to in rule 56 ;(h) by omitting the definition of receipt report and substituting the following definition:receipt report means the report referred to in rule 58 ;(i) by inserting ", or any of its component parts," after "contrivance" in the definition of rock lobster pot ;(j) by omitting the definition of rock lobster pot longline ;(k) by omitting the definition of rock lobster transfer docket and substituting the following definitions:rock lobster transfer docket (leaving premises) means a docket referred to in rule 66 ;rock lobster transfer docket (receipt) means a docket referred to in rule 65 ;(l) by omitting the definition of short distance movement report ;(m) by inserting the following definition after the definition of set :site of unloading means –(a) the first point where any rock lobster or container of rock lobster are unloaded or makes contact with an artificial extension of land; or(b) any other place determined by the Secretary;(n) by inserting the following definitions after the definition of spear :sunrise, in relation to any day, means –(a) in November, December and January in any year, 4.00 a.m. Australian Eastern Standard Time; and(b) in February, March, April, September and October in any year, 5.00 a.m. Australian Eastern Standard Time; and(c) in May, June, July and August in any year, 7.00 a.m. Australian Eastern Standard Time;sunset, in relation to any day, means –(a) in November, December and January in any year, 8.00 p.m. Australian Eastern Standard Time; and(b) in February, March, April, September and October in any year, 7.00 p.m. Australian Eastern Standard Time; and(c) in May, June, July and August in any year, 5.00 p.m. Australian Eastern Standard Time;(o) by omitting ", holding tank or State waters onto" from the definition of unloading and substituting "or State waters onto land or from a holding tank on";(p) by omitting the definition of unloading report and substituting the following definition:unloading report means the report referred to in rule 54 ;
5. Rule 13 amended (Possession and control of rock lobster)
Rule 13 of the Principal Rules is amended by inserting after subrule (1) the following subrule:(1A) Subrule (1)(a) does not apply to a person who –(a) has possession of a single cut-up or dismembered rock lobster on a fishing vessel or a vessel being used for recreational purposes if the vessel –(i) was used to take the rock lobster; and(ii) is not in port; or(b) carries on a business selling rock lobster served as meals if the person has a receipt verifying the purchase of the rock lobster.
6. Rule 18 substituted
Rule 18 of the Principal Rules is rescinded and the following rule is substituted:18. Endorsement of fish processing licence
(1) The holder of a fish processing licence must not have possession of rock lobster for commercial purposes at a place unless the licence is endorsed accordingly.Penalty: Fine not exceeding the applicable Grade 3 penalty.(2) The holder of a fish processing licence must not cause or permit rock lobster to be transported to a place for the purpose of storage unless the licence is endorsed accordingly.Penalty: Fine not exceeding the applicable Grade 3 penalty.
7. Rule 24 amended (Recreational fishing licence number)
Rule 24 of the Principal Rules is amended as follows:(a) by omitting from subrule (2)(b) "the Fisheries Rules 1996 " and substituting " paragraph (a) ";(b) by inserting the following subrule after subrule (2) :(3) The licence holder must not use a rock lobster pot or fish cauf unless the marker buoy to which the licence relates is attached.Penalty: Fine not exceeding the applicable Grade 2 penalty.
8. Rule 28 amended (Restrictions on fishing licence (recreational rock lobster pot))
Rule 28(2)(b) of the Principal Rules is amended by omitting "fishing".
9. Rule 32 amended (Taking rock lobster commercially)
Rule 32(b) of the Principal Rules is amended by inserting "or rock lobster ring" after "pot".
10. Rule 34 amended (Authority of fishing licence (rock lobster))
Rule 34 of the Principal Rules is amended as follows:(a) by omitting from paragraph (d) "licence" and substituting "fishing certificate";(b) by omitting paragraph (f) and substituting the following paragraphs:(f) take up to 100 kilograms of giant crabs during the period of the licence and have possession of 5 or less giant crabs in State waters; and(g) use up to 4 rock lobster rings.
11. Rule 35 amended (Restrictions on fishing licence (rock lobster))
Rule 35 of the Principal Rules is amended as follows:(a) by inserting in subrule (2) "more than 70 kilograms" after "take";(b) by omitting from subrule (3) "licence to take rock lobster" and substituting "fishing certificate";(c) by omitting from subrule (5) "10 giant crabs in State waters" and substituting "5 giant crabs in State waters unless authorised by another licence to do so";(d) by inserting the following subrules after subrule (5) :(6) The holder of a fishing licence (rock lobster) must not take more than 100 kilograms of giant crabs during the period of the licence unless authorised by another licence to do so.Penalty: Fine not exceeding the applicable Grade 3 penalty.(7) The holder of a fishing licence (rock lobster) must carry a copy of the licence on the fishing vessel during a fishing trip.
