Fisheries (Infringement Notices) Amendment Regulations 2001


Tasmanian Crest
Fisheries (Infringement Notices) Amendment Regulations 2001

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 .

29 October 2001

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) Amendment Regulations 2001 .

2.   Commencement

These regulations take effect on 1 November 2001.

3.   Principal Regulations

In these regulations, the Fisheries (Infringement Notices) Regulations 2001 are referred to as the Principal Regulations.

4.    Regulation 8 substituted

Regulation 8 of the Principal Regulations is rescinded and the following regulation is substituted:

8.   Offences under Fisheries (Scalefish) Rules 2001

(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 2001 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.

5.    Schedule 6 substituted

Schedule 6 to the Principal Regulations is rescinded and the following Schedule is substituted:
SCHEDULE 6 - Offences under Fisheries (Scalefish) Rules 2001

Regulation 8

Column 1

Column 2

Column 3

Rule

General description of offence

Penalty units

14

Taking or possessing more than allowed number of sharks or shark carcasses

1

18

Possessing or using nets in State waters without appropriate licence

2

19

Carrying on vessel or using small-mesh gillnet without licence

2

20(1)

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

2

50(1)

Failing to mark distinguishing mark on buoy as required

1

50(2)

Failing to attach additional buoy as required

1

50(3)

Failing to apply distinguishing marks to appropriate specifications

1

50(4)(a)

Failing to maintain distinguishing marks

1

50(4)(b)

Failing to ensure buoys bear only distinguishing marks as required

1

51(1)(a)

Using more than one dinghy from vessel without appropriate licence

2

51(1)(b)

Using dinghy that is longer than vessel

2

51(2)

Failing to mark dinghy used from vessel as required

1

55(1), (2), (3)

Recreationally taking scalefish using nets without appropriate licence

2

55(4)

Using nets that do not comply

2

55(5)

Using nets without appropriate licence or authority

2

56

Using more nets than authorised

2

58(2)

Failing to mark and attach buoy as required

1

59(2)

Using fishing gear without gear tag attached as required

1

59(4)

Using fishing gear without buoy attached and marked as required

1

60

Using fishing gear in excess of that allowed

2

62(1)

Using cast net while not in attendance

1

62(2)

Using cast net otherwise than allowed

1

63(a)

Failing to bunt up and empty seine net in water

2

64

Failing to attach appropriate weights to nets

1

65(1)

Setting mullet net over rocky bottom

1

65(2)

Carrying on vessel or using mullet net that exceeds 25 metres in length

2

66

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

1

67

Using or possessing in State waters unapproved net

1

68(1)

Using nets without distinguishing mark as required

1

69

Failing to ensure recreational gillnet is marked as required

1

70

Using buoy that does not meet specifications

1

74

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

1

75, 76

Leaving or setting recreational gillnets during specified times otherwise than authorised

2

77(1)

Using recreational gillnets without buoys as required

1

77(3)

Setting net with mark of fisheries officer attached

1

78

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

2

79

Taking bream or boarfish in State waters using spear

1

80

Using spear to take scalefish in certain waters

1

81

Carrying on vessel or using more than allowed number of recreational gillnets

1

84

Using net other than landing net in certain waters in north-west region

2

85

Using net other than landing net in certain waters in north-east region

2

86

Using net other than landing net in certain waters in southern region

2

87

Using net other than landing net in certain waters without licence

2

88(1)

Using more graball nets than permitted or exceeding 50 metres in Macquarie Harbour during certain periods

2

88(2)

Using graball nets otherwise than authorised

2

89

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

2

90

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

2

91

Taking scalefish for commercial purposes in D'Entrecasteaux Channel

2

92(1)

Using nets in certain waters of River Derwent otherwise than allowed

2

93

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

2

94(1)

Using more than 1 graball net in certain waters

2

94(2)

Using graball net exceeding 50 metres long in certain waters

2

95

Using gillnet in certain shark nursery waters otherwise than allowed

2

96

Using mullet net in certain waters

2

97

Using nets in River Tamar otherwise than allowed

2

98

Using nets in Port Sorell otherwise than allowed

2

99

Using beach seine net in certain waters otherwise than allowed

2

100

Using small-mesh gillnets in certain waters otherwise than allowed

2

101(1)

Carrying on vessel or using special small-mesh gillnet

2

101(3)

Using special small-mesh gillnet not marked as required

2

119

Taking or possessing more than the allowed number of certain small pelagic species

1

120

Taking or possessing more than the allowed number of squid and calamary

1

121

Possessing more than the allowed number of certain fish

1

122

Recreationally taking or possessing more than allowed number of certain fish

1

123

Taking, buying, selling or possessing undersize banded morwong

1

124

Taking, buying, selling or possessing undersize wrasse

1

125

Taking, buying, selling or possessing undersize school shark

1

126

Taking, buying, selling or possessing undersize gummy shark

1

127

Taking, buying, selling or possessing certain undersize fish

1

128

Using certain fish as bait without proof of purchase

1

129

Taking shark in shark nursery waters

2

130

Possessing shark fins without their trunks or bodies

2

131

Selling bream

1

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

Notified in the Gazette on 31 October 2001

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 amend the Fisheries (Infringement Notices) Regulations 2001 by making further provision relating to –
(a) the offences under the Fisheries (Scalefish) Rules 2001 in respect of which infringement notices may be issued; and
(b) the penalties payable in respect of those offences.