Fisheries (Abalone) Amendment Rules (No. 2) 1999

Fisheries (Abalone) Amendment Rules (No. 2) 1999

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

D. E. LLEWELLYN

Minister for Primary Industries, Water and Environment

1.   Short title

These rules may be cited as the Fisheries (Abalone) Amendment Rules (No. 2) 1999 .

2.   Commencement

These rules take effect on 1 January 2000.

3.   Principal Rules

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

4.    Rule 3 amended (Interpretation)

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

(a) by inserting the following definition after the definition of abalone meat :

abalone quota certificate means a certificate issued under rule 14A ;

(b) by inserting the following definitions after the definition of abalone transfer docket :

abalone transfer docket (leaving premises) means a docket referred to in rule 30(1) ;

abalone transfer docket (receipt) means a docket referred to in rule 29(1)

(c) by inserting the following definition after the definition of diver's docket :

eastern blacklip abalone part of the fishery is the part of the commercial abalone fishery involving only blacklip abalone in State waters east of the line of longitude 146°28'55" East at Northdown Beach on the north coast of the mainland of Tasmania and east of the line of longitude 146°52'11" East at Whale Head on the south coast of the mainland of Tasmania;

(d) by omitting the definition of Furneaux Group and substituting the following definition:

Franklin Sound means the State waters beginning at Holts Point at 148°2'38" East and 40°15'5" South, then east along the coast of Flinders Island to Pot Boil Point at 148°19'59" East and 40°12'45" South, then south directly to Puncheon Point on Cape Barren Island at 148°19'40" East and 40°17'33" South, then west along the north coast of Cape Barren Island to Prickly Bottom Beach at 148°3'18" East and 40°21'44" South, then north to Holts Point;

(e) by inserting the following definitions after the definition of greenlip abalone :

greenlip abalone part of the fishery is the part of the commercial abalone fishery involving only greenlip abalone;

holder of a fishing licence (abalone dive) includes a supervisor of such a licence;

(f) by omitting "lobster." from the definition of rock lobster ring and substituting "lobster;";

(g) by inserting the following definition after the definition of rock lobster ring :

western blacklip abalone part of the fishery is the part of the commercial abalone fishery involving only blacklip abalone in State waters west of the line of longitude 146°28'55" East at Northdown Beach on the north coast of the mainland of Tasmania and west of the line of longitude 146°52'11" East at Whale Head on the south coast of the mainland of Tasmania.

5.    Rule 5 amended (Duration of rules)

Rule 5 of the Principal Rules is amended by omitting "31 December 1999" and substituting "31 December 2004".

6.    Rule 9A inserted

After rule 9 of the Principal Rules , the following rule is inserted in Part 2:

9A.   Closure of Franklin Sound

The waters of Franklin Sound are closed for the taking of greenlip abalone during the following periods:

(a) 1 January to 31 March 2000;

(b) 1 October in one year to 31 March the following year.

7.    Rule 13 amended (Restrictions on fishing licence (abalone dive))

Rule 13 of the Principal Rules is amended as follows:

(a) by inserting the following paragraph after paragraph (b) in subrule (1) :

(ba) must not take an amount of abalone from a part of the fishery that exceeds the total amount specified in the licence for that part at the time the abalone are taken; and

(b) by omitting subrule (3) .

8.    Rules 14 and 14A inserted

After rule 13 of the Principal Rules , the following rules are inserted in Part 2:

14.   Weight of total allowable catch

(1)  The total allowable catch of abalone in 2000 is to be taken as follows:

(a) 1400 tonnes from the western blacklip abalone part of the fishery;

(b) 1190 tonnes from the eastern blacklip abalone part of the fishery;

(c) 140 tonnes from the greenlip abalone part of the fishery.

(2)  A holder of an abalone quota unit may only authorise a holder of a fishing licence (abalone dive) to take the kilograms of abalone specified in the abalone quota certificate from the part of the fishery specified in that certificate.

14A.   Abalone quota certificate

The Secretary may issue a certificate certifying that a holder of abalone quota units may authorise a holder of a fishing licence (abalone dive) to take abalone of a weight specified in the certificate from the part of the fishery specified in the certificate in accordance with rule 14 .

9.    Rule 17 substituted

Rule 17 of the Principal Rules is rescinded and the following rule is substituted:

17.   Restrictions on fishing licence (recreational abalone)

(1)  The holder of a fishing licence (recreational abalone) must –

(a) carry a measuring device while taking abalone; and

(b) measure an abalone with the measuring device as soon as it is detached; and

(c) immediately replace undersize abalone; and

(d) bring ashore all abalone above high-water mark before detaching it from the shell.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(2)  Subrule (1)(d) does not apply to the holder of a fishing licence (recreational abalone) if –

(a) the holder only detaches the shell of one abalone per day; and

(b) the holder is on a vessel –

(i) that is registered to carry passengers under a Marine and Safety Tasmania (MAST) survey of Class I or Class II; and

(ii) that is undertaking a charter; and

(iii) the master of which has been authorised by the Secretary to have detached abalone aboard; and

(c) the shell is retained on board the vessel until it returns to port; and

(d) the detached abalone is part of the daily catch and possession limit.

10.    Rule 20 amended (Processing abalone)

Rule 20(1) of the Principal Rules is amended by omitting "have expired after all the abalone to which a completed diver's docket relates have entered the processing premises" and substituting "after the abalone transfer docket is completed under rule 29 ".