12. Rule 37 amended (Restrictions on setting rock lobster pot)
Rule 37 of the Principal Rules is amended by inserting after subrule (6) the following subrule:(6A) Subrule (5) does not apply to the holder of a fishing licence (rock lobster) who has written approval from the Secretary to be in possession of rock lobster pots during the closed season.
13. Rule 38 substituted
Rule 38 of the Principal Rules is rescinded and the following rule is substituted:38. Marker buoys on pots and longlines
(1) A person must not use a rock lobster pot in State waters unless a marker buoy is attached at all times on a line long enough for the buoy to float on the surface of the water.Penalty: Fine not exceeding the applicable Grade 3 penalty.(2) The person in charge of a fishing vessel must mark or cause to be marked legibly and clearly on the marker buoy attached to the hauling line of every rock lobster pot used in connection with the fishing vessel the distinguishing mark of the fishing vessel.Penalty: Fine not exceeding the applicable Grade 3 penalty.(3) A distinguishing mark for the purposes of subrule (2) is to be at least 70 millimetres in height and at least 12 millimetres in width.(4) A person must not set a rock lobster pot unless the marker buoy is marked in accordance with these rules.Penalty: Fine not exceeding the applicable Grade 3 penalty.(5) The owner or person in charge of a fishing vessel must –(a) maintain a distinguishing mark in a clear and legible condition; and(b) ensure that a marker buoy bears only the distinguishing mark referred to in this rule.Penalty: Fine not exceeding the applicable Grade 1 penalty.(6) A person must not attach a marker buoy to any rock lobster pot or fish cauf 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 applicable Grade 1 penalty.(7) The holder of a fishing licence (rock lobster) must not, in State waters, have possession of any device designed to conceal a marker buoy under the surface.Penalty: Fine not exceeding the applicable Grade 3 penalty.
14. Rule 40 amended (Taking rock lobster in accordance with rock lobster quota units)
Rule 40 of the Principal Rules is amended as follows:(a) by inserting in subrule (1) "that may be taken" after "units";(b) by inserting the following subrule after subrule (2) :(3) The number of rock lobster quota units held on a licence is to be at least 5 and not more than 100.
15. Rule 41 amended (Period of total allowable catch)
Rule 41(2) of the Principal Rules is amended by omitting "specified in" and substituting "held on".
16. Rule 42 amended (Specification of entitlements)
Rule 42 of the Principal Rules is amended as follows:(a) by omitting from subrule (1) "specified in" and substituting "held on";(b) by omitting from subrule (2) "specified in" and substituting "held on".
17. Rules 43A and 43B inserted
After rule 43 of the Principal Rules , the following rules are inserted in Division 2:43A. Status of licences and numbers of quota units
(1) A fishing licence (rock lobster) with less than 15 rock lobster quota units specified in the licence is not to have a fishing vessel specified in the fishing certificate.(2) Subrule (1) and rule 40(2) do not apply to the holder of a fishing licence (giant crab) that has at least 100 giant crab quota units specified in that licence.(3) Subrule (1) does not apply if –(a) the fishing certificate includes a licence approved by the Secretary for the purpose of this rule; and(b) the holder of that licence complies with any conditions attached to that licence.43B. Transfer of rock lobster quota units
(1) The Minister is not to transfer a rock lobster quota unit to a person who is not the holder of a fishing licence (rock lobster).(2) The Minister is not to transfer the entitlement for a rock lobster pot unless a rock lobster quota unit is also transferred.(3) The Minister is not to transfer a rock lobster quota unit unless –(a) the quota unit balance is reduced by the weight equal to the number of quota units to be transferred; and(b) the weight of rock lobster for that quota unit has not already been caught.(4) Subrule (3)(b) does not apply to the permanent transfer of a rock lobster quota unit from one licence holder to another.
18. Rule 44 amended (Deduction for excess)
Rule 44 of the Principal Rules is amended as follows:(a) by omitting from paragraph (b) "one and a half times the quantity taken" and substituting "20 kilograms plus 1.5 kilograms for each kilogram taken over 20 kilograms";(b) by omitting from paragraph (c) "2 times the quantity taken." and substituting "58 kilograms plus 2 kilograms for each kilogram taken over 45 kilograms;";(c) by inserting the following paragraph after paragraph (c) :(d) for a quantity greater than 70 kilograms, a deduction of 108 kilograms.
19. Rule 45 amended (Quota unit balance)
Rule 45 of the Principal Rules is amended by inserting after subrule (2) the following subrule:(3) The holder of a fishing licence (rock lobster) must not possess more rock lobster in State waters than the quota unit balance plus 70 kilograms.Penalty: Fine not exceeding the applicable Grade 3 penalty.
