Fisheries (General and Fees) Amendment Regulations (No. 2) 2001

Fisheries (General and Fees) Amendment Regulations (No. 2) 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 .

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 (General and Fees) Amendment Regulations (No. 2) 2001 .

2.   Commencement

These regulations take effect on 1 January 2002.

3.   Principal Regulations

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 deed fee :

east coast area means the area of State waters adjacent to the east, south-east and south coasts of Tasmania bounded in the north by an imaginary line starting 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 40^o 48' 00" South and running due east to the outer limit of State waters and bounded in the south by an imaginary straight line running due south from Whale Head near South East Cape to the outer limit of State waters;

(b) by inserting the following definition after the definition of northern blacklip area :

north-west area means the area of State waters adjacent to the north-west coast of Tasmania between an imaginary line in the north from the northernmost point of Woolnorth Point to Brown Rocks and running due west to the limit of State waters and in the south by an imaginary line running due west from Wild Wave River near Sandy Cape to the limit of State waters;

(c) by omitting the definition of Penalty Regulations and substituting the following definition:

Penalty Regulations means the Fisheries (Penalty) Regulations 2001 ;

(d) by omitting the definition of stamp duty and substituting the following definition:

stamp duty means duty payable under the Duties Act 2001 ;

5.    Regulation 6B amended (Possession by fish processing licence holder)

Regulation 6B(b) of the Principal Regulations is amended by omitting "140mm" and substituting "145mm".

6.    Regulation 6C amended (Taking or possessing abalone in certain waters)

Regulation 6C of the Principal Regulations is amended as follows:

(a) by omitting subregulations (2) and (3) and substituting the following subregulations:

(2)  The holder of a fishing licence (abalone dive) must not have possession of abalone with a shell length less than 132mm in the waters of the north-west area or on land within one kilometre of those waters.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(3)  The holder of a fishing licence (abalone dive) must not take abalone with a shell length less than 132mm from the waters of the north-west area.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(3A)  The holder of a fishing licence (abalone dive) must not have possession of abalone with a shell length less than 136mm in the waters of the east coast area or on land within one kilometre of those waters unless –

(a) those abalone were taken in the northern blacklip area; and

(b) those abalone do not have a shell length less than 127mm; and

(c) the holder is undertaking a fishing trip on a mother boat; and

(d) 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 or within the waters of Georges Bay.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(3B)  The holder of a fishing licence (abalone dive) must not take abalone with a shell length less than 136mm from the waters of the east coast area.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(b) by omitting from subregulation (4) "155mm" twice occurring and substituting "150mm";

(c) by omitting subregulation (5) and substituting the following subregulation:

(5)  The holder of a fishing licence (abalone dive) must not take, or have possession of, greenlip abalone with a shell length less than 145mm.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

7.    Schedule 1 substituted

Schedule 1 to the Principal Regulations is rescinded and the following Schedule is substituted:

SCHEDULE 1 - Licence fees

Regulation 8

PART 1 - Fishing licences

1.	Fishing licence (personal) – Renewal	90 fee units
2.	Fishing licence (vessel)
	(a) Renewal	300 fee units
	(b) Transfer –
	(i) if transfer liable for stamp duty	1 500 fee units
	(ii) if transfer not liable for stamp duty or nominal stamp duty	50 fee units
	(c) Variation –
	(i) change of fishing vessel on licence	75 fee units
	plus each fishing licence on fishing certificate	50 fee units
	(ii) removal of fishing vessel from licence	25 fee units
	plus each fishing licence on fishing certificate	25 fee units
	(iii) entry of fishing vessel on licence	75 fee units
	plus each fishing licence on fishing certificate	50 fee units
3.	Fishing licence (abalone dive)
	(a) Renewal	100 fee units
	(b) Transfer	250 fee units
	(c) Granting approval of other form of supervision of activity under licence	200 fee units
4.	Fishing licence (abalone quota)
	(a) Renewal	$100
	(b) Variation	75 fee units
	(c) Transfer, each quota unit	20 fee units
5.	Fishing licence (commercial dive) – Renewal	300 fee units
6.	Fishing licence (mackerel – category A)
	(a) Renewal (no quota)	50 fee units
	(b) Variation (increase quota), each tonne	4.03 fee units
7.	Fishing licence (mackerel – category B) – Renewal	7 500 fee units
8.	Fishing licence (recreational)
	(a) Renewal –
	(i) one licence (pensioner)	20 fee units
	(ii) one licence (child)	20 fee units
	(iii) one licence (other)	35 fee units
	(iv) each additional licence	5 fee units
	(b) Variation –
	(i) application	5 fee units
	(ii) each additional licence	5 fee units
	(c) Tags – replacement	5 fee units
9.	Fishing licence (scallop)
	(a) Renewal, each scallop unit –
	(i) 2002	$7
	(ii) 2003	$8
	(iii) 2004	$8
	(b) Research levy, each scallop unit at renewal	$2
	(c) Transfer of licence or scallop unit, each transfer	50 fee units
	(d) Fishery management fee, each scallop unit –
	(i) 2002	$17
	(ii) 2003	$17
	(iii) 2004	$17
10.	Fishing licence (scallop spat collection)
	(a) Renewal	280 fee units
	(b) plus each boat named on the licence	20 fee units
11.	Fishing licence (giant crab)
	(a) Renewal, each quota unit	135 fee units
	(b) Annual fee to take giant crab, each unit	150 fee units
	(c) Transfer	50 fee units
	(d) Variation (seasonal quota transfer)	50 fee units
12.	Fishing licence (rock lobster)
	(a) Renewal, each quota unit	190.48 fee units
	(b) Transfer	50 fee units
	(c) Variation (seasonal quota transfer)	50 fee units
13.	Fishing licence (recreational special rock lobster) – Application
	(a) for 28 days	50 fee units
	(b) for 14 days	30 fee units
14.	Fishing licence (general trawl) – Renewal	200 fee units
15.	Fishing licence (limited trawl) – Renewal	200 fee units
16.	Fishing licence (marine plant) – Renewal	1 000 fee units
17.	Fishing licence (Undaria) – Renewal, each kilogram	0.10 fee units
18.	Fishing licence (mussel spat collection)
	(a) Renewal	280 fee units
	(b) plus each boat named on licence	20 fee units
19.	Scalefish licences
	(a) fishing licence (purse seine net)	342.86 fee units
	(b) fishing licence (beach seine A)	342.86 fee units
	(c) fishing licence (beach seine B)	209.52 fee units
	(d) fishing licence (scalefish A)	342.86 fee units
	(e) fishing licence (scalefish B)	209.52 fee units
	(f) fishing licence (scalefish C)	142.86 fee units
	(g) fishing licence (banded morwong)	342.86 fee units
	(h) fishing licence (wrasse)	209.52 fee units
	(i) fishing licence (Australian salmon)	685.71 fee units
	(j) fishing licence (small-mesh gillnet)	209.52 fee units
20.	Fishing licence (automatic squid jig) – 2002	238.10 fee units

PART 2 - Fish processing licences

1.	Renewal, a calendar year, in respect of any amount of abalone or rock lobster or 10 tonnes or more of other species	50 fee units
2.	Endorsement for rock lobster –
	(a) processing less than 5 tonnes a calendar year	150 fee units
	(b) processing 5 tonnes or more a calendar year	1 150 fee units
3.	Endorsement for abalone	1 150 fee units

PART 3 - Handling licences

1.	Renewal	50 fee units
2.	Endorsement for rock lobster –
	(a) handling less than 5 tonnes of rock lobster a calendar year	100 fee units
	(b) handling 5 tonnes or more of rock lobster a calendar year	1 100 fee units

PART 4 - Marine farming licences

1. Renewal or variation in respect of species not farmed on land –
(a) Bivalve
one species	1 750 fee units
each additional species	100 fee units
(b) Finfish
one species	1 750 fee units
each additional species	100 fee units
(c) Seaweed	400 fee units
(d) Abalone
one species	1 550 fee units
each additional species	100 fee units
(e) Other species	100 fee units
2. Renewal or variation in respect of species farmed on land –
(a) Abalone
one species	1 550 fee units
each additional species	100 fee units
(b) Other species	300 fee units
3. Transfer –
(a) for species farmed on land	300 fee units
(b) for species not farmed on land	480 fee units

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

Notified in the Gazette on 19 December 2001

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

EXPLANATORY NOTE

(This note is not part of the regulation)

(a) updating certain definitions; and

(b) making further provision relating to taking and possessing abalone in certain areas; and

(c) prescribing revised fees for licences.