Fisheries (Scalefish) Amendment Rules 2003

Fisheries (Scalefish) Amendment Rules 2003

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 (Scalefish) Amendment Rules 2003 .

2.   Commencement

(1)  These rules , other than rule 9 , take effect on the day on which their making is notified in the Gazette.

(2)  Rule 9 takes effect on 1 November 2003.

3.   Principal Rules

In these rules, the Fisheries (Scalefish) Rules 2001 are referred to as the Principal Rules.

4.    Rule 3 amended (Interpretation)

Rule 3 of the Principal Rules is amended by omitting "barbless" from the definition of squid jig .

5.    Rule 8A inserted

Before rule 9 of the Principal Rules , the following rule is inserted in Division 1:

8A.   Granting of certain licences

(1)  This rule applies to a licence of any of the following classes:

(a) class personal;

(b) class seine net;

(c) class scalefish;

(d) class species;

(e) class small-mesh gillnet;

(f) class trawl;

(g) class squid.

(2)  Under section 78 of the Act, the Minister may only grant a licence to which this rule applies if the person lodging the application –

(a) was the holder, as at the previous 28 February, of a licence the same as that applied for or, in the case of an application for a fishing licence (personal), was the holder of a fishing licence (personal) as at the previous 31 August; and

(b) has not transferred the licence; and

(c) lodges the application within 3 months after the expiry of the licence he or she currently holds.

6.    Rule 25 substituted

Rule 25 of the Principal Rules is rescinded and the following rule is substituted:

25.   Fishing licence (rock lobster)

(1)  A fishing licence (rock lobster) authorises the holder to carry on a fishing vessel or use at one time only a maximum of –

(a) 150 metres in length of graball net; and

(b) 200 hooks; and

(c) 2 fish traps.

(2)  The holder of a fishing certificate that specifies a fishing licence (rock lobster) together with either a fishing licence (scalefish A) or a fishing licence (scalefish B) must not carry on, or use from, a fishing vessel any more fishing gear than is authorised by the fishing licence (scalefish A) or the fishing licence (scalefish B).

7.    Rule 30 amended (Use of squid jigs, dipnets and spears)

Rule 30(3) of the Principal Rules is amended as follows:

(a) by omitting "of a licence" and substituting "of a commercial fishing licence";

(b) by omitting "or rule 7(f) ".

8.    Rule 40 amended (Non-transferable endorsements)

Rule 40(1) of the Principal Rules is amended by omitting "28 February 2003" and substituting "28 February 2004".

9.    Rule 62A inserted

After rule 62 of the Principal Rules , the following rule is inserted in Part 3:

62A.   Use of longlines and droplines

(1)  A person using a longline for recreational purposes must ensure that a marker buoy that complies with subrule (3) is attached to each end of the longline.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(2)  A person using a dropline for recreational purposes must ensure that a marker buoy that complies with subrule (3) is attached to the upper end of the dropline.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(3)  For the purposes of this rule, a marker buoy is to be –

(a) not less than 195mm wide at its narrowest point; and

(b) specifically designed as a buoy; and

(c) marked with the surname and date of birth of the person setting the line and –

(i) in the case of a buoy attached to a longline, with the letters "LL"; or

(ii) in the case of a buoy attached to a dropline, with the letters "DL".

10.    Rule 68 amended (Marking of nets)

Rule 68 of the Principal Rules is amended by omitting subrule (3) and substituting the following subrule:

(3)  A person using a graball net for commercial purposes –

(a) must ensure that if the net is used –

(i) in any shark nursery waters, it is marked at one end by a red, orange or pink marker buoy and at the other end by a white marker buoy; or

(ii) in any other waters, it is marked by a white marker buoy and a red, orange or pink marker buoy; and

(b) must ensure that at least one marker buoy on the net is –

(i) at least 195mm at its narrowest point; and

(ii) designed specifically as a fishing buoy.

Penalty:  Fine not exceeding the Grade 1 penalty.

11.    Rule 114 amended (Measurement of size of fish)

Rule 114(b) of the Principal Rules is amended by omitting "forwardmost point" and substituting "tip of the snout".

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

Notified in the Gazette on 5 March 2003

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

EXPLANATORY NOTE

(This note is not part of the rule)

(a) conditions on the granting of certain licences; and

(b) gear allocations for holders of more than one fishing licence; and

(c) marking nets, longlines and droplines.