20. Rule 45A inserted
After rule 45 of the Principal Rules , the following rule is inserted in Division 2:45A. Deduction of rock lobster from quota at end of open season
The holder of a fishing licence (rock lobster) who intends holding rock lobster on the fishing vessel during a closed season must –(a) weigh rock lobster that are to remain on the fishing vessel during the closed season within 48 hours of the start of the closed season; and(b) complete Part A of the rock lobster quota docket and enter on the docket that the rock lobster have not been unloaded and are still on the vessel; and(c) forward a copy of the rock lobster quota docket to the Secretary within 48 hours; and(d) retain the original copy until the rock lobster are unloaded and Part B is completed according to the method of sale undertaken in accordance with rule 46 ; and(e) unload the rock lobster in accordance with rules 48 and 54 before the commencement of the first fishing trip of the next open season.Penalty: Fine not exceeding the applicable Grade 3 penalty.
21. Rule 46 amended (Sale to unlicensed person)
Rule 46 of the Principal Rules is amended by inserting after subrule (2) the following subrule:(3) The holder of a fishing licence (rock lobster) that is authorised under subrule (1) by an endorsement on the licence must –(a) unload the rock lobster in Tasmania; and(b) make a movement report in accordance with rule 56 before moving any rock lobster from the site of unloading; and(c) not move any rock lobster from the site of unloading unless Part B of the rock lobster quota docket has been completed in respect of those rock lobster and signed by a person not present when the rock lobster were taken and who is not –(i) the licence holder; or(ii) if the licence holder is a company, a director of the company; or(iii) an agent or employee of the licence holder; and(d) make a dispatch report in accordance with rule 59 at least 2 hours before dispatching any rock lobster out of the State; and(e) complete a rock lobster transfer docket (leaving premises) before dispatching any rock lobster out of the State; and(f) ensure that the duplicate copy of the rock lobster transfer docket (leaving premises) travels with the consignment of rock lobster; and(g) comply with any instructions or directions of a fisheries officer relating to the inspection of any rock lobster sold; and(h) keep records in respect of sale of rock lobster relating to the following:(i) the time and date of each sale;(ii) the number, form and weight of rock lobster sold;(iii) the number and weight of rock lobster dispatched from the State;(iv) the price or benefit gained from the sale;(v) the number, form and weight of rock lobster held or stored for sale;(vi) the place at which rock lobster for sale is held;(vii) the name and address of the purchaser of the rock lobster.Penalty: Fine not exceeding the applicable Grade 3 penalty.
22. Rules 46A and 46B inserted
After rule 46 of the Principal Rules , the following rules are inserted in Division 3:46A. Sale to fishing licence holders
(1) The holder of a fishing licence (rock lobster) must not transport or possess any rock lobster for commercial purposes that have previously been –(a) taken by another holder of a fishing licence (rock lobster); or(b) purchased or obtained from another holder of a fishing licence (rock lobster); or(c) purchased or obtained from the holder of a fish processing licence or a handling licence.Penalty: Fine not exceeding the applicable Grade 3 penalty.(2) Subrule (1) does not apply to a person who is authorised by the Secretary to transport or possess rock lobster in the circumstances specified in that subrule.The holder of a fishing licence (rock lobster) must not hold or store any rock lobster for commercial purposes at a place other than –(a) on the fishing vessel used to take the rock lobster; or(b) in any holding tank or fish cauf specified for that purpose in the licence; or(c) at a place approved by the Secretary for the holding or storage of rock lobster.Penalty: Fine not exceeding the applicable Grade 3 penalty.
23. Rule 47 amended (Tagging of rock lobster)
Rule 47 of the Principal Rules is amended as follows:(a) by omitting from subrule (1)(b) "Secretary." and substituting "Secretary; and";(b) by inserting the following paragraph after paragraph (b) in subrule (1) :(c) with the tag locking mechanism firmly locked on to the horn of the rock lobster.(c) by inserting the following subrule after subrule (1) :(1A) A person must not have possession of rock lobster at a place in the State where the business of selling fish, by retail or by wholesale, is carried on unless the rock lobster is tagged.Penalty: Fine not exceeding the applicable Grade 3 penalty.(d) by omitting from subrule (2) " Subrule (1) does" and substituting " Subrules (1) and (1A) do";(e) by inserting in subrule (2)(a) "for sale" after "lobster";(f) by omitting from subrule (2)(b) "processing,";(g) by inserting the following paragraph after paragraph (b) in subrule (2) :(ba) the holder of a fish processing licence who is processing the rock lobster; or(h) by omitting from subrule (2)(d) "less than 5" and substituting "5 or less";(i) by inserting in subrule (3) "or transfer" after "sell";(j) by omitting from subrule (3)(b) "Secretary." and substituting "Secretary; and";(k) by inserting the following paragraph after paragraph (b) in subrule (3) :(c) with the tag locking mechanism firmly locked on to the horn.(l) by omitting subrule (4) and substituting the following subrule:(4) The holder of a fish processing licence must tag any rock lobster sold to a person in Tasmania before the rock lobster leave the processing premises unless the rock lobster are sold to another holder of a fish processing licence.Penalty: Fine not exceeding the applicable Grade 3 penalty.(m) by inserting in subrule (5) "unless the rock lobster are sold to another holder of a fish handling licence or the holder of a fish processing licence" after "the holder";(n) by inserting the following subrules after subrule (9) :(10) A person who prepares a rock lobster to be sold as a meal must deface any rock lobster tag removed from a rock lobster by cutting the tag diagonally across the numbered face immediately the meal is prepared.Penalty: Fine not exceeding the applicable Grade 2 penalty.(11) A person must not have possession of a closed rock lobster tag that is not affixed to a rock lobster or defaced.Penalty: Fine not exceeding the applicable Grade 2 penalty.
