Fisheries (Giant Crab) Rules 1999

Fisheries (Giant Crab) Rules 1999

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

D. E. LLEWELLYN

Minister for Primary Industries, Water and Environment

PART 1 - Preliminary

1.   Short title

These rules may be cited as the Fisheries (Giant Crab) Rules 1999 .

2.   Commencement

These rules take effect on 30 September 1999.

3.   Interpretation

(1)  In these rules –

Act means the Living Marine Resources Management Act 1995 ;

average annual catch history means the catch history multiplied by 12 and divided by 27;

carapace means the shell that covers the dorsal surface of the cephalothorax of giant crab;

catch history means the total catch of giant crab for the qualifying period as determined in accordance with rule 17 ;

closed season means a season or period during which the giant crab fishery is closed for fishing;

delivery report means the report referred to in rule 38 ;

D'Entrecasteaux Channel means those waters within the area bounded –

(a) on the south by an imaginary straight line from Point Scott (situated at the entrance of Port Esperance) to the northern point of Partridge Island and the line of longitude 147^o 5' 54" between the southernmost point of Partridge Island and Labillardiere Peninsula on Bruny Island; and

(b) on the north by an imaginary straight line from Dennes Point on Bruny Island to Piersons Point situated on the western shore of the River Derwent;

distinguishing mark means a mark allotted under the Fisheries Rules 1996 ;

export means transportation beyond the limits of State waters;

fishing gear means apparatus;

fishing trip means a trip undertaken for fishing commencing from departure from port and ending on the return to port;

fish processing licence means a fish processing licence that is endorsed under rule 14 ;

giant crab means crab of the species Pseudocarcinus gigas;

giant crab catch record means a record relating to giant crab catch that is part of the records required to be kept under the Act;

giant crab longline means a line to which more than 2 traps are attached;

giant crab quota docket means a docket relating to giant crab quota that is part of the records required to be kept under the Act;

giant crab quota unit means a unit that is an entitlement to take part of the total allowable catch;

giant crab quota unit balance means the portion of the total weight of giant crab quota units specified in a fishing licence that remain uncaught;

giant crab transfer docket (leaving premises) means a docket relating to giant crab that is part of the records required to be kept under the Act;

giant crab transfer docket (receipt) means a docket relating to giant crab that is part of the records required to be kept under the Act;

giant crab trap means any basket, trap, cage or other contrivance that is designed for use, or is capable of being used, for or in connection with the taking of giant crab;

Grade 1 penalty means the penalty specified in regulation 5 of the Penalty Regulations;

Grade 2 penalty means the penalty specified in regulation 6 of the Penalty Regulations;

Grade 3 penalty means the penalty specified in regulation 7 of the Penalty Regulations;

leaving port report means the report referred to in rule 33 ;

marine nature reserve means a marine nature reserve referred to in the Fisheries Rules 1996 ;

marker buoy means a buoy referred to in the Fisheries (Rock Lobster) Rules 1997 ;

movement report means the report referred to in rule 35 ;

open season means a season or period during which the giant crab fishery is open for fishing;

Penalty Regulations means the Fisheries (Penalty) Regulations 1996 ;

port of landing means a port specified in Schedule 1 ;

processing premises means a place, vessel or vehicle in respect of which a fish processing licence is in force;

qualifying period means the period 1 January 1993 to 31 March 1995 inclusive;

receipt report means the report referred to in rule 37 ;

reporting service means the service approved by the Secretary under rule 32 ;

River Derwent means the waters upstream of an imaginary line from Dennes Point to Cape Direction (otherwise known as the most southern point of South Arm);

rock lobster means rock lobster of the genus Jasus;

rock lobster pot means any basket, trap, cage or other contrivance or any of its components (other than a rock lobster ring) that is designed for use, or is capable of being used, for or in connection with the taking of rock lobster;

sale includes disposal for commercial purposes;

set means to place or attempt to place in State waters;

skipper means a person who is not a lessee who is operating the licence on behalf of the licence holder;

trap means –

(a) a giant crab trap; or

(b) a rock lobster pot;

unloading means the act of taking, causing or permitting fish to be taken from a fishing vessel, State waters or inland waters onto land;

unloading report means the report referred to in rule 34 ;

vessel monitoring system means a system that monitors the position of, and activities on, a vessel.

(2)  Any expression in these rules that is not defined in subrule (1) but is defined in the Act has the meaning as so defined.

4.   Application of rules

These rules apply to the fishery for giant crab in State waters.

5.   Duration of rules

These rules continue in force for a period of 3 years.

6.   Consultation arrangements

The Minister must consult with the advisory committee established in relation to the giant crab fishery in respect of any changes relating to –

(a) any area where fishing may occur; and

(b) any matter relating to the characteristic of fish; and

(c) any opening and closing of the fishery; and

(d) fishing gear; and

(e) limits on taking and possessing fish.

