Fisheries (Abalone) Amendment Rules 2000
I make the following rules under the Living Marine Resources Management Act 1995 .
1 December 2000D. E. LLEWELLYN
Minister for Primary Industries, Water and Environment
These rules may be cited as the Fisheries (Abalone) Amendment Rules 2000 .
These rules take effect on 1 January 2001.
In these rules, the Fisheries (Abalone) Rules 2000 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 blacklip abalone :changing zone report means a report relating to fishing for abalone that is part of records required to be kept under the Act;(b) by inserting the following definition after the definition of fishing gear :fishing trip means a trip undertaken for fishing starting from the departure from port and ending on the return to port;(c) by omitting the definition of greenlip abalone part of the fishery ;(d) by inserting the following definitions after the definition of landing area :leaving area report means a report relating to fishing for abalone that is part of records required to be kept under the Act;leaving port report means a report relating to fishing for abalone that is part of records required to be kept under the Act;(e) by inserting the following definition after the definition of movement report :mother boat means a fishing vessel that –(a) under normal circumstances is not to be towed on land on a trailer; and(b) is more than 15 metres long; and(c) is used to transport holders of a fishing licence (abalone dive) on fishing trips for abalone; and(d) is used by holders of a fishing licence (abalone dive) –(i) to act as a diving platform to take abalone for commercial purposes; or(ii) to operate a dinghy from that acts as a diving platform to take abalone for commercial purposes;(f) by inserting the following definitions after the definition of mutilated :northern area means the area of State waters adjacent to the north, north west and north east coast of the mainland of Tasmania, the Furneaux Group of Islands and King Island, and those State waters north of a line bounded in the east by an imaginary straight line from the northern side of the mouth of the Great Musselroe River at Musselroe Bay running due west for 100 metres, following the shoreline 100 metres from shore to the northernmost tip of Musselroe Point, running due north until intersection with the line of latitude 40o 48' 00" South, and running due east to the outer limit of State waters, and bounded in the west by an imaginary straight line running due west from the mouth of the Arthur River to the outer limit of State waters;northern blacklip area means the area of State waters adjacent to the north, north west and north east coast of the mainland of Tasmania, the Furneaux Group of Islands and King Island, and those State waters generally north of a line bounded in the east by an imaginary line from the northern side of the mouth of the Great Musselroe River at Musselroe Bay, running due west for 100 metres, following the shoreline 100 metres from shore to the northernmost tip of Musselroe Point, running due north until intersection with the line of latitude 40o 48' 00" South, and running due east to the outer limit of State waters, and bounded in the west by an imaginary line from the northernmost point of Woolnorth Point to Brown Rocks and running due west to the limit of State waters;(g) by inserting the following definition after the definition of rock lobster ring :securely fastened means on board and fastened to a mother boat.(h) by omitting the definition of western blacklip abalone part of the fishery .
5. Rule 21 substituted
Rule 21 of the Principal Rules is rescinded and the following rule is substituted:(1) A person must not have possession of greenlip abalone meat that is less than 70 grams in weight.Penalty: Fine not exceeding the applicable Grade 3 penalty.(2) A person must not have possession of any abalone meat, other than greenlip abalone meat, that is less than 90 grams in weight unless the person –(a) is the holder of a fishing licence (abalone dive); or(b) is the holder of a fish processing licence endorsed to process abalone; or(c) has bought or received the abalone from a fish merchant.(3) The holder of a fish processing licence must not have possession of any abalone meat, other than greenlip abalone meat, less than 90 grams in weight unless that abalone was taken in the northern blacklip area.Penalty: Fine not exceeding the applicable Grade 3 penalty.
6. Rules 22A , 22B , 22C and 22D inserted
After rule 22 of the Principal Rules , the following rules are inserted in Part 2:22A. Taking abalone in certain areas
(1) If the holder of a fishing licence (abalone dive) intends to take abalone in the northern area on a fishing trip, the holder, subject to subrules (2) and (4) –(a) must start and end that fishing trip within the northern area; and(b) must not enter State waters that are not within the northern area.Penalty: Fine not exceeding the applicable Grade 3 penalty.(2) The holder of a fishing licence (abalone dive) intending to take abalone in the northern area on a fishing trip may start the fishing trip from outside that area if –(a) the holder undertakes the fishing trip on a mother boat; and(b) the holder completes a prior fishing report before the mother boat leaves port commencing that fishing trip; and(c) no abalone is on that mother boat before it enters the northern area; and(d) the supervisor of the fishing licence (vessel) under which the mother boat is authorised to carry abalone has completed a leaving port report; and(e) all dinghies on that mother boat are securely fastened for the duration of the fishing trip while the mother boat is in any State waters other than the northern area.(3) If taking abalone in the northern area on a fishing trip, the holder of a fishing licence (abalone dive) must not take abalone or dive or swim on that fishing trip in State waters that are not within the northern area.Penalty: Fine not exceeding the applicable Grade 3 penalty.(4) If during a fishing trip the holder of a fishing licence (abalone dive) has taken abalone in the northern area, the holder may enter State waters not within that area if –(a) the holder is undertaking the fishing trip on a mother boat; and(b) the supervisor of a fishing licence (vessel) under which the mother boat is authorised to carry abalone has completed a leaving area report; and(c) the mother boat leaves the northern area at the eastern boundary of the northern area at an imaginary line from the northern side of the mouth of the Great Musselroe River at Musselroe Bay, running due west for 100 metres, following the shoreline 100 metres from shore to the northernmost tip of Musselroe Point, running due north until intersection with the line of latitude 40o 48' 00" South, and running due east to the outer limit of State waters; and(d) the mother boat –(i) completes that fishing trip on the east coast of Tasmania north of an imaginary straight line running east from the tip of St Helens Point; and(ii) does not enter State waters south of that line; and(e) all dinghies on that mother boat are securely fastened for the duration of the fishing trip while the mother boat is in any State waters other than the northern area.