24. Rule 48 amended (Unloading at port of landing)
Rule 48 of the Principal Rules is amended by inserting after subrule (2) the following subrule:(3) The holder of a licence that is endorsed under subrule (2)(b) must not unload any rock lobster at a place other than provided under subrule (1) or specified in the endorsement on the licence.Penalty: Fine not exceeding the applicable Grade 3 penalty.
25. Rule 48A substituted
Rule 48A of the Principal Rules is rescinded and the following rules are substituted:(1) The holder of a fishing licence (rock lobster) must not export rock lobster or cause or permit to be exported rock lobster on or in a fishing vessel to a State or Territory unless authorised by an endorsement on the licence.(2) The holder of a licence authorised under subrule (1) must –(a) ensure that the fishing vessel is fitted with a vessel monitoring system in accordance with rule 69; and(b) take the rock lobster to one of the ports of Currie, Grassy, Stanley or Lady Barron for inspection before leaving State waters; and(c) contact a fisheries officer to arrange for an inspection at a port specified in paragraph (b) ; and(d) not leave the port until a fisheries officer has inspected the rock lobster and sealed the holding tank or well on the vessel; and(e) ensure that all the rock lobster on or in the fishing vessel are sealed in the holding tank or well; and(f) comply with any instructions or directions issued by the fisheries officer in respect to that inspection; and(g) ensure that the fishing vessel proceeds directly to the port of unloading; and(h) record the number of rock lobster to be unloaded on Part A of the original copy of the rock lobster quota docket.Penalty: Fine not exceeding the applicable Grade 3 penalty.(3) The holder of a licence authorised under subrule (1) who has exported rock lobster from State waters on or in a fishing vessel must comply with any instructions or directions issued by the fisheries officer at the port of landing in respect to the time of the unloading or the removal of the seals from the holding tank or well.Penalty: Fine not exceeding the applicable Grade 3 penalty.(4) The holder of a fishing licence (rock lobster) must not unload rock lobster at any port of landing unless –(a) a fisheries officer has removed the seals from the holding tank or well of the fishing vessel; or(b) 30 minutes have elapsed after –(i) the nominated time of unloading provided in the unloading report; and(ii) the fishing vessel has reached the port of landing.Penalty: Fine not exceeding the applicable Grade 3 penalty.(5) The holder of a licence authorised under subrule (1) must not remove any seals placed by a fisheries officer unless –(a) an emergency situation exists; or(b) 30 minutes have elapsed after the nominated time of unloading provided in the unloading report and a receipt report has been made to the reporting service.Penalty: Fine not exceeding the applicable Grade 3 penalty.(6) The holder of a fish processing licence must not export any rock lobster that has not firstly been taken to a processing premises or storage location specified on the licence unless –(a) the rock lobster is exported by aircraft; and(b) a dispatch report is made at least 2 hours before the rock lobster is exported; and(c) in respect of an original rock lobster transfer docket (leaving premises) –(i) the original docket is completed before any rock lobster leaves Tasmania; and(ii) a copy of the original docket is forwarded by facsimile to the Secretary before the rock lobster is transported from Tasmania; and(iii) the duplicate copy of the docket accompanies the rock lobster to which it refers when the rock lobster is transported from Tasmania; and(iv) on the original docket the total number of rock lobster is calculated by adding the figures written on Part A of the original of the rock lobster quota dockets that relate to the lobster being exported.Penalty: Fine not exceeding the applicable Grade 3 penalty.48B. Transporting rock lobster for sale
(1) The holder of a fishing licence (rock lobster) must not transport rock lobster from a specified port of landing unless authorised by an endorsement on the licence.Penalty: Fine not exceeding the applicable Grade 3 penalty.(2) The holder of a licence endorsed under subrule (1) must not –(a) move any rock lobster from the site of unloading unless the rock lobster were weighed at the point of unloading; or(b) move any rock lobster from the site of unloading unless Part A of the rock lobster quota docket has been completed in respect of those rock lobster; or(c) move any rock lobster from the site of unloading unless Part B of the rock lobster quota docket has been completed in respect of those rock lobster by a person not present when the rock lobster were taken and who is not –(i) the licence holder; or(ii) if the licence holder is a company, a director of the company; or(iii) an agent or employee of the licence holder.Penalty: Fine not exceeding the applicable Grade 3 penalty.(3) The holder of a licence endorsed under subrule (1) , when rock lobster are transported from the unloading location specified in the licence, must –(a) make a movement report before any rock lobster are transported from the site of unloading; or(b) ensure that all the rock lobster are –(i) taken directly and without delay by road transport to a public or private telephone at a reporting location endorsed on the licence; and(ii) delivered to the holder of a fish processing licence in Tasmania at the premises specified on the fish processing licence.Penalty: Fine not exceeding the applicable Grade 3 penalty.(4) The holder of a licence endorsed under subrule (1) must make a movement report before any rock lobster are transported past a telephone at the reporting location specified in the licence.Penalty: Fine not exceeding the applicable Grade 3 penalty.(5) The holder of a licence transporting rock lobster under subrule (3)(b) must –(a) comply with any instructions or directions by a fisheries officer in respect to the inspection of the rock lobster; and(b) make any premises approved by the Secretary for the holding or storage of rock lobster that is a place of residence available for inspection at the request of a fisheries officer.Penalty: Fine not exceeding the applicable Grade 3 penalty.