7.   Classes of fishing licences

For the purposes of these rules, a fishing licence is one of the following classes:

(a) class vessel, fishing licence (vessel);

(b) class personal, fishing licence (personal);

(c) class giant crab, fishing licence (giant crab);

(d) class rock lobster, fishing licence (rock lobster);

(e) class recreational, fishing licence (recreational rock lobster pot).

PART 2 - General Matters

Division 1 - Restrictions on giant crab

8.   Closed and open season for giant crab

The Minister, by public notice, may determine –

(a) the dates of the closed season for all or part of the giant crab fishery; and

(b) the dates of the open season for all or part of the giant crab fishery.

9.   Taking and possessing giant crab during closed season

(1)  A person must not take giant crab from State waters during the closed season.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(2)  A person must not have possession of giant crab during the closed season.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(3)  It is a defence to any proceedings under subrule (2) for a person to prove that giant crab were taken, bought, sold, in possession of that person or imported into the State during the open season.

10.   Restrictions on giant crab

A person must not –

(a) take, buy or sell, or have possession of, a female giant crab having eggs or spawn attached; or

(b) remove any eggs or spawn from a female giant crab; or

(c) have possession of a female giant crab from which eggs or spawn have been removed; or

(d) dismember a giant crab in State waters; or

(e) have possession of a dismembered giant crab in State waters.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

11.   Closed waters

(1)  A person must not take giant crab from, or have possession of giant crab taken from, a marine nature reserve.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(2)  Subrule (1) does not apply to giant crab taken from State waters within the Maria Island National Park that lie to the east of a line between Cape Boullanger and Cape Bougainville.

12.   Taking and possessing giant crab

(1)  A person must not take or have possession of giant crab in State waters unless the person holds –

(a) a fishing licence (giant crab); or

(b) a fishing licence (rock lobster); or

(c) a fishing licence (recreational rock lobster pot).

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(2)  The holder of a fishing licence (rock lobster) who does not hold a fishing licence (giant crab) must not –

(a) have possession of more than 5 giant crabs in State waters; or

(b) take more than 100 kilograms of giant crabs during the period of the licence.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(3)  The holder of a fishing licence (recreational rock lobster pot) acting under the authority of that licence must not –

(a) take more than one giant crab each day; or

(b) have possession of more than 1 giant crab in State waters.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

13.   Taking giant crab of certain size

(1)  A person must not take, buy, sell or have possession of giant crab less than 150 millimetres in carapace length or greater than 215 millimetres in carapace length.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(2)  The carapace length of a giant crab is the minimum distance measured in a straight line in any plane from the anterior surface of the point of the carapace midway between the eyes to the rear of the carapace, excluding the ligament or any part of the belly flap.

Division 2 - Endorsements

14.   Endorsement of fish processing licence

(1)  The holder of a fish processing licence must not have possession of giant crab for commercial purposes at a place specified in the licence unless the licence is endorsed for giant crab and rock lobster.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(2)  The holder of a fish processing licence must not cause or permit giant crab 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.

PART 3 - Criteria and Qualifications for Licences

15.   Eligibility for fishing licence (giant crab)

(1)  A person is eligible for a fishing licence (giant crab) if –

(a) the person holds a fishing licence (rock lobster) on and from 1 December 1998; and

(b) the person –

(i) held a Commonwealth fishing permit as at 31 December 1996 that provided for the taking of giant crabs; or

(ii) purchased a fishing licence (rock lobster) between 1 January 1997 and 30 January 1998 from a person who held such a permit.

(2)  A person who wishes to make an application for a fishing licence (giant crab) for the first time is to lodge the application on or before 30 November 1999.

16.   Catch history claims

A person who holds a fishing licence (rock lobster) on and from 1 December 1998 may claim a catch history to be eligible for a fishing licence (giant crab) if the person –

(a) held a Commonwealth fishing permit that provided for the taking of giant crabs during the qualifying period, and the giant crabs were taken using the fishing vessel specified in that permit; or

(b) became the holder of a fishing licence (rock lobster) and a Commonwealth fishing permit that provided for the taking of giant crab if the Secretary is satisfied that –

(i) the transfer of the licence to the current licence holder did not change the effective or beneficial ownership of the licence; or

(ii) the transfer of the licence to the current licence holder was through a purchase agreement where the lessee or skipper during the qualifying period is the current licence holder and that person demonstrates that the catch returns were signed by the person for the period that catch history is being claimed for; or

(iii) the transfer of the licence to the current licence holder was from one member of a family to another member, where the lessee or skipper during the qualifying period is the current licence holder and that person demonstrates that the catch returns were signed by the person for the period that catch history is being claimed for; or

(iv) the licence holder had a lease agreement with another licence holder stating that catch history would accrue to the lessee and that person demonstrates that the catch returns were signed by the person for the period that catch history is being claimed for; or

(v) the licence holder purchased the licence and the fishing permit during the period of 1 January 1993 to 31 December 1996.

