Fisheries (Abalone) Amendment Rules 2002

Fisheries (Abalone) Amendment Rules 2002

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

2 December 2002

Bryan Green

Minister for Primary Industries, Water and Environment

1.   Short title

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

2.   Commencement

These rules take effect on the day on which their making is notified in the Gazette or on 1 January 2003 whichever is the later.

3.   Principal Rules

In these rules, the Fisheries (Abalone) Rules 2000 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 inserting the following definition after the definition of Act :

Bass Strait area means the area of State waters adjacent to the north coast of Tasmania and in Bass Strait bounded in the west by the line of longitude 145° 22’ 42” East and in the east by an imaginary line beginning where the line of longitude 147° 27’ 00” East meets the high-water mark of the north coast of the mainland of Tasmania in Anderson Bay then running due north until its junction with the line of latitude 40° 00’ 36.32” South then due east along that line of latitude until its junction with the high-water mark of the west coast of Flinders Island then following the high-water mark of Flinders Island in a generally clockwise direction until its junction with the line of longitude 148° 07’ 14.81” East then due north along that line of longitude to the limit of State waters;

(b) by inserting the following definition after the definition of closed season :

designated port means any one or more of the following:

(a) Killiecrankie on Flinders Island;

(b) Bridport;

(c) George Town;

(d) Beauty Point;

(e) Port Sorell;

(f) Devonport;

(g) Burnie;

(h) Wynyard;

(i) Sisters Beach;

(c) by omitting paragraph (b) from the definition of mother boat ;

(d) by omitting "dinghy" from paragraph (d)(ii) of the definition of mother boat and substituting "vessel";

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

Penalty Regulations means the Fisheries Penalties Regulations 2001 ;

5.    Rule 7 amended (Classes of fishing licences)

Rule 7 of the Principal Rules is amended by omitting paragraph (b) and substituting the following paragraphs:

(b) class vessel, fishing licence (vessel);

(c) class personal, fishing licence (personal);

(d) class recreational, fishing licence (recreational abalone).

6.    Rule 12 amended (Authority of abalone licences)

Rule 12 of the Principal Rules is amended by inserting after subrule (2) the following subrules:

(3)  A fishing licence (recreational abalone) only authorises the holder of the licence to take abalone for recreational purposes.

(4)  A person must not take abalone for recreational purposes unless the person is the holder of a fishing licence (recreational abalone).

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(5)  A person must not take any abalone for commercial purposes unless the person is the holder of a fishing licence (abalone dive) and a fishing licence (personal).

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

7.    Rule 21 amended (Abalone meat)

Rule 21 of the Principal Rules is amended as follows:

(a) by omitting subrule (2) and substituting the following subrule:

(2)  A person must not have possession of any abalone meat, other than greenlip abalone meat, that is less than 90 grams in weight unless –

(a) the person is the holder of a fish processing licence endorsed to process abalone; or

(b) the person has bought or received the abalone from a fish merchant; or

(c) the abalone is blacklip abalone taken from the northern area.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(b) by inserting in subrule (3) "or the Bass Strait area" after "area".

8.    Rule 22A amended (Taking abalone in certain areas)

Rule 22A of the Principal Rules is amended as follows:

(a) by inserting in subrule (1) "blacklip" after "take";

(b) by inserting in subrule (2) "blacklip" after "take";

(c) by inserting in subrule (3) "blacklip" after "taking";

(d) by inserting in subrule (4) "blacklip" after "taken";

(e) by inserting in subrule (5) "blacklip" after "take";

(f) by inserting in subrule (6) "blacklip" after "taken".

9.    Rule 22AB inserted

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

22AB.   Taking abalone in Bass Strait area

(1)  If the holder of a fishing licence (abalone dive) intends to take blacklip abalone in the Bass Strait area on a fishing trip, the holder, subject to subrules (2) and (4)  –

(a) must start and end that fishing trip within the Bass Strait area; and

(b) must not enter State waters that are not within the Bass Strait area.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(2)  The holder of a fishing licence (abalone dive) intending to take blacklip abalone in the Bass Strait area on a fishing trip may start the fishing trip from outside that area if –

(a) the holder undertakes the fishing trip on a mother boat; and

(b) the holder completes a prior fishing report before the mother boat leaves port commencing that fishing trip; and

(c) no abalone is on the mother boat before it enters the Bass Strait area; and

(d) the supervisor of the fishing licence (vessel) under which the mother boat is authorised to carry abalone has completed a leaving port report; and

(e) all dinghies on that mother boat are securely fastened for the duration of the fishing trip while the mother boat is in any State waters other than the Bass Strait area; and

(f) the mother boat on which the fishing trip is undertaken is fitted with a vessel monitoring system.

