Inland Fisheries (Recreational Fishing) Amendment Regulations (No. 2) 2003

Inland Fisheries (Recreational Fishing) Amendment Regulations (No. 2) 2003

I, the Lieutenant-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 Inland Fisheries Act 1995 .

W. J. E. Cox

Lieutenant-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 Inland Fisheries (Recreational Fishing) Amendment Regulations (No. 2) 2003 .

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 Inland Fisheries (Recreational Fishing) Regulations 1999 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 artificial fly :

bait means any animal that –

(a) is stored alive or dead for the purpose of bait; or

(b) is used alive or dead as bait;

(b) by inserting the following definition after the definition of ground bait :

hand-held rod means a rod that is continuously held in the hands of a person whilst that person is fishing;

(c) by inserting the following definition after the definition of trolling :

Upper Mersey Lakes Rainbow Fishery means –

(a) Lake Meston, Junction Lake and Lake Youd; and

(b) the main stem of the Mersey River that flows within the Western Lakes and the tributaries that flow off that main stem;

(d) by omitting the definition of Western Lakes and substituting the following definition:

Western Lakes means –

(a) the Central Plateau Conservation Area west of the Lake Highway; and

(b) the Walls of Jerusalem National Park;

5.    Regulation 10 amended (Use of equipment)

Regulation 10 of the Principal Regulations is amended as follows:

(a) by inserting in subregulation (1) ", not referred to in subregulation (1A) ," after "person";

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

(1A)  A person must not take fish from Lake Augusta or Lake Mackenzie using –

(a) more than one hand-held rod and line at a time; or

(b) more than 2 baits or one lure and one bait at a time; or

(c) 2 baits, together with one or more artificial flies, at a time.

Penalty:  Fine of not less than 1 penalty unit and not more than 5 penalty units and a special penalty of 1 penalty unit for each fish.

6.    Regulation 13 amended (Unattended equipment)

Regulation 13 of the Principal Regulations is amended as follows:

(a) by omitting from subregulation (1) "in any inland waters using an unattended set rod." and substituting "using an unattended set rod –";

(b) by inserting the following paragraphs before the penalty in subregulation (1) :

(a) in any inland waters; or

(b) and bait in Lake Augusta or Lake Mackenzie.

(c) by omitting from subregulation (2) " Subregulation (1) " and substituting " Subregulation (1)(a) ".

7.    Regulation 15 amended (Minimum sizes of fish)

Regulation 15 of the Principal Regulations is amended as follows:

(a) by omitting paragraphs (g) and (h) from subregulation (1) ;

(b) by omitting subregulation (2) and substituting the following subregulations:

(2)  Subregulation (1)(a) does not apply to a person who takes fish in State waters that are not excepted waters.

(2A)  A person must not take any salmon that is less than 220 millimetres in length from the following waters:

(a) Lake Augusta;

(b) Lake Kay.

Penalty:  Fine of not less than 1 penalty unit and not more than 5 penalty units and a special penalty of 1 penalty unit for each fish.

(2B)  A person must not take any salmon that is less than 420 millimetres in length from the following waters:

(a) Lake Agnes;

(b) Lake Baille;

(c) Lake Botsford;

(d) Carter Lakes;

(e) Lake Chipman;

(f) Double Lagoon;

(g) Emma Tarns;

(h) Howes Lagoon Bay;

(i) Lake Flora;

(j) Lake O'Dells;

(k) Lake Paget;

(l) Little Blue Lagoon;

(m) Rocky Lagoon;

(n) Sandy Lake;

(o) Second Lagoon;

(p) Talinah Lagoon;

(q) Third Lagoon.

Penalty:  Fine of not less than 1 penalty unit and not more than 5 penalty units and a special penalty of 1 penalty unit for each fish.

(2C)  A person must not take any salmon that is less than 500 millimetres in length from the following waters:

(a) First Lagoon;

(b) Lake Dudley;

(c) Lake Tin Hut.

Penalty:  Fine of not less than 1 penalty unit and not more than 5 penalty units and a special penalty of 1 penalty unit for each fish.

(2D)  A person must not take more than 2 salmon that are greater than or equal to 500 millimetres in length from the Western Lakes (excluding the waters listed in subregulations (2A) , (2B) and (2C) ).

Penalty:  Fine of not less than 1 penalty unit and not more than 5 penalty units and a special penalty of 1 penalty unit for each fish.

(c) by omitting from subregulation (6) " subregulation (1) unless the part of the fish that remains is not less than 220 millimetres in length" and substituting "this regulation unless the part of the fish that remains is not less than that length".