17.   Giant crab catch history

(1)  The giant crab catch history for the qualifying period for a person is to be determined by the Secretary according to the total catch of giant crab as recorded on catch returns submitted by the person or person's agent to the Secretary before 1 March 1996.

(2)  The giant crab catch history for a person who satisfies the Secretary that it was not a requirement of his or her Commonwealth fishing permit allowing the taking of giant crab during the qualifying period to lodge catch returns with the Secretary is to be determined by the Secretary according to the following documents lodged with the Secretary:

(a) copies of original sales receipts or dockets showing the weight of giant crab sold for the qualifying period;

(b) copies of deposit slips or statements from financial institutions in relation to sales receipts or dockets submitted.

(3)  A person may only claim a catch history under subrule (1) or under subrule (2) .

(4)  The determination under subrule (1) or (2) is a prescribed decision for the purpose of section 280 of the Act.

(5)  A determination under section 282 of the Act relating to giant crab catch history is a prescribed determination for the purpose of section 283 of the Act.

18.   Quota allocation

(1)  A person who is granted a fishing licence (giant crab) is to be allocated giant crab quota units in accordance with Schedule 2 .

(2)  The Minister is not to issue any quota units to a person who is not eligible for a fishing licence (giant crab) under rule 15 .

19.   Accrual of catches

Subject to rule 16 , any catch of giant crab used for a catch history accrues to the person who was the licence holder in respect of the fishing vessel authorised to catch the giant crab at the time it was taken.

PART 4 - Quotas and Licences

Division 1 - Licences

20.   Grant and renewal of fishing licence (giant crab)

(1)  The Minister, subject to section 78 of the Act, is to grant a fishing licence (giant crab) to a person applying for that licence if the person –

(a) is eligible for the licence under rule 15 ; or

(b) held such a licence as at the previous 28 February and has not transferred the licence to another person.

(2)  The holder of a fishing licence (giant crab) may apply to the Minister for the renewal of the licence.

(3)  The Minister, on payment of the prescribed fee and the fee referred to in section 274(1) of the Act, is to renew a fishing licence (giant crab) if satisfied that the holder of the licence has not been convicted of any offence under a corresponding law which the Minister considers relevant to the holding of a licence.

(4)  If the Minister is not satisfied as required under subrule (3) , the Minister may –

(a) renew the licence subject to any condition the Minister considers appropriate; or

(b) refuse to renew the licence.

21.   Authority of fishing licence (giant crab)

A fishing licence (giant crab) only authorises the holder to –

(a) take the weight of giant crab equivalent to the number of giant crab quota units specified in the licence; and

(b) take giant crab for sale; and

(c) use the number of traps specified in the licence; and

(d) use the fishing vessel specified in the fishing certificate.

22.   Transfer of fishing licence (giant crab)

The Minister is not to transfer a fishing licence (giant crab) from one person to another person unless –

(a) the licence is transferred with the associated fishing licence (rock lobster); or

(b) the licence is transferred to another person who holds a fishing licence (rock lobster).

23.   Restrictions on fishing licence (giant crab)

(1)  The holder of a fishing licence (giant crab) must not, in State waters, use, carry or have possession of, or cause any other person to use, carry or have possession of, traps exceeding the number specified in the licence.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(2)  The holder of a fishing licence (giant crab) must not take more than 70 kilograms more than the weight of giant crab specified by the total number of giant crab quota units specified in the licence.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(3)  The holder of a fishing licence (giant crab) must not use a fishing vessel that is not specified in the fishing certificate to take giant crab.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

24.   Specification of entitlements

Any entitlement to giant crab quota units is to be specified in a fishing licence (giant crab).

Division 2 - Giant crab quota units

25.   Value of giant crab quota unit

The part of the total allowable catch that a giant crab quota unit is equal to is –

(a) 100 kilograms for the period 1 March 1999 to 29 February 2000; and

(b) the total allowable catch for the year commencing 1 March 2000 divided by the total number of giant crab quota units issued by the Minister before 15 January 2000

(c) the total allowable catch for subsequent years divided by the total number of giant crab quota units issued by the Minister before 31 December 2000.

