Fisheries (General and Fees) Amendment Regulations 2002

Fisheries (General and Fees) 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 .

16 December 2002

G. S. M. GREEN

Governor

By His Excellency's Command,

Bryan Green

Minister for Primary Industries, Water and Environment

1.   Short title

These regulations may be cited as the Fisheries (General and Fees) Amendment Regulations 2002 .

2.   Commencement

These regulations 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 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 area A :

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 clam or cockle :

Couta Rocks area means the area of State waters adjacent to the west coast of Tasmania bounded in the north by an imaginary line running due west from the mouth of the Arthur River 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 inserting the following definition after the definition of Fisheries Rules :

fishing licence (abalone dive) means a fishing licence (abalone dive) within the meaning of the Fisheries (Abalone) Rules 2000 ;

(d) by inserting the following definition after the definition of greenlip abalone :

holder of a fishing licence (abalone dive) includes a supervisor of such a licence;

(e) by inserting the following definition after the definition of north coast greenlip area :

northern area means the area of State waters adjacent to the north, north-west and north-east coasts of the mainland of Tasmania, the Furneaux Group of islands and King Island, and those State waters north of an imaginary line running from the northern side of the mouth of the Great Musselroe River at Musselroe Bay due west for 100 metres, following the shoreline 100 metres from shore to the northernmost tip of Musselroe Point, running due north until its junction with the line of latitude 40^o 48' 00" South, and then running due east to the outer limit of State waters, and north of an imaginary line running due west from the mouth of the Arthur River to the outer limit of State waters;

(f) by omitting the definition of north-west area and substituting the following definition:

north-west area means the area of State waters adjacent to the west coast and north-west coast of Tasmania bounded in the north by an imaginary line running from the northernmost point of Woolnorth Point to Brown Rocks and then running due west to the limit of State waters and in the south by an imaginary line running due west from the mouth of the Arthur River to the limit of State waters;

(g) by inserting the following definition after the definition of shellfish :

southern area means the area of State waters adjacent to the east, south-east, south, south-west and west coasts of Tasmania bounded in the north on the east coast by an imaginary line 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 its junction with the line of latitude 40° 48' 00" South, and then running due east to the outer limit of State waters, and bounded in the north on the west coast by an imaginary line running due west from the mouth of the Arthur River to the limit of State waters;

5.    Regulation 6 amended (Taking or possessing abalone)

Regulation 6 of the Principal Regulations is amended as follows:

(a) by omitting from subregulation (1) "132mm" and substituting "127mm";

(b) by omitting from subregulation (2) "132mm" and substituting "127mm";

(c) by omitting from subregulation (3) "127mm" and substituting "114mm".

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

Regulation 6B(a) of the Principal Regulations is amended by omitting "127mm" and substituting "114mm".

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

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

(a) by inserting the following subregulations after subregulation (1A) :

(1B)  The holder of a fishing licence (abalone dive) must not take abalone with a shell length less than 127mm from the northern blacklip area other than the Bass Strait area.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(1C)  The holder of a fishing licence (abalone dive) must not have possession of any abalone with a shell length less than 127mm in the northern blacklip area other than in the Bass Strait area, or on land within one kilometre of any waters within those waters unless –

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

(b) the abalone has a shell length not less than 114mm; and

(c) the abalone was taken in the Bass Strait area.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(b) by inserting the following subregulations after subregulation (2) :

(2A)  The holder of a fishing licence (abalone dive) must not take abalone with a shell length less than 136mm from the Couta Rocks area.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(2B)  The holder of a fishing licence (abalone dive) must not have possession of any abalone with a shell length less than 136mm in the Couta Rocks area or on land within one kilometre of any waters within the Couta Rocks area unless –

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

(b) the abalone has a shell length not less than 132mm.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(c) by inserting in subregulation (3A)(a) "or Bass Strait area" after "area";

(d) by omitting from subregulation (3A)(b) "127mm" and substituting "114mm";

(e) by inserting the following subregulations after subregulation (6) :

(7)  A person must not take abalone with a shell length less than 136mm in the southern area.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(8)  A person who is not the holder of a fishing licence (abalone dive) must not possess any abalone with a shell length less than 136mm the southern area or on land within one kilometre of any waters within the southern area unless that person –

(a) is the holder of a fish processing licence; or

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

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

8.    Regulation 6D amended (Taking or possessing certain abalone)

Regulation 6D(1) of the Principal Regulations is amended by omitting "127mm" and substituting "114mm".

9.    Regulation 20 substituted

Regulation 20 of the Principal Regulations is rescinded and the following regulation is substituted:

20.   Noxious fish

The following species of fish are noxious fish in State waters:

(a) Northern Pacific seastar (Asterias amurensis);

(b) European carp (Cyprinus carpio);

(c) black striped mussel (Mytilopsis sallei);

(d) European shore crab (Carcinus maenas) (also known as green crab);

(e) Undaria pinnatifida, other than in the restricted zone;

(f) giant fan worm (Sabella spallanzanii).

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

Notified in the Gazette on 25 December 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 (General and Fees) Regulations 1996 in relation to the taking and possession of abalone.