Table Of Contents

Fisheries (Infringement Notices) Regulations 2000

Tasmanian Crest
Fisheries (Infringement Notices) Regulations 2000

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Living Marine Resources Management Act 1995 .

28 August 2000

G. S. M. GREEN

Governor

By His Excellency's Command,

D. E. LLEWELLYN

Minister for Primary Industries, Water and Environment

1.   Short title

These regulations may be cited as the Fisheries (Infringement Notices) Regulations 2000 .

2.   Commencement

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

3.   Offences under Act

(1)  The offences generally described in Column 2 of Schedule 1 under the respective sections specified in Column 1 of that Schedule are prescribed as the offences under the Living Marine Resources Management Act 1995 in respect of which infringement notices may be issued.
(2)  The penalties specified in Column 3 of Schedule 1 are prescribed as the penalties payable in respect of prescribed offences to which the respective infringement notices relate.

4.   Offences under Fisheries (General and Fees) Regulations 1996

(1)  The offences generally described in Column 2 of Schedule 2 under the respective regulations specified in Column 1 of that Schedule are prescribed as the offences under the Fisheries (General and Fees) Regulations 1996 in respect of which infringement notices may be issued.
(2)  The penalties specified in Column 3 of Schedule 2 are prescribed as the penalties payable in respect of prescribed offences to which the respective infringement notices relate.

5.   Offences under Fisheries Rules 1999

(1)  The offences generally described in Column 2 of Schedule 3 under the respective rules specified in Column 1 of that Schedule are prescribed as the offences under the Fisheries Rules 1999 in respect of which infringement notices may be issued.
(2)  The penalties specified in Column 3 of Schedule 3 are prescribed as the penalties payable in respect of prescribed offences to which the respective infringement notices relate.

6.   Offences under Fisheries (Abalone) Rules 2000

(1)  The offences generally described in Column 2 of Schedule 4 under the respective rules specified in Column 1 of that Schedule are prescribed as the offences under the Fisheries (Abalone) Rules 2000 in respect of which infringement notices may be issued.
(2)  The penalties specified in Column 3 of Schedule 4 are prescribed as the penalties payable in respect of prescribed offences to which the respective infringement notices relate.

7.   Offences under Fisheries (Rock Lobster) Rules 1997

(1)  The offences generally described in Column 2 of Schedule 5 under the respective rules specified in Column 1 of that Schedule are prescribed as the offences under the Fisheries (Rock Lobster) Rules 1997 in respect of which infringement notices may be issued.
(2)  The penalties specified in Column 3 of Schedule 5 are prescribed as the penalties payable in respect of prescribed offences to which the respective infringement notices relate.

8.   Offences under Fisheries (Scalefish) Rules 1998

(1)  The offences generally described in Column 2 of Schedule 6 under the respective rules specified in Column 1 of that Schedule are prescribed as the offences under the Fisheries (Scalefish) Rules 1998 in respect of which infringement notices may be issued.
(2)  The penalties specified in Column 3 of Schedule 6 are prescribed as the penalties payable in respect of prescribed offences to which the respective infringement notices relate.

9.   Offences under Fisheries (Giant Crab) Rules 1999

(1)  The offences generally described in Column 2 of Schedule 7 under the respective rules specified in Column 1 of that Schedule are prescribed as the offences under the Fisheries (Giant Crab) Rules 1999 in respect of which infringement notices may be issued.
(2)  The penalties specified in Column 3 of Schedule 7 are prescribed as the penalties payable in respect of prescribed offences to which the respective infringement notices relate.

10.   Offences under Fisheries (Scallop) Rules 2000

(1)  The offences generally described in Column 2 of Schedule 8 under the respective rules specified in Column 1 of that Schedule are prescribed as the offences under the Fisheries (Scallop) Rules 2000 in respect of which infringement notices may be issued.
(2)  The penalties specified in Column 3 of Schedule 8 are prescribed as the penalties payable in respect of prescribed offences to which the respective infringement notices relate.