26. Rule 50 substituted
Rule 50 of the Principal Rules is rescinded and the following rule is substituted:50. Fish caufs and holding tanks for commercial purposes
(1) The holder of a fishing licence (rock lobster) must not possess a fish cauf or place any rock lobster in a fish cauf or holding tank unless authorised by an endorsement on the licence for the use of the fish cauf or holding tank.Penalty: Fine not exceeding the applicable Grade 3 penalty.(2) The holder of a fish processing licence or a handling licence must not possess a fish cauf or place any rock lobster in a fish cauf unless the licence is endorsed for the use of the fish cauf.Penalty: Fine not exceeding the applicable Grade 3 penalty.(3) The holder of a licence authorised under subrule (1) must mark the fish cauf with a marker buoy in accordance with rule 38 .Penalty: Fine not exceeding the applicable Grade 2 penalty.(4) The holder of a licence endorsed under subrule (1) must not use –(a) a greater number of fish caufs than the total number specified on the licence; or(b) any fish cauf unless the cauf is marked as is specified on the licence; or(c) any fish cauf which is located other than at a place specified on the licence.Penalty: Fine not exceeding the applicable Grade 2 penalty.(5) The holder of a fishing licence (rock lobster) who removes rock lobster from a fish cauf or holding tank must comply with rule 54 .Penalty: Fine not exceeding the applicable Grade 3 penalty.(6) The holder of a fish processing licence or handling licence who removes rock lobster from a fish cauf must make an unloading report.Penalty: Fine not exceeding the applicable Grade 3 penalty.(7) The holder of a fishing licence (rock lobster), a fish processing licence or a handling licence must not move a fish cauf from the location specified in the licence.Penalty: Fine not exceeding the applicable Grade 3 penalty.(8) The holder of a fishing licence (rock lobster) must not place any rock lobster into a fish cauf or holding tank unless the rock lobster catch record is completed for that day.Penalty: Fine not exceeding the applicable Grade 3 penalty.(9) The holder of a licence endorsed under subrule (1) to use a holding tank must –(a) not place any rock lobster taken by another person in the holding tank; and(b) not place any rock lobster into a holding tank unless Part B of the rock lobster quota docket is completed in respect to those rock lobster and signed by a person not present when the rock lobster were taken and who is not –(i) the licence holder; or(ii) if the licence holder is a company, a director of the company; or(iii) an agent or employee of the licence holder; and(c) ensure that the person who signs Part B of the rock lobster quota docket enters his or her full name and address on the docket; and(d) keep records relating to the following matters:(i) the time and date of the placement of rock lobster into a holding tank;(ii) the number of rock lobster placed into and removed from the holding tank;(iii) the daily stock by number of rock lobster held in each holding tank.Penalty: Fine not exceeding the applicable Grade 3 penalty.(10) The holder of a licence endorsed under subrule (2) to use a fish cauf must keep records relating to the following matters:(a) the time and date of the placement of rock lobster into the fish cauf;(b) the number of rock lobster placed into and removed from the fish cauf;(c) the daily stock by number of rock lobster held in each fish cauf.Penalty: Fine not exceeding the applicable Grade 3 penalty.(11) The holder of a licence endorsed under subrule (1) must not place or store any rock lobster in a holding tank if the rock lobster have previously been purchased or obtained from the holder of a fish processing licence or a handling licence.Penalty: Fine not exceeding the applicable Grade 3 penalty.(12) The holder of a licence endorsed under subrule (2) must not place or store any rock lobster in a fish cauf if the rock lobster have previously been purchased or obtained from the holder of another fish processing licence or a handling licence.Penalty: Fine not exceeding the applicable Grade 3 penalty.(13) A person must not remove any live rock lobster from a fish cauf for any purpose other than landing it.Penalty: Fine not exceeding the applicable Grade 3 penalty.