11.    Rule 24 amended (Receipt report)

Rule 24 of the Principal Rules is amended by omitting subrule (1) and substituting the following subrule:

(1)  The holder of a fish processing licence, within 15 minutes after the abalone transfer docket is completed under rule 29 , must make a receipt report to the reporting service.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

12.    Rule 27 amended (Diver's docket)

Rule 27 of the Principal Rules is amended as follows:

(a) by omitting paragraph (a) from subrule (3) ;

(b) by omitting from subrule (3)(b) "at which the abalone are to be processed";

(c) by omitting from subrule (4)(a) "original" and substituting "pink sheet";

(d) by omitting from subrule (4)(b) "first" and substituting "white";

(e) by omitting from subrule (5) "original" and substituting "pink sheet".

13.    Rule 28 amended (Taking possession of abalone)

Rule 28 of the Principal Rules is amended as follows:

(a) by omitting from subrule (1) "original" and substituting "pink sheet of the";

(b) by omitting from subrule (2) "an original" and substituting "the pink sheet of the";

(c) by omitting from subrule (2) "original" second occurring and substituting "pink sheet";

(d) by omitting from subrule (3) "second and third" and substituting "green and yellow";

(e) by omitting from subrule (4)(a) "third" and substituting "yellow";

(f) by omitting from subrule (4)(b) "second" and substituting "green";

(g) by omitting from subrule (4)(c) "third" and substituting "yellow".

14.    Rule 28A inserted

After rule 28 of the Principal Rules , the following rule is inserted in Division 2:

28A.   Conflict of interest

(1)  The holder of a fish processing licence who also holds a fishing licence (abalone dive) must not complete Part B of the pink sheet of the diver's docket in respect of any abalone landed by –

(a) the person as the holder of the fishing licence (abalone dive); or

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

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(2)  The holder of a fish processing licence must not complete Part B of the pink sheet of the diver's docket in respect of any abalone processed, received or transported as an employee or contractor of the holder of the fishing licence (abalone dive) who landed the abalone.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(3)  A licence holder referred to in subrule (1) or (2) must ensure that Part B of the diver's docket is completed by –

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

(b) an approved person.

15.    Rule 29 amended (Abalone transfer dockets (receipt))

Rule 29 of the Principal Rules is amended as follows:

(a) by omitting from subrule (1) "original copy" and substituting "pink sheet";

(b) by omitting from subrule (2) "original copy" and substituting "pink sheet";

(c) by omitting from subrule (3) "triplicate" and substituting "yellow".

16.    Rule 30 amended (Abalone transfer dockets (leaving premises))

Rule 30 of the Principal Rules is amended as follows:

(a) by omitting from subrule (1) "original copy of a" and substituting "pink sheet of an";

(b) by omitting from subrule (2)(a) "original copy" and substituting "pink sheet";

(c) by omitting from subrule (2)(b) "duplicate" and substituting "white";

(d) by omitting from subrule (3) "duplicate" and substituting "white";

(e) by omitting from subrule (4) "triplicate" and substituting "yellow".

17.    Rules 33 , 34 , 35 , 36 and 37 inserted

After rule 32 of the Principal Rules , the following rules are inserted in Part 4:

33.   Records by holders of fish processing licences

The holder of a fish processing licence must keep records relating to the following matters:

(a) in relation to each receipt or purchase of abalone by or on behalf of the holder –

(i) the date of receipt or purchase; and

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

(iii) the actual weight and the number of containers or packages of abalone received or purchased in any other form; and

(iv) the price paid or consideration given for the abalone; and

(v) the name and address of the person from whom the abalone were received or purchased;

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

(i) the date of processing; and

(ii) the live weight input of abalone; and

(iii) the actual weight input of any other form of abalone processed; and

(iv) the form of output and the 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 abalone made by or on behalf of the holder –

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

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

(iii) the weight and any other form of abalone sold or consigned; and

(iv) the price or consideration received for the abalone; and

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

(d) the daily stock by weight of abalone held by or on behalf of the holder in Tasmania or elsewhere;

(e) any location at which the abalone are held;

(f) the form and weight of each form of abalone held;

(g) any other matter specified as a condition of the licence.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

34.   Records by holders of fishing licence (abalone dive)

The holder of a fishing licence (abalone dive) must make and keep 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 abalone made by or on behalf of the holder;

(b) the exact weight of abalone sold or consigned;

(c) the form of abalone sold or consigned;

(d) the price or consideration received for abalone;

(e) the name and address of the purchaser or consignee of abalone.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

35.   Unauthorised possession of docket book

A person or an agent of a person must not have possession of any of the following unused dockets unless it was issued to the person and the person is the current holder of a fishing licence (abalone dive) or a fish processing licence:

(a) diver's docket;

(b) abalone transfer docket (receipt);

(c) abalone transfer docket (leaving premises).

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

36.   Return of unused docket book

A person who was the holder of a fishing licence (abalone dive) or a fish processing licence, within 14 days after the expiration or cancellation of the licence, must return to the Secretary the following unused dockets issued to that person:

(a) diver's dockets;

(b) abalone transfer dockets (receipt);

(c) abalone transfer dockets (leaving premises).

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

37.   Exporting abalone

The holder of a fish processing licence must not export any abalone that has not firstly been taken to a processing premises or other place specified on the licence unless –

(a) the abalone is exported by aircraft; and

(b) an abalone transfer docket is made at least 2 hours before the abalone is exported; and

(c) in respect of the abalone transfer docket (leaving premises) –

(i) the pink sheet is completed before any abalone leaves Tasmania; and

(ii) the white sheet is forwarded by facsimile to the Secretary before the abalone is transported from Tasmania; and

(iii) the yellow sheet accompanies the abalone to which it refers when the abalone is transported from Tasmania.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

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

Notified in the Gazette on 22 December 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) make provisions with respect to –

(i) taking and possessing abalone; and

(ii) closure of certain waters; and

(iii) records and reports relating to abalone fishing; and

(b) continue the rules in force for a further 5 years.