11.    Fisheries (Infringement Notices) Regulations 1998 rescinded

The Fisheries (Infringement Notices) Regulations 1998 are rescinded.
SCHEDULE 1 - Offences under Living Marine Resources Management Act 1995

Regulation 3

Column 1

Column 2

Column 3

Section

General description of offence

Penalty units

15(2)

Failing to comply with, or contraventing, condition of permit

3

60(1)

Fishing without a licence

5

86A

Failing to comply with condition of licence

3

89(1)

Failing to ensure activity is supervised

3

89(2)

Failing to ensure activity complies with Act

3

89(7)

Failing to designate or identify person as supervisor

3

135(2)

Taking protected fish

5

139(1)

Cutting, damaging, destroying or removing marine plants

2

145(1)

Failing to keep records

2

145(2)

Failing to supply records

2

167

Failing to return identity card

1

262(1)

Purchasing or selling illegally taken, possessed or sold fish

5

SCHEDULE 2 - Offences under Fisheries (General and Fees) Regulations 1996

Regulation 4

Column 1

Column 2

Column 3

Regulation

General description of offence

Penalty units

6(1)

Taking undersize abalone

2

6(2)

Possessing undersize abalone

2

6(3)(a)

Taking or possessing undersize abalone without licence

2

6(3)(b)

Taking or possessing undersize abalone without authority of licence holder

2

6(3)(c)

Taking or possessing undersize abalone from person not a fish merchant

2

6(4)

Taking or possessing abalone shell less than 140mm in certain waters

2

6(5)(a)

Taking or possessing greenlip abalone shell less than 145mm in certain waters or land

2

6(5)(b)

Taking or possessing greenlip abalone shell less than 140mm in certain waters or land

2

6(5)(c)

Taking or possessing greenlip abalone shell less than 155mm in certain waters and on certain land

2

18(1)

Taking or possessing limpets of specified kind

2

18(2)

Taking or possessing specified species

2

SCHEDULE 3 - Offences under Fisheries Rules 1999

Regulation 5

Column 1

Column 2

Column 3

Rule

General description of offence

Penalty units

8(1)

Using unlicensed vessel for fishing or carrying fish

5

9

Taking fish for sale without licence

5

12(2)

Taking fish during closed season

5

12(3)

Buying, selling or possessing fish during closed season

5

12(5)

Contravening closure notice

5

13

Taking fish in Taroona waters by diving or swimming underwater or possessing abalone or rock lobster

5

15

Taking or possessing fish or marine plant from marine nature reserve

5

16

Selling fish taken by recreational licence

3

17(1)(a)

Failing to obtain receipt when acquiring fish for sale

3

17(1)(b)

Failing to keep receipt on premises

2

17(1)(c)

Failing to retain receipt for 5 years

2

17(1)(d)

Failing to produce receipt when required

1

17(3)

Possessing fish for sale without receipt

2

18(1)

Failing to supply receipt

3

18(2)(a)

Failing to retain copy of receipt for 5 years

2

18(2)(b)

Failing to produce receipt when required

2

19(2)

Failing to display or paint distinguishing mark on vessel or dinghy

1

20(1)

Using more than 2 dinghies from vessel specified on licence

2

20(2)

Failing to display letter "D"

1

22(1)

Using buoy that does not comply

1

22(2)

Possessing device to conceal buoy

2

26(2)

Failing to comply with instructions and failing to operate vessel monitoring system as required

5

27

Failing to nominate base port

2

28

Failing to comply with requirements for alternative means of communication

3

30

Failing to comply with requirements when a vessel monitoring system ceases to operate

5

32(2)

Operating vessel with vessel monitoring system in area to be kept clear of

5

39

Possessing more than 5 octopuses in certain waters in any one day

2

40(1)

Possessing for commercial purposes specified species of shellfish taken not in accordance with a licence

2

40(2)