27. Rule 51 amended (Number of pots)
Rule 51 of the Principal Rules is amended by inserting after subrule (2) the following subrule:(3) The Minister must not increase the number of rock lobster pots specified on a licence unless the licence holder applies to transfer the rock lobster pots from another licence holder.
28. Rule 51A inserted
After rule 51 of the Principal Rules , the following rule is inserted in Division 4:51A. Restrictions on fishing in 2 jurisdictions
The holder of a fishing licence (rock lobster) who has an authority from another State to take rock lobster from that State using the fishing vessel specified in the fishing licence (vessel) must not –(a) use that fishing vessel to take rock lobster from State waters if it has been used to take rock lobster from outside State waters since last leaving port; or(b) be in possession of rock lobster taken from outside State waters while undertaking a fishing trip for rock lobster in State waters; or(c) use or set any rock lobster pot from the fishing vessel in State waters if the fishing vessel has been used to set rock lobster pots in waters outside State waters since last leaving port.Penalty: Fine not exceeding the applicable Grade 3 penalty.
29. Rule 53 amended (Leaving port report)
Rule 53 of the Principal Rules is amended by inserting after subrule (4) the following subrule:(5) The holder of a fishing licence (rock lobster) who has an authority from another State to take rock lobster from that State using the fishing vessel specified in the fishing licence (vessel) must make a leaving port report at least 2 hours before leaving port to undertake a fishing trip for rock lobster in State waters.Penalty: Fine not exceeding the applicable Grade 3 penalty.
30. Rule 54 amended (Unloading report)
Rule 54(5)(c) of the Principal Rules is amended by omitting "to be".
31. Rule 56 amended (Movement report)
Rule 56 of the Principal Rules is amended as follows:(a) by omitting subrule (1) and substituting the following subrule:(1) The holder of a fish processing licence or a handling licence must make a movement report to the reporting service in respect of the movement or transport of any rock lobster before it leaves the immediate proximity of a fishing vessel from which it was unloaded unless otherwise authorised by the Secretary.Penalty: Fine not exceeding the applicable Grade 3 penalty.(b) by omitting from subrule (2) "long distance";(c) by omitting from subrule (3) "long distance";(d) by inserting the following subrule after subrule (4) :(5) The holder of a fish processing licence or handling licence must weigh any rock lobster at the site of unloading before transporting the rock lobster unless otherwise authorised by the Secretary.Penalty: Fine not exceeding the applicable Grade 3 penalty.
32. Rule 57 rescinded
Rule 57 of the Principal Rules is rescinded.
33. Rule 58 amended (Receipt report)
Rule 58 of the Principal Rules is amended as follows:(a) by omitting from subrule (1) "at a place more than one kilometre from the site of unloading";(b) by inserting the following subrule after subrule (3) :(4) The holder of a fish processing licence or handling licence must not place any rock lobster into tanks or other storage where they are not identifiable as the rock lobster to which the receipt report relates for 10 minutes after the movement report is made.Penalty: Fine not exceeding the applicable Grade 3 penalty.
34. Rule 59 amended (Dispatch report)
Rule 59 of the Principal Rules is amended as follows:(a) by inserting in subrule (1) "or a fishing licence (rock lobster) authorised under rule 48A(1) " after "licence";(b) by inserting in subrule (2) "or a fishing licence (rock lobster) authorised under rule 48A(1) " after "licence".
35. Rule 60 amended (Delivery report)
Rule 60 of the Principal Rules is amended by inserting after subrule (4) the following subrule:(5) Subrules (1) and (3) do not apply to a person who accepts delivery of less than 21 rock lobster if the rock lobster are tagged in accordance with rule 47 .
36. Rule 63 substituted
Rule 63 of the Principal Rules is rescinded and the following rule is substituted:63. Rock lobster quota docket – Part B
(1) The holder of a fish processing licence or handling licence must complete Part B of the original copy of a rock lobster quota docket before any rock lobster leaves the site of unloading.Penalty: Fine not exceeding the applicable Grade 3 penalty.(2) The holder of a fishing licence (rock lobster) must not deliver rock lobster to any person before Part A of the original copy of a rock lobster quota docket is completed.Penalty: Fine not exceeding the applicable Grade 3 penalty.
37. Rule 64 amended (Completed rock lobster quota docket)
Rule 64 of the Principal Rules is amended as follows:(a) by omitting paragraph (a) from subrule (1) and substituting the following paragraph:(a) ensure that the original copy of the completed rock lobster quota docket is received by the Secretary within 48 hours after the rock lobster are unloaded; and(b) by inserting in subrule (1)(b) "in good condition" after "docket";(c) by inserting the following subrule after subrule (3) :(4) It is a defence to any proceedings under subrule (1) for a person to prove that the original copy of the completed rock lobster quota docket was posted to the Secretary within 48 hours after the rock lobster were unloaded.
