Fisheries (Rock Lobster and Giant Crab) Amendment Rules 2002
I make the following rules under the Living Marine Resources Management Act 1995 .
2 February 2002D. E. LLEWELLYN
Minister for Primary Industries, Water and Environment
These rules may be cited as the Fisheries (Rock Lobster and Giant Crab) Amendment Rules 2002 .
These rules take effect on 15 February 2002.
In these rules, the Fisheries (Rock Lobster and Giant Crab) Rules 2001 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 Penalty Regulations and substituting the following definition:Penalty Regulations means the Fisheries Penalties Regulations 2001 ;(b) by omitting "rock lobster" twice occurring from paragraph (a) of the definition of site of unloading and substituting "fish".
5. Rule 41 amended (Taking rock lobster or giant crab in accordance with rock lobster quota units)
Rule 41(3) of the Principal Rules is amended by omitting "150" and substituting "300".
6. Rule 42 amended (Quota units held on licence)
Rule 42(2) of the Principal Rules is amended by omitting "150" and substituting "300".
7. Rule 46 amended (Limit on quota units and licences)
Rule 46(2)(a) of the Principal Rules is amended by omitting "a total of 150" and substituting "300".
8. Rule 49 amended (Deduction for excess)
Rule 49 of the Principal Rules is amended by inserting after subrule (2) the following subrules:(3) A deduction from the rock lobster quota unit balance or the giant crab quota unit balance may exceed the quantity specified in subrule (1)(e) or subrule (2)(c) if the holder of the commercial fishing licence demonstrates that the excess quantity of fish was taken unintentionally.(4) In a case to which subrule (3) applies, the Minister is to ensure that an amount equivalent to the quantity of the fish taken in excess of the quantity specified in subrule (1)(e) or subrule (2)(c) is deducted from the rock lobster quota unit balance or giant crab quota unit balance, as appropriate, for the following year.
9. Rule 51 substituted
Rule 51 of the Principal Rules is rescinded and the following rule is substituted:51. Deduction of rock lobster or giant crab from quota at end of open season
(1) The holder of a commercial fishing licence who intends holding rock lobster or giant crab on the fishing vessel during a closed season must –(a) weigh rock lobster or giant crab that are to remain on the fishing vessel during the closed season within 48 hours of the start of the closed season; and(b) complete Part A of the commercial rock lobster quota docket or commercial giant crab quota docket and enter on the docket that the rock lobster or giant crab have not been unloaded and are still on the fishing vessel; and(c) forward a copy of the commercial rock lobster quota docket or commercial giant crab quota docket to the Secretary within 48 hours; and(d) retain the pink copy until the rock lobster or giant crab are unloaded and Part B is completed according to the method of sale; and(e) unload the rock lobster or giant crab before the commencement of the first fishing trip of the next open season.Penalty: Fine not exceeding the applicable Grade 3 penalty.(2) The holder of a fishing licence (giant crab) who intends to hold giant crab in a fish cauf during a closed season –(a) must weigh the giant crab that are to be held in the fish cauf within 48 hours of the start of the closed season; and(b) must complete the commercial giant crab quota docket and enter on it that the giant crab are being held in the fish cauf; and(c) must forward the pink copy of the commercial giant crab quota docket to the Secretary within 48 hours; and(d) must not place any additional giant crab in the fish cauf unless rule 90(11) has been complied with.Penalty: Fine not exceeding the applicable Grade 3 penalty.
10. Rule 52 amended (Allocation of uncaught portion)
Rule 52 of the Principal Rules is amended as follows:(a) by inserting in subrule (3) "on a permanent basis" after "transferred";(b) by omitting subrules (4) and (5) .
11. Rule 52A inserted
After rule 52 of the Principal Rules , the following rule is inserted in Part 4:52A. Research catch allocation
(1) The Secretary may increase the value of the rock lobster carry over unit instead of payment for approved research undertaken by the holder of the fishing licence (rock lobster).(2) The Secretary is not to increase the value of all rock lobster carry over units so that the total value exceeds 1% of the total allowable catch.
12. Rule 57 amended (Use of traps)
Rule 57(2) of the Principal Rules is amended by omitting "these rules" and substituting "the configuration of a rock lobster pot as specified in rule 53 ".
13. Rule 59 amended (Marker buoys on pots, traps and longlines)
Rule 59(6) of the Principal Rules is amended as follows:(a) by inserting ", trap" after "pot";(b) by omitting from paragraph (b) "20" and substituting "19.5".
14. Rule 66 amended (Unloading report)
Rule 66 of the Principal Rules is amended as follows:(a) by omitting subrule (3) and substituting the following subrule:(3) Subrules (1) and (2) do not apply to the holder of a fishing licence (rock lobster) who only unloads up to 5 rock lobster in a fishing trip for personal use in accordance with rule 93A .(b) by inserting the following subrules after subrule (6) :(7) The holder of a commercial fishing licence –(a) must not unload rock lobster or giant crab before the estimated time of unloading specified in the unloading report; and(b) must commence unloading rock lobster or giant crab within 2 hours after the estimated time of unloading specified in the unloading report.Penalty: Fine not exceeding the applicable Grade 3 penalty.(8) The holder of a commercial fishing licence who is unable to commence unloading rock lobster or giant crab within 2 hours after the estimated time of unloading specified in the unloading report must make another unloading report in accordance with subrule (1) .Penalty: Fine not exceeding the applicable Grade 3 penalty.