Taking for commercial purposes specified species of shellfish

2

41

Taking native marine plant without licence

1

42(1)

Taking Undaria without licence

2

42(2)

Taking Undaria for holder of licence without approval

2

42(3)

Failing to notify approved person no longer employed

2

45(a)

Taking species of native marine plant not specified in licence

2

45(b)

Taking native marine plant in periods, areas or quantities not specified in licence

2

45(c)

Taking native marine plant by method not specified in licence

2

46(a)

Taking marine plant other than Undaria under licence

2

46(b)

Taking Undaria in periods, areas or quantities not specified in licence

2

46(c)

Taking Undaria by method not specified in licence

2

46(d)

Directing or permitting person not approved to take Undaria under licence

2

47(1)

Possessing unprocessed Undaria outside restricted zone without it being specified in licence

2

47(2)

Possessing unprocessed sporophyll of Undaria outside restricted zone

2

48(1)

Knowingly placing or releasing Undaria likely to result in its spreading

2

48(2)

Returning Undaria to State waters once it has been removed

2

SCHEDULE 4 - Offences under Fisheries (Abalone) Rules 2000

Regulation 6

Column 1

Column 2

Column 3

Rule

General description of offence

Penalty units

11(a)

Taking abalone without licence

5

14(2)(b)

Failing to carry measuring device when diving

2

14(2)(c)

Failing to measure abalone

2

14(2)(d)

Failing to replace undersize abalone

2

17(1)

Taking or possessing more than allowed limit of abalone

5

19(1)(a)

Failing to carry measuring device while taking abalone

1

19(1)(b)

Failing to measure abalone

1

19(1)(c)

Failing to replace undersize abalone

1

20(1)(a)

Possessing abalone meat on vessel

3

20(1)(b)

Possessing rock lobster pot, ring or rock lobster on vessel used for commercial purposes

2

21

Possessing underweight abalone meat

5

24

Failing to make prior fishing report as required

2

25

Failing to make post fishing report as required

2

26

Failing to make receipt report as required

2

27

Failing to make movement report as required

2

28

Failing to record or provide report receipt number

2

29

Failing to complete or send part A of diver's docket as required

2

30

Failing to complete or send part B of diver's docket as required

2

32

Failing to complete or forward abalone transfer docket (receipt) as required

2

33

Failing to complete or forward abalone transfer docket (leaving premises) as required

2

34

Failing to keep required records

2

SCHEDULE 5 - Offences under Fisheries (Rock Lobster) Rules 1997

Regulation 7

Column 1

Column 2

Column 3

Rule

General description of offence

Penalty units

9

Taking or possessing rock lobster during closed season

5

10(a)

Taking, buying, selling or possessing female rock lobster with eggs or spawn attached

5

10(b)

Detaching or removing from female rock lobster eggs or spawn, setae or fibres

5

10(c)

Possessing female rock lobster from which any eggs, spawn, setae or fibres have been detached or removed

5

11(1)(a)

Taking, buying, selling or possessing soft-shelled rock lobster

1

11(1)(c)

Using spear to take rock lobster

1

11(1)(d)

Taking more than allowed limit of rock lobster per day without licence

2

11(5)

Placing or taking rock lobster from rock lobster pot

1

12(1)

Taking, buying, selling or possessing undersize rock lobster

2

13(1)(a)

Possessing in State waters dismembered or cut-up rock lobster

2

13(1)(b)

Using or possessing in State waters rock lobster pot without licence

3

13(6)

Possessing rock lobster in State waters without licence

5

13(7)

Possessing rock lobster not tagged or marked

2

14

Using or permitting use of rock lobster as bait

2

15(1)

Possessing or selling rock lobster tail without remaining portion

2

15(2)

Possessing rock lobster tail less than certain width

2

16

Possessing or using in State waters rock lobster pot that does not comply

2

20

Taking rock lobster without appropriate licence

5

24(2)(a) and (b)

Failing to mark buoys as required

1

24(2)(c)