38. Rule 65 amended (Rock lobster transfer dockets (receipt))
Rule 65 of the Principal Rules is amended as follows:(a) by omitting from subrule (1) "within 15 minutes after the rock lobster is received and weighed" and substituting "(receipt) within 15 minutes after the rock lobster is received at the processing premsies";(b) by omitting subrule (2) and substituting the following subrule:(2) The holder of a fish processing licence must ensure that the original copy of the completed rock lobster transfer docket (receipt) is received by the Secretary within 7 days after the day on which it is completed.Penalty: Fine not exceeding the applicable Grade 3 penalty.(c) by omitting from subrule (3) "processing licence must keep the triplicate copy of the rock lobster transfer docket" and substituting "fish processing licence must keep the triplicate copy of the rock lobster transfer (receipt) in good condition";(d) by inserting the following subrule after subrule (3) :(4) It is a defence to any proceedings under subrule (2) for a person to prove that the original copy of the completed rock lobster transfer docket (receipt) was posted to the Secretary on the day on which it was completed.
39. Rule 66 amended (Rock lobster transfer dockets (leaving premises))
Rule 66 of the Principal Rules is amended as follows:(a) by inserting in subrule (1) "(leaving premises)" after "docket";(b) by omitting subrule (2) and substituting the following subrule:(2) The holder of a handling licence or the holder of a fishing licence (rock lobster) authorised under rule 46 must complete the original copy of a rock lobster transfer docket (leaving premises) before the rock lobster is exported.Penalty: Fine not exceeding the applicable Grade 3 penalty.(c) by omitting from subrule (3) "forward";(d) by omitting paragraphs (a) and (b) from subrule (3) and substituting the following paragraphs:(a) deliver the original copy of the completed rock lobster transfer docket (leaving premises) to the Secretary by facsimile or electronic data transmission before any rock lobster leaves the processing premises; and(b) ensure that the original copy of the completed rock lobster transfer docket (leaving premises) is received by the Secretary on the first business day of the month following the month in which the docket was completed; and(c) deliver the duplicate copy of that docket with the rock lobster to the person receiving the rock lobster.(e) by inserting in subrule (3A) "(leaving premises)" after "docket";(f) by omitting from subrule (4) "must keep it for at least 5 years" and substituting "(leaving premises) must keep it in good condition for at least 5 years";(g) by omitting from subrule (5) "at the processing premises for at least 5 years" and substituting "(leaving premises) at the processing premises in good condition for at least 5 years";(h) by omitting subrule (6) and substituting the following subrules:(6) The holder of a handling licence or the holder of a fishing licence (rock lobster) authorised under rule 46 must keep the triplicate copy of the rock lobster transfer docket (leaving premises) in good condition for at least 5 years.Penalty: Fine not exceeding the applicable Grade 3 penalty.(7) It is a defence to any proceedings under subrule (3)(b) for a person to prove that the original copy of the completed rock lobster transfer docket (leaving premises) was posted to the Secretary on the first business day of the month following the month in which the docket was completed.
40. Rules 66A and 66B inserted
After rule 66 of the Principal Rules , the following rules are inserted in Division 2:The holder of a fishing licence (rock lobster), a handling licence or a fish processing licence must maintain and use accurate measuring, counting and weighing instruments to determine the number and weight information written on any dockets completed under this Division.Penalty: Fine not exceeding the applicable Grade 3 penalty.(1) The holder of a handling licence or a fish processing licence who also holds a fishing licence (rock lobster) must not complete Part B of an original rock lobster quota docket in respect of any rock lobster landed by –(a) the person as the holder of the fishing licence (rock lobster); or(b) a person who is a director, shareholder, partner, employer or employee of the holder of the fishing licence (rock lobster).Penalty: Fine not exceeding the applicable Grade 3 penalty.(2) The holder of a handling licence or a fish processing licence must not complete Part B of an original rock lobster quota docket in respect of any rock lobster processed, received or transported as an employee or contractor of the holder of the fishing licence (rock lobster) who landed the rock lobster.Penalty: Fine not exceeding the applicable Grade 3 penalty.(3) A licence holder referred to in subrules (1) and (2) must ensure that Part B of the rock lobster quota docket is completed by –(a) a person not specified in subrules (1) and (2) ; or(b) an approved person.