26.   Quota unit balance

(1)  The holder of a fishing licence (giant crab) must not take or have possession of giant crab on a fishing vessel if the giant crab quota unit balance in relation to that licence is zero kilograms or less.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(2)  The holder of a fishing licence (giant crab) must not, in State waters, have possession of more giant crab than the quota unit balance.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(3)  The holder of a fishing licence (giant crab) must not be in possession of giant crab at a place which is not a fishing vessel if the quota unit balance in relation to that licence is zero kilograms or less without –

(a) a copy of the original of the relevant giant crab transfer docket; or

(b) a copy of the original of the relevant giant crab docket.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(4)  The holder of a fishing licence (giant crab) must keep records on the vessel showing the giant crab quota unit balance for the licence after each unloading and before the commencement of a fishing trip.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

27.   Deduction for excess

The Minister is to ensure that any quantity of giant crab taken under a fishing licence (giant crab) in excess of the quantity specified in the licence is deducted from the giant crab quota unit balance for the following year as follows:

(a) for a quantity of 50 kilograms or less, a deduction equivalent to the amount of the quantity taken;

(b) for a quantity greater than 50 kilograms and not more than 70 kilograms, a deduction of 50 kilograms plus 2 kilograms for each kilogram taken over 50 kilograms;

(c) for a quantity greater than 70 kilograms, a deduction of 90 kilograms.

28.   Transfer of giant crab quota units

(1)  The Minister is not to transfer a giant crab quota unit from one person to a person who is not the holder of a fishing licence (giant crab).

(2)  If only one giant crab quota unit is specified in a fishing licence (giant crab), the Minister is not to transfer it unless –

(a) it is transferred with the fishing licence (giant crab) under rule 22 ; or

(b) the licence is surrendered to the Minister and the quota unit is transferred to another fishing licence (giant crab).

(3)  Subrule (2) does not apply to the transfer of a giant crab quota unit on a temporary basis.

(4)  The Minister is not to transfer a giant crab 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 giant crab for that quota unit has not already been caught; and

(c) the giant crab quota unit has been partially caught.

(5)  Subrule (4)(b) does not apply to the permanent transfer of a giant crab quota unit from one licence holder to another.

29.   Maintenance of rock lobster quota units

The holder of a fishing licence (giant crab) must hold a fishing licence (rock lobster) with at least 15 rock lobster quota units specified in the fishing licence (rock lobster) unless the licence holder has –

(a) 100 or more giant crab quota units specified in the fishing licence (giant crab); and

(b) at least 5 rock lobster quota units specified in the fishing licence (rock lobster).

30.   Maximum quota units and licences

(1)  The holder of a fishing licence (giant crab) must not receive any payment or a benefit because of having an interest in more than –

(a) 150 giant crab quota units; or

(b) 7 separate fishing licences (giant crab).

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(2)  The Minister is not to specify more than 5 fishing licences (giant crab) on one fishing certificate.

31.   Period of total allowable catch

(1)  The period during which the total allowable catch may be taken is the period starting 1 March in any year and ending on the last day of February in the following year.

(2)  The Minister, after 1 January 2000, is to allocate the total allowable catch to the holders of fishing licences (giant crab) according to the number of giant crab quota units held and owned by those holders in respect of those licences as at the last day of February in that year.

PART 5 - Reporting

Division 1 - Notification

32.   Reporting service

The Secretary may approve a service as a service that may receive reports under this Part.

33.   Leaving port report

(1)  The holder of a fishing licence (giant crab) must make a leaving port report to the reporting service at least 2 hours before leaving a port of landing with giant crab on board a fishing vessel.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(2)  The holder of a fishing licence (giant crab) must not leave a port of landing with giant crab on board a fishing vessel unless a leaving port report has been made under this rule.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(3)  On receipt of the leaving port report from the holder of a fishing licence (giant crab), the reporting service is to issue to the holder a report receipt number.

(4)  Subrules (1) and (2) do not apply to the holder of a fishing licence (giant crab) who has entered a port of landing but has not unloaded giant crab since the previous unloading.

(5)  The holder of a fishing licence (giant crab) who has an authority from another State to take giant crab 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 giant crab in State waters.

34.   Unloading report

(1)  The holder of a fishing licence (giant crab) must make an unloading report to the reporting service at least 2 hours before unloading any giant crab.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(2)  The holder of a fishing licence (giant crab) must not unload any giant crab unless an unloading report has been made.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(3)  On receipt of the unloading report from the holder of a fishing licence (giant crab), the reporting service is to issue to the holder a report receipt number.

(4)  Subrule (1) does not apply to the holder of a fishing licence (giant crab) who unloads giant crab in any of the following circumstances:

(a) the possibility of giant crab dying because of significant changes in the water quality due to unforeseen circumstances necessitates immediate unloading;

(b) the safety of the fishing vessel requires the giant crab to be unloaded immediately.