Failing to attach buoys as required

1

24(2)(d)

Failing to maintain legibility of mark

1

25(2)

Failing to attach gear tag as required

1

26

Failing to attach gear tag for Aboriginal cultural activity as required

1

27(a)

Placing or taking rock lobster in or from rock lobster pot before hauling to surface

1

27(ab)

Taking rock lobster by other means

1

27(b)

Taking or possessing rock lobster during commercial fishing trip by recreational fisher

1

28(1)(a)

Possessing or using more than one rock lobster pot in State waters

3

28(1)(b)

Possessing or using rock lobster pot in State waters during fishing trip when fishing commercially

3

28(2)

Setting rock lobster pot for more than 48 hours

1

29

Failing to mark central segment of tail fan of rock lobster as required

1

30(1)

Possessing or using rock lobster ring in State waters during fishing trip when fishing commercially

1

30(2)(a)

Possessing or using in State waters more than 4 rock lobster rings

1

30(2)(b)

Using rock lobster ring that exceeds 1 metre in diameter

1

31(a)

Using fish cauf for rock lobster without appropriate licence

1

31(b)

Failing to mark fish cauf as required

1

31(c)

Failing to mark rock lobster as required

1

32A

Using more than one rock lobster pot

2

38

Setting rock lobster pot without conforming marker buoy

1

46(2)

Failing to give rock lobster sales receipt before rock lobster are removed from immediate proximity of vessel

2

47(1)

Selling or possessing rock lobster not tagged as required

2

47(3)

Selling untagged rock lobster to person not holder of fish processing licence or handling licence

2

53

Failing to make leaving port report as required

2

54

Failing to make unloading report as required

2

55

Failing to make fish cauf report as required

2

56(1)

Failing to make long distance movement report as required

2

56(2)

Moving or transporting rock lobster without long distance movement report as required

2

57(1)

Failing to weigh

2

57(2)

Failing to make short distance movement report as required

2

58(1)

Failing to make receipt report as required

2

58(2)

Receiving or storing rock lobster without receipt report

2

59

Failing to make dispatch report as required

2

60

Failing to make delivery report as required

2

60A

Making report too early

2

60B

Failing to make cancellation report as required

2

60E

Omitting information or giving false or misleading information

2

61

Failing to provide report receipt number

1

62

Failing to complete part A of rock lobster quota docket as required

2

63

Failing to complete part B of rock lobster quota docket as required

2

64

Failing to deal with rock lobster quota docket as required

2

65

Failing to complete or forward rock lobster transfer docket (receipt) as required

2

66

Failing to complete or forward rock lobster transfer docket (leaving premises)

2

67

Failing to keep required records

2

68

Failing to record catches daily

2

68A

Failing to issue sales receipt

2

SCHEDULE 6 - Offences under Fisheries (Scalefish) Rules 1998

Regulation 8

Column 1

Column 2

Column 3

Rule

General description of offence

Penalty units

15

Taking or possessing more than allowed number of sharks

1

21

Possessing or using nets in State waters without appropriate licence

2

22

Carrying on vessel or using small mesh gillnet without licence

2

23

Carrying on vessel or using fishing gear to take scalefish without appropriate licence or authorisation

2

47(1)

Failing to apply vessel distinguishing mark as required

1

47(2)

Failing to attach additional buoy as required

1

47(3)

Failing to apply distinguishing marks to appropriate specifications

1

47(4)(a)

Failing to maintain distinguishing marks

1

47(4)(b)

Failing to ensure only one distinguishing mark applied

1

48(1)(a)

Using more than 2 dinghies from licensed vessel

2

48(1)(b)

Using dinghy that is longer than vessel

2

48(2)

Failing to mark dinghy used from vessel as required

1

51(1) , (2) and (3)

Recreationally taking scalefish using nets without appropriate licence

2

51(4)

Using nets that do not comply

2

51(5)

Using nets without authority

2

52

Using more nets than authorised

2

54

Failing to mark buoy as required

1

55(2) and (4)

