Fisheries (Scalefish) Rules 2004

Fisheries (Scalefish) Rules 2004

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

S. Kons

Minister for Primary Industries and Water

PART 1 - Preliminary

1.   Short title

These rules may be cited as the Fisheries (Scalefish) Rules 2004 .

2.   Commencement

These rules take effect on 1 November 2004.

3.   Interpretation

(1)  In these rules –

Act means the Living Marine Resources Management Act 1995 ;

appropriate authority means a Commonwealth authority to take school shark and gummy shark in State waters;

bait net means an encircling net that is not more than 6 metres in length and 2 metres in depth with a mesh size of not more than 20 millimetres;

bait trap means a trap that –

(a) is not more than 500 millimetres long, 350 millimetres wide and 250 millimetres high; and

(b) has an entrance that is not more than 65 millimetres at its widest; and

(c) has a mesh size not less than 10 millimetres and not more than 40 millimetres;

beach seine net means an encircling net that –

(a) has a bag or bunt; and

(b) has a mesh size of not less than 30 millimetres; and

(c) is not pursed or drawn through rings into the shape of a bag;

board trawl net means a netting bag or bag-like net that –

(a) has a mouth held open by trawl doors or warps or by a combination of trawl doors and warps; and

(b) is drawn along by a fishing vessel; and

(c) has a mesh size of not less than 90 millimetres;

cast net means a circular or elliptical net with a diameter of no more than 6 metres that has a loaded bottomline around the circumference;

catch history means the history of the amount of scalefish –

(a) caught under the authority of a licence; and

(b) recorded in accordance with the reporting requirements of the licence;

catch year means a period starting on 1 June in one year and ending on 31 May in the following year;

commercial fishing licence means a fishing licence of a class specified in item 1, 2, 3, 4, 5, 7, 8 or 9 of the table contained in rule 10 ;

commercial graball net means a graball net used for taking scalefish for commercial purposes;

Commonwealth authority means any licence, permit, right or other authority relating to a specific fishery granted under the Commonwealth Act;

Danish seine net means a netting bag or bag-like net that –

(a) has a mouth held open by warps but not trawl doors; and

(b) is drawn along by a fishing vessel; and

(c) has a mesh size of not less than 70 millimetres;

demersal longline means a longline that is weighted to the seabed or riverbed;

dinghy means a boat that is used, or is capable of being used, as an auxiliary boat to a fishing vessel;

dipnet means a hand-held net that –

(a) is used to catch scalefish; and

(b) is attached to a frame so that the length across the net is not more than one metre; and

(c) has a mesh size of more than 20 millimetres;

distinguishing mark has the same meaning as in the Fisheries Rules 1999 ;

dropline means a line that –

(a) has more than 5 hooks attached to it; and

(b) is set vertically with one end weighted and the other end attached to a line or buoy;

encircling net means a net, also known as a surround net or seine net, that is –

(a) used to surround or partly surround fish; and

(b) used for taking fish;

fillet, in respect of a fish, means a longitudinal section of flesh of the fish removed from a part of the fish other than its head;

fish cauf means fishing gear for holding fish used in State waters;

fish trap means a trap that –

(a) is not more than 2 metres in width by one metre in depth by 2 metres in length; and

(b) has a fixed rectangular entrance of not more than 57 millimetres in width and 250 millimetres in height; and

(c) has a mesh size of more than 25 millimetres;

fishing buoy means a buoy that complies with rule 22 of the Fisheries Rules 1999 ;

fishing trip means a trip, undertaken for the purpose of fishing, which starts on the departure from port of the vessel and ends on the return to port;

gillnet means a net, also known as a set net, that is –

(a) a graball net; or

(b) a mullet net; or

(c) a shark net; or

(d) a small-mesh gillnet;

graball net means a single-mesh net that –

(a) has a loaded bottom line; and

(b) is intended to be set with its bottom line on the seabed or riverbed; and

(c) has a mesh size of not less than 105 millimetres and not more than 140 millimetres;

Grade 1 penalty means the penalty specified in regulation 5 of the Penalty Regulations;

Grade 2 penalty means a penalty specified in regulation 6 of the Penalty Regulations;

Grade 3 penalty means a penalty specified in regulation 7 of the Penalty Regulations;

headline length means the length of a net as determined in accordance with rule 11 ;

holder of a licence includes a person who is approved to use the licence under section 89(2) of the Act;

hook includes –

(a) a lure; and

(b) a jig that is not a squid jig; and

(c) a set of ganged hooks;

lampara net means an encircling net that is –

(a) used from a fishing vessel; and

(b) not pursed or drawn through rings;

landing net means a hand-held net that –

(a) is used to take or land scalefish; and

(b) is attached to a frame so that the maximum length across the net is not more than 600 millimetres;

longline means a line, other than a dropline, that has more than 5 hooks attached to it;

marker buoy means a buoy marked in accordance with these rules;

mesh size means the mesh size of a net as measured under rule 22A of the Fisheries Rules 1999 ;

mullet net means a single-mesh net that –

(a) has a loaded bottom line; and

(b) is intended to be set with its bottom line on the seabed or riverbed; and

(c) has a mesh size of not less than 60 millimetres and not more than 70 millimetres;

offshore waters means State waters that are not –

(a) coastal waters; or

(b) within the limits of the State;