(5)  The holder of a fishing licence (giant crab) referred to in subrule (4)(a) or (b) must make an unloading report as soon as possible and no later than 30 minutes after the unloading.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

35.   Movement report

(1)  The holder of a fish processing licence or a fishing licence (giant crab) selling giant crab as authorised under rule 56 , unless otherwise authorised by the Secretary, must make a movement report to the reporting service in respect of the movement or transport of any giant crab before –

(a) it leaves the site from which the giant crab were unloaded; and

(b) any giant crab are moved into premises.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(2)  The holder of a licence required to make a movement report must not move or transport any giant crab from the site at which the giant crab were unloaded or move any giant crab into premises unless the report has been made.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(3)  The holder of a licence required to make a movement report must weigh any giant crab at the site of unloading before transporting the giant crab unless otherwise authorised by the Secretary.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(4)  On receipt of the movement report from the licence holder, the reporting service is to issue to the holder a report receipt number.

36.   Alternative arrangements

(1)  Rule 34(1) and (2) , rule 35(1) , (2) and (3) , rule 37(1) and rule 38(1) and (2) do not apply if –

(a) the relevant licence is endorsed for alternative arrangements relating to reporting requirements; and

(b) the holder of the licence complies with any conditions of the endorsement.

(2)  The Secretary may endorse a licence for alternative arrangements relating to reporting requirements, subject to any specified conditions, only if satisfied that the arrangements provide the same level of integrity as the reporting requirements.

37.   Receipt report

(1)  The holder of a fish processing licence must make a receipt report to the reporting service within 15 minutes after receiving any giant crab.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(2)  The holder of a fish processing licence must not receive or place into storage or take into premises any giant crab unless a receipt report is made.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(3)  On receipt of a receipt report from the holder of a fish processing licence, the reporting service is to issue to the holder a report receipt number.

(4)  The holder of a fish processing licence must not place any giant crab into tanks or other storage where they are not identifiable as the giant crab to which the receipt report relates for 10 minutes after the movement report is made.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

38.   Delivery report

(1)  The holder of a fish processing licence must make a delivery report to the reporting service 2 hours before accepting delivery of giant crab from a person who is not the holder of a fishing licence (giant crab).

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(2)  The Secretary may extend the time referred to in subrule (1) .

(3)  The holder of a fish processing licence must not accept the delivery of any giant crab from a person referred to in subrule (1) unless a delivery report has been made under this rule.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(4)  On receipt of a delivery report from the holder of a fish processing licence, the reporting service is to issue to the holder a report receipt number.

39.   Making reports

A person must not make a report to the reporting service more than 24 hours before the activity to which the report relates is to take place except with the written approval of the Secretary.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

40.   Cancellation report

A person who makes a report to the reporting service and does not undertake the activity to which the report relates must make a report to the reporting service within 2 hours after the activity should have occurred.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

41.   Provision of receipt number

A person to whom a report receipt number is issued by the reporting service must provide that number when required to do so by a fisheries officer.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

42.   False, misleading and incomplete information

A person must not –

(a) omit any relevant information from a report required under this Division; or

(b) give any false or misleading information in a report required under this Division.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

Division 2 - Dockets

43.   Giant crab quota docket – Part A

The holder of a fishing licence (giant crab) must complete Part A of the original copy of a giant crab quota docket before any giant crab leaves the site of unloading.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

44.   Giant crab quota docket – Part B

The holder of a fish processing licence must complete Part B of the original copy of a giant crab quota docket before any giant crab leaves the site of unloading and enters any processing premises.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

45.   Completed giant crab quota docket

(1)  The holder of a fishing licence (giant crab) must –

(a) ensure that the original copy of the completed giant crab quota docket is sent to the Secretary within 48 hours after the giant crab is unloaded; and

(b) keep the triplicate copy of the completed docket in good condition for at least 5 years.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(2)  The driver of the vehicle transporting the giant crab must ensure that the duplicate copy of the completed giant crab quota docket is carried with the consignment of the giant crab.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(3)  The person receiving the giant crab must keep the duplicate copy of the completed giant crab quota docket in good condition at the processing premises for at least 5 years.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(4)  It is a defence to any proceedings under subrule (1) for a person to prove that the original copy of the completed giant crab quota docket was posted to the Secretary within 7 days after the giant crab were unloaded.

46.   Giant crab transfer docket (receipt)

(1)  The holder of a fish processing licence must complete the original copy of a giant crab transfer docket within 30 minutes after the giant crab is received and weighed.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(2)  The holder of a fish processing licence must ensure that the original copy of a completed giant crab transfer docket (receipt) is received by the Secretary within 48 hours of the giant crab being received.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(3)  The holder of a fish processing licence must keep the triplicate copy of the giant crab transfer docket (receipt) in good condition at the processing premises for at least 5 years.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

47.   Giant crab transfer docket (leaving premises)

(1)  The holder of a fish processing licence must complete the original copy of a giant crab transfer docket (leaving premises) before any giant crab leaves the processing premises.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(2)  Subrule (1) does not apply to the holder of a fish processing licence in respect of any giant crab sold from the processing premises by retail to the public.