Failing to attach gear tag as required

1

56

Using gear in excess of that allowed

2

57(1)

Using cast net while not in attendance

1

57(2)

Using cast net not as allowed

1

58(a)

Failing to bunt up and empty seine net in water

2

59

Failing to attach appropriate weights to nets

1

60(1)(a)

Failing to attach appropriate buoys to mullet net

1

60(1)(b)

Setting mullet net over rocky bottom

1

60(2)

Carrying on vessel or using mullet net that exceeds permitted depth and length

2

61

Using or possessing in State waters trap that is not fish trap or bait trap

1

62

Using or possessing in State waters unapproved net

1

63

Failing to mark buoys as required

1

64

Using buoy that does not meet specifications

1

69

Using beach seine net recreationally that is more than 50 metres in length

1

70

Setting or using nets at night

2

71

Setting or using longline, fish trap or dropline in certain waters

2

72

Taking bream or boarfish in State waters using spear

1

73

Using spear to take scalefish in certain rivers

1

74

Carrying on vessel more than allowed number recreational gillnets

1

77

Using net other than landing net in prohibited waters in North West region

2

78

Using net other than landing net in prohibited waters in North East region

2

79

Using net other than landing net in prohibited waters in Southern region

2

80

Using net other than landing net in certain rivers without licence

2

81

Using more than allowed number graball nets or a net exceeding 50 metres in Macquarie Harbour without licence

2

82

Using net, fish trap, longline or dropline in certain waters of Coles Bay during certain period

2

83

Taking scalefish commercially and using nets from certain waters of Georges Bay without licence

2

84

Taking scalefish for commercial purposes from D'Entrecasteaux Channel

2

85

Using nets in certain waters of River Derwent otherwise than allowed

2

86

Using net other than bait net or landing net in certain waters

2

87(2)

Using more than 1 graball net or a net exceeding 50 metres in length in certain waters

2

88

Using gillnet in certain shark nursery waters otherwise than allowed

2

89

Using mullet net in certain waters

2

90

Using nets in River Tamar otherwise than allowed

2

91

Using nets in Port Sorell otherwise than allowed

2

92

Using beach seine net in certain waters otherwise than allowed

2

93

Using small mesh gillnets in certain waters otherwise than allowed

2

94(1)

Carrying or using special small mesh gillnet on vessel

2

94(3)

Using special small mesh gillnet not marked as required

2

111

Recreationally taking or possessing more than allowed number of certain fish

1

112

Recreational taking or possessing more than allowed number of blue-eye trevalla

1

113

Taking, buying, selling or possessing banded morwong of size outside limits

1

114

Taking, buying, selling or possessing wrasse of size outside limits

1

115

Taking, buying, selling or possessing undersize school shark

1

116

Taking, buying, selling or possessing undersize gummy shark

1

117

Taking, buying, selling or possessing certain undersize fish

1

118

Taking more than 10 bream in a day

1

119

Taking more than allowed number of warehou in any day in specified waters

1

120

Taking shark from shark nursery waters

2

SCHEDULE 7 - Offences under Fisheries (Giant Crab) Rules 1999

Regulation 9

Column 1

Column 2

Column 3

Rule

General description of offence

Penalty units

9(1)

Taking giant crab during closed season

5

9(2)

Possessing giant crab during closed season

5

10(a)

Taking, buying, selling or possessing female giant crab with eggs or spawn attached

5

10(b)

Removing from female giant crab eggs or spawn

5

10(c)

Possessing female giant crab from which any eggs or spawn have been removed

2

10(d)

Dismembering giant crab in State waters

2

10(e)

Possessing dismembered giant crab in State waters

2

11(1)

Taking or possessing giant crab taken from marine reserve

5

12(1)

Taking or possessing giant crab in State waters without appropriate licence

5

12(2)

Taking or possessing giant crab in excess of specified amount for fishing licence (rock lobster)

5

12(3)

