Fisheries (General and Fees) Amendment 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 .
11 December 2000G. S. M. Green
Governor
By His Excellency's Command,
D. E. LLEWELLYN
Primary Industries, Water and Environment
These regulations may be cited as the Fisheries (General and Fees) Amendment Regulations 2000 .
These regulations take effect on 1 January 2001.
In these regulations, the Fisheries (General and Fees) Regulations 1996 are referred to as the Principal Regulations.
4. Regulation 3 amended (Interpretation)
Regulation 3 of the Principal Regulations is amended as follows:(a) by inserting the following definition after the definition of Act :area A means the area of State waters adjacent to the south and west coasts of the mainland of Tasmania between an imaginary straight line due south from Whale Head near South East Cape and an imaginary straight line due west from the mouth of the Wild Wave River near Sandy Cape;(b) by omitting the definition of distinguishing mark ;(c) by omitting "Ostechthyes" from the definition of finfish and substituting "Osteichthyes";(d) by inserting the following definitions after the definition of greenlip abalone :King Island greenlip area means the area of State waters adjacent to King Island bounded by the line of latitude 40o 20' 00" South in the south, the line of longitude 143o 30' 00" East in the west, the line of latitude 39o 30' 00" South in the north and the line of longitude 144o 30' 00" East in the east;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;north coast greenlip area means the area of State waters adjacent to the west and north coasts of mainland Tasmania beginning at the mouth of the Arthur River, west along the line of latitude 41o 3' 34" South until the junction with the line of longitude 144o 20' 00" East, north along that line of longitude until the junction with the line of latitude 40o 20' 00" South, east along that line of latitude until the junction with the line of longitude 146o 49' 55" East and south along that line of longitude until Three Mile Bluff;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;(e) by inserting the following definition after the definition of sea urchin :shell length, in relation to an abalone, means the diameter of the abalone shell at its widest, whether the shell is broken or chipped or not;(f) by omitting the definition of undersize scallop .
5. Regulation 4 rescinded
Regulation 4 of the Principal Regulations is rescinded.
6. Regulation 6 substituted and regulations 6A, 6B, 6C and 6D inserted
Regulation 6 of the Principal Regulations is rescinded and the following regulations are substituted:6. Taking or possessing abalone
(1) A person who is not the holder of a fishing licence (abalone dive) must not take abalone with a shell length less than 132mm.Penalty: Fine not exceeding the applicable Grade 3 penalty.(2) A person must not have possession of abalone with a shell length less than 132mm unless that person –(a) is the holder of a fishing licence (abalone dive); or(b) is the holder of a fish processing licence; or(c) has bought or received the abalone from a fish merchant.Penalty: Fine not exceeding the applicable Grade 3 penalty.(3) The holder of a fishing licence (abalone dive) must not take or have possession of abalone with a shell length less than 127mm.Penalty: Fine not exceeding the applicable Grade 3 penalty.6A. Taking or possessing greenlip abalone
A person must not take or have possession of greenlip abalone with a shell length less than 140mm.Penalty: Fine not exceeding the applicable Grade 3 penalty.6B. Possession by fish processing licence holder
The holder of a fish processing licence must not have possession of –(a) abalone with a shell length less than 127mm; or(b) greenlip abalone with a shell length less than 140mm; or(c) abalone taken from State waters with a smaller shell length than that which may legally be taken from those waters by the holder of a fishing licence (abalone dive).Penalty: Fine not exceeding the applicable Grade 3 penalty.6C. Taking or possessing abalone in certain waters
(1) The holder of a fishing licence (abalone dive) must not take, or have possession of, abalone with a shell length less than 140mm from or in area A or on land within one kilometre of any of the waters within area A.Penalty: Fine not exceeding the applicable Grade 3 penalty.(2) The holder of a fishing licence (abalone dive) must not take abalone with a shell length less than 132mm from State waters, other than the waters in the northern blacklip area.Penalty: Fine not exceeding the applicable Grade 3 penalty.(3) The holder of a fishing licence (abalone dive) must not have possession of abalone with a shell length less than 132mm in State waters, other than those waters in the northern blacklip area, unless –(a) the holder is undertaking a fishing trip on a mother boat; and(b) the mother boat is in State waters bounded in the north by the eastern boundary of the northern blacklip area and in the south by an imaginary straight line running due east from the tip of St Helens Point to the limit of State waters.(4) The holder of a fishing licence (abalone dive) must not take greenlip abalone with a shell length less than 155mm from, or have possession of greenlip abalone with a shell length less than 155mm in, the King Island greenlip area or on land within one kilometre of any of those waters.Penalty: Fine not exceeding the applicable Grade 3 penalty.(5) The holder of a fishing licence (abalone dive) must not take greenlip abalone with a shell length less than 145mm from, or have possession of greenlip abalone with a shell length less than 145mm in, State waters, other than waters in the King Island greenlip area and the north coast greenlip area.Penalty: Fine not exceeding the applicable Grade 3 penalty.(6) A person must not take or have possession of greenlip abalone with a shell length less than 145mm in State waters, other than waters in the north coast greenlip area.Penalty: Fine not exceeding the applicable Grade 3 penalty.6D. Taking or possessing certain abalone
(1) A person must not take or have possession of any abalone with a shell length less than 127mm that has been cultivated elsewhere than in the wild unless the person –(a) is the holder of a marine farming licence authorising abalone farming; or(b) is acting with the authority of the holder of such a licence; or(c) has bought or received the abalone from a fish merchant.Penalty: Fine not exceeding the applicable Grade 3 penalty.(2) A person must not take or have possession of any greenlip abalone with a shell length less than 140mm that has been cultivated elsewhere than in the wild unless the person –(a) is the holder of a marine farming licence authorising abalone farming; or(b) is acting with the authority of the holder of such a licence; or(c) has bought or received the abalone from a fish merchant.Penalty: Fine not exceeding the applicable Grade 3 penalty.
7. Schedule 1 amended (Licence fees)
Schedule 1 to the Principal Regulations is amended as follows:(a) by omitting item 9 from Part 1 and substituting:
9.
Fishing licence (scallop)
(a) Renewal, each scallop unit –
(i) 2001
$6
(ii) 2002
$7
(iii) 2003
$8
(iv) 2004
$8
(b) Research levy, each scallop unit at renewal
$2
(c) Transfer of licence or scallop unit, each transfer
$50
(d) Fishery management fee, each scallop unit –
(i) 2001
$16
(ii) 2002
$17
(iii) 2003
$17
(iv) 2004
$17
(b) by omitting paragraphs (k) and (l) from item 20 in Part 1.
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 20 December 2000
These regulations are administered the Department of Primary Industries, Water and Environment.
EXPLANATORY NOTE
(This note is not part of the regulation)
These regulations make further provision relating to –(a) certain definitions; and(b) the taking and possessing of abalone; and(c) fees for fishing licence (scallop).