Fisheries Amendment Rules 2001

Fisheries Amendment Rules 2001

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

D. E. LLEWELLYN

Minister for Primary Industries, Water and Environment

1.   Short title

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

2.   Commencement

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

3.   Principal Rules

In these rules, the Fisheries Rules 1999 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 omitting the definition of board trawl net ;

(b) by omitting paragraph (b) from the definition of clam or cockle and substituting the following paragraph:

(b) native oyster;

(c) by omitting the definition of Danish seine net ;

(d) by inserting the following definition after the definition of marine plant :

mollusc (periwinkle) means mollusc of the genus Turbo (commonly known as periwinkles);

(e) by inserting the following definition after the definition of native marine plant :

native oyster means shellfish of the species Ostrea angasi;

(f) by omitting the definition of pelagic trawl net ;

(g) by omitting the definitions of trawl fishing licence and trawl net ;

(h) by omitting the definition of whiting codend .

5.    Rule 7 amended (Classes of fishing licences)

Rule 7 of the Principal Rules is amended by omitting paragraph (l) .

6.    Rule 9 substituted

Rule 9 of the Principal Rules is rescinded and the following rule is substituted:

9.   Taking fish without fishing licence (personal)

(1)  A person must not take fish for sale unless the person is the holder of a fishing licence (personal).

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(2)  A person who is not the holder of a fishing licence (personal) must not –

(a) supervise the activities of a fishing licence that is not –

(i) a recreational fishing licence; or

(ii) a fishing licence (marine plant); or

(b) sell fish taken by that person under the authority of a permit issued under section 14 of the Living Marine Resources Management Act 1995 .

7.    Rule 12 amended (Closed and open season)

Rule 12 of the Principal Rules is amended by omitting subrule (5) .

8.    Rules 40A and 40B inserted

After rule 40 of the Principal Rules , the following rules are inserted in Division 3:

40A.   Taking shellfish for recreational purposes

A person, unless otherwise authorised, must not take from State waters more than –

(a) 100 clams or cockles in one day; or

(b) 100 mussels in one day; or

(c) 100 molluscs (periwinkles) in one day; or

(d) 50 native oysters in one day.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

40B.   Using fishing gear to take clams or cockles

A person, unless otherwise authorised, must not use any fishing gear to take clams or cockles.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

9.    Part 6 rescinded

Part 6 of the Principal Rules is rescinded.

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

Notified in the Gazette on 5 December 2001

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

EXPLANATORY NOTE

(This note is not part of the rule)

(a) prohibit a person who is not the holder of a fishing licence (personal) to supervise activities under certain licences; and

(b) provide for limits on taking certain shellfish; and

(c) prohibit taking certain shellfish by any fishing gear; and

(d) rescind provisions relating to the trawl fishery.