Taking or possessing giant crab in State waters in excess of specified amount for fishing licence (recreational rock lobster pot)

5

13

Taking, buying, selling or possessing undersize or oversize giant crab

5

33(1)

Failing to make leaving port report

2

33(2)

Leaving port without making leaving port report

2

34(1)

Failing to make unloading report

2

34(2)

Unloading without making unloading report

2

35(1)

Failing to make movement report

2

35(2)

Moving or transporting giant crab without making movement report

2

35(3)

Failing to weigh giant crab before transporting

2

37(1)

Failing to make receipt report

2

37(2)

Receiving or storing giant crab without making receipt report

2

38(1)

Failing to make delivery report

2

38(3)

Accepting delivery without delivery report

2

39

Making report more than 24 hours before activity takes place

2

40

Failing to make cancellation report

2

41

Failing to provide report receipt number

1

42

Omitting information or giving false or misleading information

2

43

Failing to complete part A of giant crab quota docket

2

44

Failing to complete part B of giant crab quota docket

2

45(1)

Failing to deal with original and triplicate giant crab quota docket

2

45(2)

Failing to carry duplicate of giant crab quota docket

2

45(3)

Failing to keep duplicate of giant crab quota docket in good condition for 5 years

2

46(1)

Failing to complete giant crab transfer docket (receipt)

2

46(2)

Failing to forward giant crab transfer docket (receipt)

2

46(3)

Failing to keep triplicate of giant crab transfer docket in good condition for 5 years

2

47(1)

Failing to complete giant crab transfer docket (leaving premises)

2

47(3)

Failing to forward or deliver transfer docket (leaving premises)

2

48(1)

Failing to keep required records

2

48(2)

Failing to make and retain certain records

2

49(1)

Failing to record catches daily

2

49(2)

Failing to keep catch record on vessel

2

49(3)

Failing to complete catch record before certain activities

2

62(2)

Failing to comply with direction to fit vessel monitoring system

5

62(3)

Failing to ensure vessel monitoring system is approved type and operating

5

SCHEDULE 8 - Offences under Fisheries (Scallop) Rules 2000

Regulation 10

Column 1

Column 2

Column 3

Rule

General description of offence

Penalty units

8

Taking or possessing scallop during open season without appropriate licence or exceeding possession limit

5

9(1)

Taking scallop during closed season

5

9(2)

Possessing scallop during closed season

5

10

Taking or possessing undersize scallop

5

13

Taking scallops from prohibited areas

5

14

Possessing scallop dredge in State waters without appropriate licence

3

15

Possessing scallop dredge in State waters in closed season

3

17(1)

Using scallop dredge in State waters without appropriate licence

3

17(2)

Using scallop dredge that does not conform

3

19

Failing to carry copy of fishing licence (scallop) during fishing trip

1

26

Failing to make pre-fishing report

2

27

Failing to make unloading report

2

28

Failing to make movement report

2

29

Making report more than 24 hours before activity takes place

2

33

Omitting information or giving false or misleading information

2

34

Failing to provide report receipt number

1

35

Failing to complete scallop quota docket

2

36

Failing to deal with scallop quota docket

2

38

Failing to deal with scallop processor records

2

39

Failing to deal with scallop catch logbook

2

40

Removing scallops, or possessing scallops removed, from shell in State waters

5

43

Entering closed area

5

45

Using excess containers or containers that do not conform

2

49(2)

Failing to give scallop sales receipt before scallop are removed from immediate proximity of vessel

3

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

Notified in the Gazette on 6 September 2000

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

EXPLANATORY NOTE

(This note is not part of the regulation)

These regulations –
(a) prescribe –
(i) offences under the Living Marine Resources Management Act 1995 and certain regulations and rules made under that Act as offences in respect of which infringement notices may be issued; and
(ii) the penalties payable in respect of those offences on the issue of infringement notices; and
(b) rescind the Fisheries (Infringement Notices) Regulations 1998 .