(3)  The holder of a fish processing licence must –

(a) deliver the original copy of the completed giant crab transfer docket (leaving premises) to the Secretary by facsimile or electronic data transmission before any giant crab leaves the processing premises; and

(b) ensure that the original copy of the completed docket 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 giant crab to the person receiving the giant crab.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(4)  It is a defence to any proceedings under subrule (3)(b) for a person to prove that the original copy of the completed giant crab 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.

(5)  A person who drives the vehicle that transports giant crab from the processing premises or storage location specified in the fish processing licence must ensure that the duplicate copy of the giant crab transfer docket (leaving premises) accompanies the giant crab.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(6)  The person receiving the duplicate copy of the giant crab transfer docket (leaving premises) must keep it for at least 5 years.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(7)  The holder of a fish processing licence must keep the triplicate copy of the giant crab transfer docket (leaving premises) at the processing premises for at least 5 years.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(8)  The holder of a fishing licence (giant crab) must complete the original copy of the giant crab transfer docket (leaving premises) before any giant crab are dispatched from the State.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

Division 3 - Records

48.   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 giant crab by or on behalf of the holder –

(i) the date of receipt or purchase; and

(ii) the weight of live giant crab received or purchased; and

(iii) the number of live giant crab received or purchased; and

(iv) the actual weight and the number of containers or packages of giant crab received or purchased in any other form; and

(v) the price paid or consideration given for the giant crab; and

(vi) the name and address of the person from whom the giant crab were received or purchased;

(b) in relation to each giant crab processing operation carried out by or on behalf of the holder –

(i) the date of processing; and

(ii) the live weight input of giant crab; and

(iii) the actual weight input of any other form of giant crab 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 giant crab made by or on behalf of the holder –

(i) the date of the sale or consignment; and

(ii) the weight of live giant crab sold or consigned; and

(iii) the number of giant crab sold or consigned; and

(iv) the weight, number and any other form of giant crab sold or consigned; and

(v) the price or consideration received for the giant crab; and

(vi) the name and address of the purchaser or consignee;

(d) the daily stock by number and weight of giant crab held by or on behalf of the holder in Tasmania or elsewhere.

(2)  The holder of a fishing licence (giant crab) 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 giant crab made by or on behalf of the holder;

(b) the number of giant crab sold or consigned;

(c) the exact weight of giant crab sold or consigned;

(d) the form of giant crab sold or consigned;

(e) the price or consideration received for giant crab;

(f) the name and address of the purchaser or consignee of giant crab.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

49.   Record of giant crab catch

(1)  The holder of a fishing licence (giant crab) must complete the giant crab catch record on each day during which fishing occurs.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(2)  The holder of a fishing licence (giant crab) must keep giant crab catch records on the fishing vessel during any fishing trip for giant crabs.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(3)  The holder of a fishing licence (giant crab) must complete the catch record before –

(a) entering port at the end of a fishing trip; or

(b) leaving State waters with giant crab on the fishing vessel.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

PART 6 - Miscellaneous

Division 1 - General provisions

50.   Use of traps

(1)  The holder of a fishing licence (giant crab) must not set or use –

(a) in State waters less than 120 metres in depth, more traps than the number of rock lobster pots specified in the fishing licence (rock lobster) held by the person; or

(b) in State waters 120 metres or more in depth, more traps than the greater of either –

(i) one trap for each giant crab quota unit specified in the fishing licence (giant crab) held by the person; or

(ii) the number of rock lobster pots specified in the fishing licence (rock lobster) held by the person; or

(c) more than 50 traps.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(2)  A person must not set or use in State waters a rock lobster pot or a giant crab trap that does not comply with the configuration of a rock lobster pot under the Fisheries (Rock Lobster) Rules 1997 .

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(3)  The holder of a fishing licence (giant crab) must not set or use a trap for more than 48 hours in State waters less than 120 metres in depth.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(4)  A person must not pull or retrieve a trap set from a fishing vessel by the holder of a fishing licence (giant crab) using another fishing vessel without the written authorisation of the Secretary.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(5)  The Secretary is only to issue an authorisation for the purpose of subrule (4) in exceptional circumstances.

51.   Marker buoys on traps and longlines

(1)  A person must not set or use a trap in State waters unless a marker buoy is attached on a line long enough for each buoy to float on the surface of the water.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(2)  A person must not set a giant crab trap unless a marker buoy is marked in accordance with the Fisheries (Rock Lobster) Rules 1997 .