(5) The holder of a fishing licence (abalone dive) must not take abalone in the northern area on a fishing trip unless the intention is stated in the prior fishing report relating to that fishing trip.Penalty: Fine not exceeding the applicable Grade 3 penalty.If undertaking a fishing trip for which the supervisor of a fishing licence (vessel) under which the mother boat is authorised to carry abalone has made a leaving port report, the supervisor must ensure that –(a) abalone are not taken from State waters other than the northern area; and(b) abalone are not on the mother boat before it enters the northern area; and(c) all dinghies on the mother boat are securely fastened on the vessel while it is in any State waters other than the northern area.Penalty: Fine not exceeding the applicable Grade 3 penalty.22C. Requirements relating to certain sizes
(1) If the holder of a fishing licence (abalone dive) has reported to the reporting service the intention not to take on a fishing trip any abalone with a shell length less than 132mm, the holder must not take or possess any blacklip abalone on that fishing trip with a shell length less than 132mm.Penalty: Fine not exceeding the applicable Grade 3 penalty.(2) If the holder of a fishing licence (abalone dive) has reported to the reporting service the intention to take on a fishing trip abalone with a shell length less than 132mm, the holder, on that fishing trip –(a) must start and end that fishing trip in the northern blacklip area, unless the holder takes the action referred to in rule 22A(2)(a) , (b) , (c) , (d) and (e) ; and(b) must not enter State waters that are not within the northern blacklip area, unless undertaking that trip on a mother boat; and(c) must not take abalone or dive or swim in State waters that are not within the northern blacklip area; and(d) must not leave the northern blacklip area unless –(i) undertaking that fishing trip on a mother boat; and(ii) the conditions for leaving the northern area as specified by rule 22A(4) are complied with.Penalty: Fine not exceeding the applicable Grade 3 penalty.22D. Processor handling of small abalone
The holder of a fish processing licence, on receipt of blacklip abalone taken from the northern blacklip area, must –(a) transport and hold that abalone, before processing, in bins, containers or holding tanks; and(b) ensure that the bins, containers or holding tanks are marked with the words "northern area" or a red tag marked with the words "northern area".Penalty: Fine not exceeding the applicable Grade 3 penalty.
7. Rule 24 amended (Prior fishing report)
Rule 24 of the Principal Rules is amended by inserting after subrule (1) the following subrules:(1A) If the holder of a fishing licence (abalone dive) intends to take abalone in the northern area on a fishing trip, the holder must indicate that intention in the prior fishing report relating to that fishing trip.Penalty: Fine not exceeding the applicable Grade 2 penalty.(1B) If the holder of a fishing licence (abalone dive) intends to take on a fishing trip in the northern area abalone with a shell length less than 132mm, the holder must indicate this intention in the prior fishing report relating to that fishing trip.Penalty: Fine not exceeding the applicable Grade 2 penalty.
8. Rules 24A , 24B and 24C inserted
After rule 24 of the Principal Rules , the following rules are inserted in Division 1:(1) The holder of a fishing licence (abalone dive) who has made a prior fishing report for a fishing trip may make a changing zone report during that fishing trip to change the holder's intention to either take or not take abalone in the northern area or to take or not to take abalone less than 132mm if –(a) the holder has not taken any abalone on that fishing trip at that time; and(b) no abalone is on the vessel from which the holder is diving at that time.(2) On receipt of a changing zone report from the holder of a fishing licence (abalone dive), the reporting service is to issue to the holder a report receipt number.(1) The supervisor of a fishing licence (vessel) authorising a mother boat to carry abalone must make a leaving port report to the reporting service not more than 24 hours and not less than 2 hours before the start of a fishing trip if –(a) the supervisor intends to take the holder of a fishing licence (abalone dive) on that fishing trip; and(b) the holder intends to take abalone in the northern area on that fishing trip; and(c) the fishing trip starts outside the northern area.Penalty: Fine not exceeding the applicable Grade 2 penalty.(2) On receipt of a leaving port report from the supervisor, the reporting service is to issue to the supervisor a report receipt number.(1) The supervisor of a fishing licence (vessel) under which the mother boat is authorised to carry abalone who intends to leave the northern area to enter State waters as permitted by rule 22A(4) must make a leaving area report to the reporting service no less than 2 hours before leaving the northern area.Penalty: Fine not exceeding the applicable Grade 2 penalty.(2) On receipt of a leaving area report from the supervisor, the reporting service is to issue to the supervisor a report receipt number.
9. Rule 30A inserted
After rule 30 of the Principal Rules , the following rule is inserted in Division 2:30A. Transport to processing premises
The holder of a fish processing licence who takes possession of abalone from the holder of a fishing licence (abalone dive) must transport those abalone to any processing premises.Penalty: Fine not exceeding the applicable Grade 3 penalty.
10. Rule 40 rescinded
Rule 40 of the Principal Rules is rescinded.
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 13 December 2000
These rules are administered in the Department of Primary Industries, Water and Environment.
EXPLANATORY NOTE
(This note is not part of the rule)
These rules make further provision in respect of –(a) certain fishing areas; and(b) certain reporting requirements; and(c) taking and possessing abalone in certain areas.