15. Rule 76 amended (Commercial rock lobster quota docket – Part A)
Rule 76 of the Principal Rules is amended by omitting subrule (2) and substituting the following subrule:(2) Subrule (1) does not apply to the holder of a fishing licence (rock lobster) who only unloads up to 5 rock lobster in a fishing trip for personal use in accordance with rule 93A .
16. Rule 79 amended (Fish dispatch docket)
Rule 79(1) of the Principal Rules is amended by inserting "or is required to comply with rule 91(3) " after " rule 62 ".
17. Rule 83 amended (Record of rock lobster catch)
Rule 83 of the Principal Rules is amended by inserting after subrule (2) the following subrule:(3) The holder of a fishing licence (rock lobster) must record any rock lobster retained for personal use in the rock lobster catch record book.Penalty: Fine not exceeding the applicable Grade 2 penalty.
18. Rule 87 amended (Exporting rock lobster or giant crab)
Rule 87 of the Principal Rules is amended as follows:(a) by omitting from subrule (2)(h) "docket." and substituting "docket; and";(b) by inserting the following paragraph after paragraph (h) in subrule (2) :(i) unload and sell all the rock lobster or giant crab to the holder of a fish processing licence.(c) by inserting the following subrule after subrule (5) :(6) The holder of a commercial fishing licence authorised under subrule (1) must unload all rock lobster or giant crab before commencing another fishing trip.Penalty: Fine not exceeding the applicable Grade 3 penalty.
19. Rule 88 amended (Transporting rock lobster or giant crab for sale)
Rule 88(3) of the Principal Rules is amended by omitting "are transported" and substituting "are to be transported".
20. Rule 88A inserted
After rule 88 of the Principal Rules , the following rule is inserted in Part 8:88A. Record of dead rock lobster
(1) The holder of a fishing licence (rock lobster) who, at the time of unloading rock lobster from the fishing vessel, finds a quantity of dead rock lobster on the fishing vessel must record the number of those dead rock lobster in the record of rock lobster catch on that day.Penalty: Fine not exceeding the applicable Grade 3 penalty.(2) If the quantity of dead rock lobster on the fishing vessel exceeds 20, the holder of a fishing licence (rock lobster) must notify a fisheries officer by telephone or facsimile to arrange to have the rock lobster inspected and removed by a fisheries officer.Penalty: Fine not exceeding the applicable Grade 3 penalty.(3) Any dead rock lobster removed from a fishing vessel and retained by a fisheries officer –(a) is taken not to be unloaded from the fishing vessel; and(b) is not to be deducted from the rock lobster quota unit balance.
21. Rule 90 amended (Fish caufs and holding tanks for commercial purposes)
Rule 90 of the Principal Rules is amended by inserting after subrule (10) the following subrules:(11) The holder of a licence endorsed under subrule (1) to use a fish cauf who intends to hold giant crab during a closed season –(a) must not place any giant crab taken by another person in the fish cauf; and(b) must not place any giant crab in the fish cauf unless Part A and Part B of the commercial giant crab quota docket have been completed in respect of the giant crab; and(c) must complete a commercial giant crab quota docket for all subsequent giant crab placed in the fish cauf.Penalty: Fine not exceeding the applicable Grade 3 penalty.(12) Subrule (11)(c) does not apply if all the giant crab in the fish cauf, including the giant crab held during the closed season, are removed from the fish cauf.
22. Rule 91 amended (Removing rock lobster from fish cauf or holding tank)
Rule 91 of the Principal Rules is amended by inserting after subrule (2) the following subrule:(3) The holder of a fishing licence (giant crab) who removes giant crab from a fish cauf and who has completed the commercial giant crab quota docket in respect of the giant crab must –(a) comply with rule 66 ; and(b) complete a fish dispatch docket before the giant crab leave the site of unloading.Penalty: Fine not exceeding the applicable Grade 3 penalty.
23. Rule 93A inserted
After rule 93 of the Principal Rules , the following rule is inserted in Part 8:93A. Rock lobster for personal use
(1) The holder of a fishing licence (rock lobster) must not retain for personal use, during a fishing trip, more than one rock lobster for each day of the fishing trip up to a total of 5 rock lobster during the whole fishing trip.Penalty: Fine not exceeding the applicable Grade 2 penalty.(2) The holder of a fishing licence (rock lobster) must mark rock lobster retained for personal use in accordance with rule 95 before the rock lobster leaves the site of unloading.Penalty: Fine not exceeding the applicable Grade 2 penalty.
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 13 February 2002
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 –(a) deduction for excess; and(b) allocation of uncaught portion; and(c) use of traps; and(d) marker buoys; and(e) reporting requirements; and(f) unloading requirements; and(g) recording of dead rock lobster.