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(3)  A person must not use a trap on a giant crab longline unless –

(a) any marker buoy used in connection with the giant crab longline is marked clearly and legibly with the number of traps attached to the giant crab longline; and

(b) the markings on the marker buoy are maintained in good condition; and

(c) there is a buoy on each end of the giant crab longline at least 300 millimetres in diameter.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(4)  The holder of a fishing licence (giant crab) 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 2 penalty.

52.   Use of giant crab longline

(1)  A person must not set a giant crab longline in State waters unless –

(a) the water is 120 metres or more in depth; and

(b) more than 5 giant crab quota units are specified in the fishing licence (giant crab).

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(2)  A person must not set a giant crab longline that has more than 25 traps on it.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

53.   Unloading at port of landing

The holder of a fishing licence (giant crab) must not unload giant crab at any place other than a port of landing.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

54.   Exporting giant crab

(1)  The holder of a fishing licence (giant crab) must not export giant crab or cause or permit to be exported giant crab on or in a fishing vessel 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 62 ; and

(b) take the giant crab to one of the ports of Currie, Grassy, Stanley or Lady Barron for inspection; 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 giant crabs and sealed the fish holding tank or well; and

(e) ensure that all the giant crab on or in the fishing vessel are sealed in the fish 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 giant crab to be unloaded on Part A of the original copy of the giant crab quota docket.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(3)  The holder of a fishing licence (giant crab) who has exported giant crab 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 fish holding tank or well.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(4)  The holder of a fishing licence (giant crab) must not unload giant crabs at any port of landing unless –

(a) a fisheries officer has removed the seals from the fish 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 fishing licence (giant crab) 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.

55.   Transfer of giant crab from one vessel to another vessel

The holder of a fishing licence (giant crab) must not transfer or cause or permit to be transferred any giant crab from –

(a) one fishing vessel to another fishing vessel; or

(b) one fishing vessel to another vessel unless authorised by the Secretary.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

56.   Sale of giant crab

(1)  The holder of a fishing licence (giant crab) must not sell giant crab to a person who is not the holder of a fish processing licence –

(a) unless authorised to do so under the licence; or

(b) except with the written approval of the Secretary given in exceptional circumstances and subject to any specified conditions.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(2)  The holder of a fishing licence (giant crab) that is authorised under subrule (1) by an endorsement on the licence must –

(a) unload the giant crab in Tasmania; and

(b) make a movement report in accordance with rule 35 before moving any giant crab from the site of unloading; and

(c) not move any giant crab from the site of unloading unless Part B of the giant crab quota docket has been completed in respect of those giant crab and signed by a person not present when the giant crab 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) complete a giant crab transfer docket (leaving premises) before dispatching any giant crab out of the State; and

(e) ensure that the duplicate copy of the giant crab transfer docket (leaving premises) travels with the consignment of giant crab; and

(f) comply with any instructions or directions of a fisheries officer relating to the inspection of any giant crab sold; and

(g) keep records in respect of sale of giant crab relating to the following:

(i) the time and date of each sale;

(ii) the number, form and weight of giant crab sold;

(iii) the number and weight of giant crab dispatched from the State;

(iv) the price or benefit gained from the sale;

(v) the number, form and weight of giant crab held or stored for sale;

(vi) the place at which giant crab for sale is held;

(vii) the name and address of the purchaser of the giant crab.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

57.   Deduction of giant crab from quota at end of open season

The holder of a fishing licence (giant crab) who intends holding giant crab on the fishing vessel during a closed season must –

(a) weigh giant crab that are to remain on the fishing vessel during the closed season within 48 hours after the start of the closed season; and

(b) complete Part A of the giant crab quota docket and enter on the docket that the giant crab have not been unloaded and are still on the vessel; and

(c) forward a copy of the giant crab quota docket to the Secretary within 48 hours; and

(d) retain the original copy until the giant crab are unloaded and Part B is completed according to the method of sale undertaken in accordance with rule 56 ; and

(e) unload the giant crab in accordance with rules 34 and 53 before the commencement of the first fishing trip of the next open season.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

58.   Measurement

The holder of a fishing licence (giant crab), 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.

59.   Conflict of interest

(1)  The holder of a fish processing licence who also holds a fishing licence (rock lobster) must not complete Part B of a giant crab quota docket in respect of any giant crab landed by –

(a) the person as the holder of the fishing licence (giant crab); or

(b) a person who is a director, shareholder, partner, employer or employee of the holder of the fishing licence (giant crab).

