Fisheries (Abalone) Amendment Rules 2001

Fisheries (Abalone) Amendment Rules 2001

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

21 October 2001

D. E. LLEWELLYN

Minister for Primary Industries, Water and Environment

1.   Short title

These rules may be cited as the Fisheries (Abalone) Amendment Rules 2001 .

2.   Commencement

These rules take effect on 1 November 2001.

3.   Principal Rules

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 abalone meat :

abalone offal means the offal or viscera of abalone, excluding the shell and meat;

(b) by inserting the following definition after the definition of fish receipt docket :

fish trap means a fish trap as defined in the Fisheries (Scalefish) Rules 2001 ;

(c) by inserting the following definition after the definition of giant crab :

giant crab trap means a giant crab trap as defined in the Fisheries (Rock Lobster and Giant Crab) Rules 2001 ;

(d) by inserting the following definition after the definition of holder of a fishing licence (abalone dive) :

holder of a fishing licence (vessel) includes a supervisor of such a licence;

(e) by omitting "land." from the definition of site of unloading and substituting "land;";

(f) by inserting the following definitions after the definition of site of unloading :

trap means a rock lobster pot, giant crab trap or fish trap;

vessel monitoring system means a navigational measuring system that –

(a) determines the location and activities of a vessel; and

(b) is capable of transmitting data in relation to that location and those activities via a satellite communication system.

5.    Rule 20 amended (Possessing abalone on vessel)

Rule 20 of the Principal Rules is amended by inserting after subrule (2) the following subrule:

(3)  Subrules (1)(a) and  (2) do not apply to the holder of a fishing licence (personal) using abalone offal as bait if –

(a) the abalone offal is used as bait in a trap; and

(b) the holder is able to verify the source of that abalone offal and is able to verify the purchase of the abalone offal; and

(c) no whole abalone, abalone shell or abalone meat is on the vessel from which the bait is being used or transported.

6.    Rule 21 amended (Abalone meat)

Rule 21 of the Principal Rules is amended as follows:

(a) by omitting subrule (1) and substituting the following subrule:

(1)  A person must not have possession of greenlip abalone meat that is less than 70 grams in weight unless the person is the holder of a fish processing licence and –

(a) the abalone was not taken in State waters and was imported from another State; and

(b) the person is able to verify the source of the abalone meat.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(b) by omitting subrule (3) and substituting the following subrule:

(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 the abalone was taken in the northern blacklip area or –

(a) the abalone was not taken in State waters and was imported from another State; and

(b) the holder is able to verify the source of the abalone meat.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

7.    Rule 22 inserted

After rule 21 of the Principal Rules , the following rule is inserted in Part 2:

22.   Storage of imported abalone meat

The holder of a fish processing licence who possesses abalone meat that is not taken from State waters but imported from another State must store or hold the abalone meat in bins or containers that do not contain any other abalone or abalone meat taken in State waters.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

8.    Rule 22A amended (Taking abalone in certain areas)

Rule 22A of the Principal Rules is amended as follows:

(a) by omitting from subrule (1) "and (4) " and substituting ", (4) and (6) ";

(b) by inserting in subrule (4)(d)(i) "or within the waters of Georges Bay" after "Point";

(c) by omitting subparagraph (ii) from subrule (4)(d) and substituting the following subparagraphs:

(ii) does not enter State waters south of that line, other than within Georges Bay; and

(iii) proceeds directly to the point of unloading after leaving the northern area; and

(d) by omitting from subrule (4)(e) "area." and substituting "area; and";

(e) by inserting the following paragraph after paragraph (e) in subrule (4) :

(f) the mother boat on which the fishing trip is undertaken is fitted with a vessel monitoring system.

(f) by inserting the following subrule after subrule (5) :

(6)  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 southern boundary of the northern area delineated by an imaginary straight line running due west from the mouth of the Arthur River to the limit of State waters; and

(d) the mother boat –

(i) completes that fishing trip on the west coast of Tasmania north of an imaginary line running due west from Cape Sorell to the limit of State waters or within Macquarie Harbour; and

(ii) does not enter State waters south of that line other than in Macquarie Harbour or the channel into Macquarie Harbour; and

(iii) proceeds directly to the port of unloading after leaving the northern area; 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; and

(f) the mother boat on which that trip is undertaken is fitted with a vessel monitoring system.

9.    Rule 22BA inserted

After rule 22B of the Principal Rules , the following rule is inserted in Part 2:

22BA.   Completing certain fishing trips within certain area

The supervisor of a fishing licence (vessel) under which a mother boat is authorised to carry abalone who undertakes a fishing trip carrying the holder of a fishing licence (abalone) dive who has dived for, or has taken, abalone on that fishing trip in the northern area must complete that fishing trip within the northern area unless –

(a) the supervisor has completed a leaving area report; and

(b) the mother boat completes that fishing trip –

(i) on the west coast of Tasmania north of an imaginary line running due west from Cape Sorell to the limit of State waters or within Macquarie Harbour; or

(ii) on the east coast of Tasmania north of an imaginary line running due east from the tip of St Helens Point to the outer limit of State waters or within the waters of Georges Bay; and

(c) the mother boat does not enter State waters south of the boundaries referred to in paragraph (b) other than in Macquarie Harbour or the channel into Macquarie Harbour on the west coast or the waters of Georges Bay on the east coast; and

(d) 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; and

(e) the mother boat is fitted with a vessel monitoring system; and

(f) the mother boat proceeds directly to the port of unloading after leaving the northern area.

10.    Rule 24C amended (Leaving area report)

Rule 24C(1) of the Principal Rules is amended by omitting " rule 22A(4) " and substituting " rule 22A(4) or (6) or rule 22BA ".

11.    Rule 40 inserted

After rule 39 of the Principal Rules , the following rule is inserted in Part 4:

40.   Vessel monitoring system

The provisions of Part 3 of the Fisheries Rules 1999 relating to a vessel monitoring system apply to the holder of a fishing licence (vessel).

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

Notified in the Gazette on 31 October 2001

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 relating to the following:

(a) possessing abalone on vessels;

(b) possessing abalone meat;

(c) storing imported abalone meat;

(d) taking abalone in certain areas;

(e) completing fishing trips in certain areas;

(f) vessel monitoring systems.