Fisheries Amendment Rules 2002

Fisheries Amendment Rules 2002

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

BRYAN GREEN

Minister for Primary Industries, Water and Environment

1.   Short title

These rules may be cited as the Fisheries Amendment Rules 2002 .

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 by omitting " Fisheries (Penalty) Regulations 1996 " from the definition of Penalty Regulations and substituting " Fisheries Penalties Regulations 2001 ".

5.    Rule 22 amended (Nature of buoys)

Rule 22(1)(b) of the Principal Rules is amended by omitting "20 centimetres" and substituting "19.5 centimetres".

6.    Rule 22A inserted

After rule 22 of the Principal Rules , the following rule is inserted in Division 2:

22A.   Net mesh measurement

(1)  The mesh size of a net, or part of a net, is to be taken to be the average measurement of 10 adjoining meshes in the net or part of the net.

(2)  The measurement of a mesh in a net, or part of a net, is the longest distance between the inside surface of diagonally opposite knots of the mesh, measured when –

(a) the mesh is held taut; and

(b) the other 2 diagonally opposite knots are touching each other.

7.    Rule 40A substituted

Rule 40A of the Principal Rules is rescinded and the following rule is substituted:

40A.   Taking shellfish for recreational purposes

(1)  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; or

(e) 20 molluscs in one day comprised of any other species of mollusc the taking of which has not been restricted or prohibited in any rules or regulations made under the Living Marine Resources Management Act 1995 .

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(2)  Subrule (1)(e) does not apply to an Aborigine while carrying out an Aboriginal cultural activity.

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

Notified in the Gazette on 16 October 2002

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

EXPLANATORY NOTE

(This note is not part of the rule)

(a) amending the size of a buoy to be used with any fishing gear required to be marked with a buoy; and

(b) providing for matters relating to the measurement of the mesh size of a net; and

(c) providing for limits on taking certain shellfish.