Rules 67 and 68 of the Principal Rules are rescinded and the following rules are substituted:67. Records of general information
(1) The holder of a fish processing licence must keep records relating to the following matters:(a) in relation to each receipt or purchase of rock lobster by or on behalf of the holder –(i) the date of receipt or purchase; and(ii) the weight of live rock lobster received or purchased; and(iii) the number of live rock lobster received or purchased; and(iv) the actual weight and the number of containers or packages of rock lobster received or purchased in any other form; and(v) the price paid or consideration given for the rock lobster; and(vi) the name and address of the person from whom the rock lobster were received or purchased;(b) in relation to each rock lobster processing operation carried out by or on behalf of the holder –(i) the date of processing; and(ii) the live weight input of rock lobster; and(iii) the actual weight input of any other form of rock lobster processed; and(iv) the form of output and the number and weight of each form of output; and(v) the name and address of the person who supervised the operation;(c) in relation to each sale or consignment of rock lobster made by or on behalf of the holder –(i) the date of the sale or consignment; and(ii) the weight of live rock lobster sold or consigned; and(iii) the number of rock lobster sold or consigned; and(iv) the weight, number and any other form of rock lobster sold or consigned; and(v) the price or consideration received for the rock lobster; and(vi) the name and address of the purchaser or consignee;(d) the daily stock by number and weight of rock lobster held by or on behalf of the holder in Tasmania or elsewhere;(e) any location at which the rock lobster are held;(f) the form and weight of each form of rock lobster held;(g) any other matter specified as a condition of the licence.Penalty: Fine not exceeding the applicable Grade 3 penalty.(2) The holder of a handling licence must keep records relating to the following matters:(a) in relation to any person from whom rock lobster were received by or on behalf of the holder –(i) the date of receipt or purchase in respect of each receipt or landing of rock lobster; and(ii) the place the receipt or landing occurred; and(iii) the vehicle, vessel or aircraft used to transport the rock lobster to the licence holder; and(iv) the weight of rock lobster received or purchased from the person at each receipt or landing; and(v) the number of rock lobster received or purchased at each receipt or landing; and(vi) the price paid or consideration given for each receipt or landing; and(vii) the name, address and licence number of the person from whom the rock lobster were received or purchased at each receipt or landing;(b) in relation to any person to whom rock lobster were delivered or consigned during the licence period –(i) the name of the person to whom the rock lobster were delivered or consigned; and(ii) the date of the delivery or consignment to the person; and(iii) the number of rock lobster delivered or consigned to the person; and(iv) the weight of rock lobster delivered or consigned to the person; and(v) the form or forms of rock lobster delivered or consigned to the person; and(vi) the vehicle, vessel or aircraft used to transport the rock lobster to the person; and(vii) the price or consideration the person paid for the rock lobster;(c) the daily stock by number and weight of rock lobster held by or on behalf of the holder in Tasmania or elsewhere;(d) any location at which the rock lobster are held;(e) the form and weight of each form of rock lobster held;(f) any other matter specified as a condition of the licence.Penalty: Fine not exceeding the applicable Grade 3 penalty.(3) The holder of a fishing licence (rock lobster) must make and retain records within Tasmania that enable the following information to be determined in relation to operations conducted under the licence and in relation to business activities arising in connection with those operations:(a) the date of any sale or consignment of rock lobster made by or on behalf of the holder;(b) the number of rock lobster sold or consigned;(c) the exact weight of rock lobster sold or consigned;(d) the form of rock lobster sold or consigned;(e) the price or consideration received for rock lobster;(f) the name and address of the purchaser or consignee of rock lobster.Penalty: Fine not exceeding the applicable Grade 3 penalty.68. Record of rock lobster catch
(1) The holder of a fishing licence (rock lobster) must complete the catch record on each day during which fishing occurs –(a) before the end of a fishing trip and when the holder first leaves the fishing vessel; or(b) before leaving State waters with rock lobster on the fishing vessel.Penalty: Fine not exceeding the applicable Grade 2 penalty.(2) The holder of a fishing licence (rock lobster) must ensure that the rock lobster catch record book is on the fishing vessel during any fishing trip.Penalty: Fine not exceeding the applicable Grade 2 penalty.
42. Schedule 1 amended (Ports of landing)
Clause 1 of Schedule 1 to the Principal Rules is amended as follows:(a) by inserting the following subparagraph after subparagraph (x) in paragraph (b) :(xi) the public wharf at Beauty Point;(b) by omitting from paragraph (c)(viii) "Tas Seafoods Wharf" and substituting "the public wharf";(c) by omitting subparagraph (ix) from paragraph (c) and substituting the following subparagraph:(ix) the public wharf and the Storm Bay Seafoods wharf at Nubeena;(d) by inserting in paragraph (c)(xiii) ", the wharf opposite the town wharf" after "town wharf";(e) by omitting subparagraph (xv) from paragraph (c) and substituting the following subparagraph:(xv) the public jetty at Little Swanport;(f) by inserting the following paragraphs after paragraph (c) :(d) the public wharf at Apollo Bay, Victoria;(e) the public wharf at Portland, Victoria;(f) the public wharf at Port Welshpool, Victoria;(g) the public wharf at San Remo, Victoria;(h) the public wharf at Queenscliffe, Victoria;(i) the public wharf at Victoria Dock, Melbourne, Victoria.
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 14 April 1999
These rules are administered in the Department of Primary Industries, Water and Environment.
EXPLANATORY NOTE
(This note is not part of the rule)
These rules make further provision relating to –(a) restrictions on rock lobster; and(b) recreational fishery; and(c) commercial fishery; and(d) reporting procedures.