(3)  If taking blacklip abalone in the Bass Strait area on a fishing trip, the holder of a fishing licence (abalone dive) must not take abalone or dive or swim on that fishing trip in State waters that are not within the Bass Strait area.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(4)  If during a fishing trip the holder of a fishing licence (abalone dive) has taken blacklip abalone in the Bass Strait area, the holder may enter State waters not within that area if –

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

(b) the supervisor of the fishing licence (vessel) under which the mother boat is authorised to carry abalone has completed a leaving area report; and

(c) if the mother boat leaves the Bass Strait area at the eastern boundary of the Bass Strait area at an imaginary line beginning where the line of longitude 147° 27’ 00” East meets the high-water mark of the north coast of the mainland of Tasmania in Anderson Bay then running due north until its junction with the line of latitude 40° 00’ 36.32” South then due east along that line of latitude until its junction with the high-water mark of the west coast of Flinders Island then following the high-water mark of Flinders Island in a generally clockwise direction until the junction with the line of longitude 148° 07’ 14.81” East then due north along that line of longitude to the limit of State waters, the mother boat –

(i) completes that fishing trip north of an imaginary line running east from the tip of St Helens point to the outer limit of State waters or within the waters of Georges Bay; and

(ii) does not enter State waters south of that line running east from St Helens Point other than Georges Bay; and

(d) if the mother boat leaves the Bass Strait area at the western boundary of the Bass Strait area at the line of longitude 145° 22’ 42” East, the mother boat –

(i) completes that fishing trip within the waters of the northern blacklip area; and

(ii) does not enter State waters that are not within the northern blacklip area; and

(e) the mother boat proceeds directly to the point of unloading after leaving the Bass Strait area; and

(f) all dinghies on that mother boat are securely fastened for the duration of the fishing trip while the mother boat is in any State waters other than the Bass Strait area; and

(g) the mother boat on which the fishing trip is undertaken is fitted with a vessel monitoring system.

(5)  The holder of a fishing licence (abalone dive) must not take blacklip abalone in the Bass Strait area on a fishing trip unless the intention to take those abalone is stated in the prior fishing report relating to that fishing trip.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

10.    Rules 22B and 22BA substituted

Rules 22B and 22BA of the Principal Rules are rescinded and the following rules are substituted:

22B.   Mother boat requirements

(1)  If undertaking a fishing trip for which the supervisor of a fishing licence (vessel) under which the mother boat is authorised to carry abalone has made a leaving port report, the supervisor must ensure that –

(a) abalone are not taken from State waters other than the northern area; and

(b) abalone are not on the mother boat before it enters the northern area; and

(c) all dinghies on the mother boat are securely fastened on the vessel while it is in any State waters other than the northern area.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(2)  If undertaking a fishing trip for which the supervisor of a fishing licence (vessel) under which a mother boat is authorised to carry abalone has made a leaving port report, and the holder of a fishing licence (abalone dive) undertaking that fishing trip has indicated in a prior fishing report the intention to take blacklip abalone from the Bass Strait area on that fishing trip, the supervisor must ensure that –

(a) abalone are not taken from State waters other than the Bass Strait area; and

(b) abalone are not on the mother boat before it enters the Bass Strait area; and

(c) all dinghies on the mother boat are securely fastened on the vessel while it is in any State waters other than the Bass Strait area.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

22BA.   Completing certain fishing trips within certain area

(1)  The supervisor of a fishing licence (vessel) under which a mother boat is authorised to carry abalone who undertakes a fishing trip carrying the holder of a fishing licence (abalone dive) who has dived for, or has taken, blacklip abalone on that fishing trip in the northern area must complete that fishing trip within the northern area unless –

(a) the supervisor has completed a leaving area report; and

(b) the mother boat completes that fishing trip –

(i) on the west coast of Tasmania north of an imaginary line running due west from Cape Sorell to the outer limit of State waters or within Macquarie Harbour; or

(ii) on the east coast of Tasmania north of an imaginary line running due east from the tip of St Helens Point or within the waters of Georges Bay; and

(c) the mother boat does not enter State waters south of the boundaries referred to in paragraph (b) other than in Macquarie Harbour or the channel into Macquarie Harbour on the west coast or the waters of Georges Bay on the east coast; and

(d) all dinghies on that mother boat are securely fastened for the duration of the fishing trip while the mother boat is in any State waters other than the northern area; and

(e) the mother boat is fitted with a vessel monitoring system; and

(f) the mother boat proceeds directly to the port of unloading after leaving the northern area.

