Fisheries (Infringement Notices) Amendment Regulations 2002

Fisheries (Infringement Notices) Amendment Regulations 2002

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 .

4 June 2002

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 2002 .

2.   Commencement

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

3.   Principal Regulations

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

4.    Schedule 1 amended (Offences under Living Marine Resources Management Act 1995 )

Schedule 1 to the Principal Regulations is amended by inserting after

60(1)

Fishing without a licence

4

the following item:

64

Marine farming without a licence

4

5.    Schedule 3 amended (Offences under Fisheries Rules 1999 )

Schedule 3 to the Principal Regulations is amended by omitting

40(2)

Taking for commercial purposes specified species of shellfish

2

and substituting:

40(2)

Taking for commercial purposes shellfish to which that rule applies

2

40A

Taking from State waters in one day more than – (a)  (a) 100 clams or cockles, either as a combination of the two species or as a single species;or

2

(b) 100 mussels; or

(c) 100 molluscs (peri-winkles); or

(d) 50 native oysters

40B

Using fishing gear to take clams or cockles without authority

1

6.    Schedule 4 amended (Offences under Fisheries (Abalone) Rules 2000 )

Schedule 4 to the Principal Regulations is amended by omitting

20(1)(b)

Possessing rock lobster pot, ring or rock lobster on vessel used for commercial purposes

2

and substituting:

20(1)(b)

Possessing rock lobster pot, rock lobster ring or rock lobster on vessel used for commercial purposes

2

20(2)

Possessing or using abalone as bait without authority

3

7.    Schedule 5 amended (Offences under Fisheries (Rock Lobster and Giant Crab) Rules 2001 )

Schedule 5 to the Principal Regulations is amended as follows:

(a) by omitting

51(a)	Failing to weigh rock lobster or giant crab	2
51(b)	Failing to complete part A of quota docket	2
51(c)	Failing to forward quota docket	2
51(d)	Failing to retain pink copy until part B completed	2
51(e)	Failing to unload rock lobster or giant crab before commencing first fishing trip of next season	2

and substituting the following items:

51(1)(a)	Failing to weigh rock lobster or giant crab to be held on fishing vessel	2
51(1)(b)	Failing to complete part A of quota docket as required	2
51(1)(c)	Failing to forward quota docket	2
51(1)(d)	Failing to retain pink copy until part B completed	2
51(1)(e)	Failing to unload rock lobster or giant crab before commencing first fishing trip of next season	2
51(2)(a)	Failing to weigh giant crab that are to be held in fish cauf	2
51(2)(b)	Failing to complete quota docket as required	2
51(2)(c)	Failing to forward pink copy	2
51(2)(d)	Failing to comply with rule 90(11) before placing additional giant crab in fish cauf	2

(b) by inserting after

83(2)

Failing to ensure record book is on vessel as required

2

the following item:

83(3)

Failing to record rock lobster retained for personal use

1

(c) by inserting after

88(1)

Transporting rock lobster or giant crab from specified port of landing without authority

2

the following item:

88A(1)	Failing to record number of dead rock lobster in record of catch on that day	1
88A(2)	Failing to notify a fisheries officer when quantity of dead rock lobster exceeds 20	2

(d) by inserting after

93

Holding or storing rock lobster or giant crab for commercial purposes otherwise than authorised

2

the following item:

93A(1)	Retaining more than allowed amount of rock lobster for personal use	2
93A(2)	Failing to mark rock lobster retained for personal use	1

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

Notified in the Gazette on 12 June 2002

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 –

(a) inserting additional infringement notice offences into Schedules 1, 3, 4 and 5; and

(b) amending certain existing infringement notice offences in Schedules 3, 4 and 5.