8.    Regulation 16 amended (Bag limits)

Regulation 16(3) of the Principal Regulations is amended by omitting paragraphs (k) , (l) , (m) , (n) , (o) , (p) , (q) and (r) and substituting the following paragraphs:

(k) Western Lakes (excluding the waters referred to in paragraphs (l), (m) and (n)) – 5;

(l) East Rocky Lagoon – 0;

(m) First Lagoon, Lake Dudley and Lake Tin Hut – 1;

(n) Carter Lakes, Double Lagoon, Emma Tarns, Howes Lagoon Bay, Lake Agnes, Lake Baille, Lake Botsford, Lake Chipman, Lake Flora, Lake O'Dells, Lake Paget, Little Blue Lagoon, Rocky Lagoon, Sandy Lake, Second Lagoon, Talinah Lagoon and Third Lagoon – 2.

9.    Regulation 16A amended (Take and release)

Regulation 16A of the Principal Regulations is amended by omitting subregulation (4) and substituting the following subregulation:

(4)  Regulation 16(3) does not apply to all waters within the Western Lakes if a person immediately releases the salmon back into the waters immediately after taking it from those waters.

10.    Regulation 17 amended (Whitebait limits)

The penalty under regulation 17 of the Principal Regulations is amended by inserting "and a special penalty of 1 penalty unit for each kilogram of whitebait" after "units".

11.    Regulation 19 amended (Taking fish from boats)

Regulation 19 of the Principal Regulations is amended as follows:

(a) by omitting from subregulation (1)(e) "Lagoon." and substituting "Lagoon;";

(b) by inserting the following paragraph after paragraph (e) in subregulation (1) :

(f) Western Lakes, except Double Lagoon, Julian Lakes, Lake Ada, Lake Augusta, Lake Mackenzie and Pillans Lake.

(c) by omitting paragraphs (a) and (b) from subregulation (5) and substituting the following paragraphs:

(a) in Brumby Creek, including any impounded water and any tributary or tailrace entering the creek above the uppermost of the 3 weirs on that creek; or

(b) in Carter Lakes, Howes Lagoon Bay, Middle Myrtle Pond, Lake Botsford, Lake Dudley, Rocky Lagoon or East Rocky Lagoon; or

(d) by omitting from subregulation (5)(c) "levels; or" and substituting "levels.";

(e) by omitting paragraphs (d) and (e) from subregulation (5) ;

(f) by omitting subregulation (6) .

12.    Regulation 21 amended (Use of baits and lures)

Regulation 21 of the Principal Regulations is amended as follows:

(a) by omitting paragraph (a) from subregulation (2) ;

(b) by omitting paragraphs (i) and (j) from subregulation (2) ;

(c) by omitting paragraphs (l) and (m) from subregulation (2) ;

(d) by omitting paragraph (o) from subregulation (2) ;

(e) by omitting paragraph (q) from subregulation (2) ;

(f) by omitting paragraph (x) from subregulation (2) ;

(g) by omitting paragraph (z) from subregulation (2) and substituting the following paragraph:

(z) any inland waters within a world heritage area, other than Lake Augusta and Lake Mackenzie.

(h) by inserting in subregulation (3)(a) ", Little Pine Lagoon and Penstock Lagoon" after "Lagoon";

(i) by omitting paragraphs (c) , (d) and (e) from subregulation (3) and substituting the following paragraphs:

(c) Howes Lagoon Bay, East Rocky Lagoon, Rocky Lagoon and Second Lagoon;

(d) Lake Kay and associated lagoons;

(j) by omitting paragraph (g) from subregulation (3) ;

(k) by omitting from subregulation (3)(h) "canals;" and substituting "canals.";

(l) by omitting paragraphs (i) , (j) and (k) from subregulation (3) ;

(m) by omitting from subregulation (5) "person" and substituting "person, not referred to in subregulation (5A),";

(n) by inserting the following subregulation after subregulation (5) :

(5A)  A person must not use the whole or part of any fish as a bait or lure to take fish in Lake Augusta and Lake Mackenzie.

Penalty:  Fine of not less than 1 penalty unit and not more than 5 penalty units and a special penalty of 1 penalty unit for each fish.

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

Notified in the Gazette on 30 July 2003

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

EXPLANATORY NOTE

(This note is not part of the regulation)

(a) inserting definitions of "bait", "hand-held rod" and "Upper Mersey Lakes Rainbow Fishery" and by amending the definition of "Western Lakes"; and

(b) amending certain provisions relating to the following:

(i) the use of certain equipment to take fish;

(ii) the minimum sizes for certain fish;

(iii) the bag limits for certain fish;

(iv) the taking and releasing of certain fish;

(v) whitebait limits;

(vi) the taking of fish from boats;

(vii) the use of baits and lures.