(2)  The supervisor of a fishing licence (vessel) under which a mother boat is authorised to carry abalone who undertakes a fishing trip carrying the holder of a fishing licence (abalone dive) who has dived for, or has taken, blacklip abalone on that fishing trip in the Bass Strait area must complete that fishing trip within the Bass Strait area unless –

(a) the supervisor has completed a leaving area report; and

(b) the mother boat completes that fishing trip –

(i) in State waters within the northern blacklip area; or

(ii) on the north-east or east coast of Tasmania or other islands in State waters north of an imaginary line running due east from the tip of St Helens Point to the outer limit of State waters or within the waters of Georges Bay; and

(c) the mother boat does not enter State waters that are not within the boundaries referred to in paragraph (b) except the waters of Georges Bay on the east coast; and

(d) all dinghies on that mother boat are securely fastened for the duration of the fishing trip while the mother boat is in any State waters other than the Bass Strait area; and

(e) the mother boat is fitted with a vessel monitoring system; and

(f) the mother boat proceeds directly to the port of unloading after leaving the Bass Strait area.

11.    Rule 22CA inserted

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

22CA.   Vessel monitoring system for Bass Strait area

(1)  The holder of a fishing licence (abalone dive) must not undertake a fishing trip on a fishing vessel during which the holder takes, or intends to take, blacklip abalone in the Bass Strait area unless that vessel is –

(a) fitted with a vessel monitoring system; or

(b) launched and retrieved from a designated port; or

(c) transported by, and operates from, a mother boat where that operation includes –

(i) the transportation to and from areas of fishing; and

(ii) the carriage, storage and transportation to the port of unloading of all abalone taken by the holder of that licence on that fishing trip.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(2)  The supervisor of a fishing licence (vessel) under which a mother boat is authorised to carry abalone must not undertake a fishing trip on a fishing vessel carrying the holder of a fishing licence (abalone dive) during which that holder takes, or intends to take, blacklip abalone in the Bass Strait area unless that vessel is fitted with a vessel monitoring system.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

12.    Rule 22D substituted

Rule 22D of the Principal Rules is rescinded and the following rule is substituted:

22D.   Processor handling of small abalone

(1)  The holder of a fish processing licence, on receipt of blacklip abalone taken from the northern blacklip area, must –

(a) transport and hold that abalone, before processing, in bins, containers or holding tanks; and

(b) ensure that the bins, containers or holding tanks are marked with the words "northern area" or a red tag marked with the words "northern area".

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(2)  The holder of a fish processing licence, on receipt of blacklip abalone taken from the Bass Strait area, must –

(a) transport and hold that abalone, before processing, in bins, containers or holding tanks; and

(b) ensure that the bins, containers or holding tanks are marked with the words "Bass Strait area" or a red tag marked with the words "Bass Strait area".

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

13.    Rule 24 amended (Prior fishing report)

Rule 24 of the Principal Rules is amended by inserting after subrule (1B) the following subrule:

(1C)  If the holder of a fishing licence (abalone dive) intends to take blacklip abalone in the Bass Strait area on a fishing trip, the holder must indicate that intention in the prior fishing report relating to that fishing trip.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

14.    Rule 24B amended (Leaving port report)

Rule 24B of the Principal Rules is amended as follows:

(a) by inserting in subrule (1)(b) "blacklip" after "take";

(b) by inserting the following subrule after subrule (1) :

(1A)  The supervisor of a fishing licence (vessel) authorising a mother boat to carry abalone must make a leaving port report to the reporting service not more than 24 hours and not less than 2 hours before the start of a fishing trip if –

(a) the supervisor intends to take the holder of a fishing licence (abalone dive) on that fishing trip; and

(b) the holder intends to take blacklip abalone in the Bass Strait area on that fishing trip; and

(c) the fishing trip starts outside the Bass Strait area.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

15.    Rule 24C amended (Leaving area report)

Rule 24C of the Principal Rules is amended by inserting after subrule (1) the following subrule:

(1A)  The supervisor of a fishing licence (vessel) under which the mother boat is authorised to carry abalone who intends to leave the Bass Strait area to enter State waters as permitted by rule 22AB or 22BA must make a leaving area report to the reporting service not less than 2 hours before leaving the Bass Strait area.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

16.    Rule 35 amended (Landing areas)

Rule 35 of the Principal Rules is amended by inserting after paragraph (k) the following paragraph:

(ka) at Southport at the boat ramp on the northern side of the Southport narrows, an area that is within 50 metres of the landward side of the high-water mark of that boat ramp, including Kingfish Beach Road in an easterly direction of that boat ramp until that road intersects with the Huon Highway, and an area 30 metres in any direction from the centre of that intersection;

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

Notified in the Gazette on 11 December 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 amend the Fisheries (Abalone) Rules 2000 in relation to the taking of blacklip abalone in the Bass Strait area and the northern area.