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(2)  The holder of a fish processing licence must not complete Part B of an original giant crab quota docket in respect of any giant crab processed, received or transported as an employee or contractor of the holder of the fishing licence (giant crab) who landed the giant crab.

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 giant crab quota docket is completed by–

(a) a person not specified in those subrules; or

(b) a person.

60.   Restrictions on fishing in 2 jurisdictions

The holder of a fishing licence (giant crab) who has an authority from another State to take giant crab from that State using the fishing vessel specified in the fishing licence (vessel) must not –

(a) use that fishing vessel to take giant crab from State waters if it has been used to take giant crab from outside State waters since last leaving port; or

(b) be in possession of giant crab taken from outside State waters while undertaking a fishing trip for giant crab in State waters; or

(c) use or set any trap from the fishing vessel in State waters if the fishing vessel has been used to set traps in waters outside State waters since last leaving port.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

61.   Transporting giant crab for sale

(1)  The holder of a fishing licence (giant crab) must not transport giant crab 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 giant crab from the site of unloading unless the giant crab are weighed at the point of unloading; or

(b) move any giant crab from the site of unloading unless Part A of the giant crab quota docket has been completed in respect of those giant crab; or

(c) move any giant crab from the site of unloading unless Part B of the giant crab quota docket has been completed in respect of those giant crab by a person not present when the giant crab 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 giant crab are transported from the unloading location specified in the licence, must –

(a) make a movement report before any giant crab are transported from the site of unloading; or

(b) ensure that all the giant crab 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 giant crab 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 giant crab under subrule (3)(b) must –

(a) comply with any instructions or directions by a fisheries officer in respect to the inspection of the giant crab; and

(b) make any premises approved by the Secretary for the holding or storage of giant crab 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.

Division 2 - Vessel monitoring system

62.   Fitting of vessel monitoring system

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

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

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(3)  The holder of a fishing licence (giant crab) must ensure that a vessel monitoring system fitted on a 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.

(4)  The holder of a fishing licence (giant crab) must comply with the provisions relating to vessel monitoring systems under the Fisheries Rules 1996 .

SCHEDULE 1 - Ports of Landing

Rule 3(1)

1.   The following are ports of landing:

(a) north west region –

(i) Bluff Hill Point;

(ii) within 200 metres of Couta Rocks;

(iii) the public wharf at Currie Harbour;

(iv) Devonport;

(v) within Granville Harbour and Sting Ray Bay;

(vi) within Grassy Harbour;

(vii) the public unloading wharf at Smithton;

(viii) Fisherman's Wharf at Stanley;

(ix) the main public wharf, Fisherman's Wharf and Strahan Fisheries Wharf at Strahan;

(x) within 200 metres of Temma Harbour;

(xi) Fisherman's Wharf at Wynyard;

(b) north east region –

(i) Waubs Bay ramp at the public wharf at Bicheno;

(ii) the public wharf at Beauty Point;

(iii) the boat ramp at Binalong Bay;

(iv) the public wharf at Bridport;

(v) the public wharf at George Town;

(vi) Killiecrankie;

(vii) the public wharf at Lady Barron;

(viii) North East River;

(ix) the public wharf, Pike's Jetty and Finger Pier at St Helens;

(x) the public wharf at Whitemark;

(xi) Palana;

(c) southern region –

(i) the public wharf at Coles Bay;

(ii) the public wharf at Dover;

(iii) Blackman Bay Wharf at Dunalley;

(iv) the public wharf at Eaglehawk Neck;

(v) Gordon Jetty;

(vi) Kings Pier, Macquarie Wharf and Victoria Dock at Hobart;

(vii) the public wharf at Kettering;

(viii) North West Bay Marina and the public unloading wharf at Margate;

(ix) the public wharf at Storm Bay Seafoods wharf at Nubeena;

(x) the public wharf at Port Arthur;

(xi) Recherche Bay;

(xii) the public wharf at Southport;

(xiii) the town wharf and deepwater wharf at Triabunna;

(xiv) the public wharf at Woodbridge;

(xv) the public jetty at Little Swanport;

(d) the public unloading wharf at Portland, Victoria;

(e) the public unloading wharf at San Remo, Victoria;

(f) the public unloading wharf at Apollo Bay, Victoria;

(g) the public unloading wharf at Port Welshpool, Victoria;

(h) the public unloading wharf at Queenscliffe, Victoria;

(i) the public unloading wharf at Victoria Dock, Victoria.

SCHEDULE 2 - Giant Crab Quota Units

Rule 18

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

Notified in the Gazette on 12 May 1999

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

EXPLANATORY NOTE

(This note is not part of the rule)

(a) the management of the giant crab fishery in Tasmania; and

(b) licences for that fishery; and

(c) reporting requirements; and

(d) vessel monitoring systems.