Penalty Regulations means the Fisheries Penalties Regulations 2001 ;

purse seine net means an encircling net that –

(a) is used from a fishing vessel; and

(b) is pursed or drawn through rings into the shape of a bag;

recreational gillnet means a gillnet used for recreational fishing;

recreational graball net means a graball net used for recreational fishing;

recreational mullet net means a mullet net used for recreational fishing;

scalefish licence means a fishing licence specified in item 4 of the table contained in rule 10 ;

seine net includes –

(a) a beach seine net; and

(b) a lampara net; and

(c) a purse seine net;

set means to place, or attempt to place, in State waters;

set line means a line with up to 5 hooks attached that is set and, once set, is not attached to a person or a vessel;

shark fin means a fin from a shark;

shark net means a single-mesh net that –

(a) has a loaded bottom line; and

(b) is intended to be set with its bottom line on the seabed or riverbed; and

(c) has a mesh size of not less than 150 millimetres and not more than 165 millimetres;

shark refuge area means –

(a) Blackman Bay; or

(b) D'Entrecasteaux Channel; or

(c) East Coast waters; or

(d) Frederick Henry Bay and Norfolk Bay; or

(e) Georges Bay; or

(f) Great Oyster Bay; or

(g) Mercury Passage; or

(h) Pitt Water; or

(i) Port Sorell; or

(j) River Derwent; or

(k) River Tamar;

small-mesh gillnet means a single-mesh net that –

(a) has a loaded bottom line; and

(b) is intended to be set with its bottom line on the seabed or riverbed; and

(c) has a mesh size of not less than 75 millimetres and not more than 100 millimetres;

small pelagic licence means –

(a) a fishing licence (small pelagic trawl); or

(b) a fishing licence (small pelagic purse seine);

spear includes –

(a) a spear gun; and

(b) any other apparatus with a pointed end;

squid jig means a baited lure, or artificial lure, that –

(a) has one or more sets of pointed hooks or spikes; and

(b) is used to take squid;

squid line means a line with squid jigs attached;

trawl fishing licence means –

(a) a fishing licence (general trawl); or

(b) a fishing licence (limited trawl);

trawl net means a net, whether fitted with a whiting codend or not, that is –

(a) a Danish seine net; or

(b) a board trawl net;

whiting codend means a codend that has a mesh size of not less than 42 millimetres calculated over a length of not more than 400 meshes.

(2)  In these rules, a reference to a species or type of fish is a reference to that species or type of fish as defined in Schedule 1 .

(3)  In these rules, a reference to a body of waters, or a region, by name is a reference to the body of waters or region so named as defined in Schedule 2 .

4.   Application of rules

(1)  Except as provided in subrule (2) , these rules apply to the scalefish fishery.

(2)  These rules, other than rule 7 , do not apply to the following activities:

(a) the taking of scalefish for commercial purposes by diving or swimming underwater;

(b) fishing under the authority of a small pelagic licence;

(c) fishing for commercial purposes in offshore waters unless fishing under the authority of a fishing licence (rock lobster).

5.   Duration of rules

These rules continue in force until 1 November 2009.

6.   Consultation arrangements

The Minister must consult with the appropriate advisory committee established under section 27 of the Act in relation to a fishery referred to in these rules in respect of any changes relating to –

(a) an area where fishing may occur; and

(b) a matter relating to the characteristics of a fish; and

(c) the opening and closing of the fishery; and

(d) fishing gear; and

(e) limits on taking and possessing fish; and

(f) the authority to take scalefish using a fishing licence.

PART 2 - General

7.   Size limits of scalefish

A person must not take, buy, sell or have possession of any fish specified in Schedule 3 that is –

(a) less than the minimum size specified for that fish in that Schedule; or

(b) greater than the maximum size specified for that fish in that Schedule.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

8.   Measurement of scalefish

The size of any species or type of scalefish is measured as follows:

(a) in the case of a garfish, from the upper jaw to the end of the tail;

(b) in the case of a banded morwong, from the most forward point of the fish to the caudal fork of the tail;

(c) in the case of a wrasse, from the tip of the snout of the fish to the tip of the tail of the fish;

(d) in the case of any other species or type of scalefish, from the tip of the snout of the fish to the end of the tail.

9.   Closed and open season for scalefish

(1)  In this rule –

closed season means the period determined under subrule (2) during which all or part of the scalefish fishery is closed;

open season means the period determined under subrule (2) during which all or part of the scalefish fishery is open.

(2)  The Minister, by public notice, may determine –

(a) the dates of the closed season for all or part of the scalefish fishery; and

(b) the dates of the open season for all or part of the scalefish fishery.

10.   Classes of fishing licences

For the purposes of these rules, a class of licence specified in the following table is made up of the fishing licences specified in respect of that class in that table.

	Class of licence	Fishing licence
1.	class personal	fishing licence (personal)
2.	class vessel	fishing licence (vessel)
3.	class seine	fishing licence (purse seine net)
		fishing licence (beach seine A)
		fishing licence (beach seine B)
4.	class scalefish	fishing licence (scalefish A)
		fishing licence (scalefish B)
		fishing licence (scalefish C)
		fishing licence (rock lobster)
5.	class species	fishing licence (banded morwong)
		fishing licence (wrasse)
		fishing licence (Australian salmon)
6.	class recreational	fishing licence (recreational beach seine net)
		fishing licence (recreational graball net)
		fishing licence (recreational mullet net)
		fishing licence (recreational abalone)
		fishing licence (recreational rock lobster diving)
		fishing licence (recreational rock lobster pot)
		fishing licence (recreational rock lobster rings)
		fishing licence (recreational scallop dredging)
		fishing licence (recreational diving)
7.	class small-mesh gillnet	fishing licence (small-mesh gillnet)
8.	class trawl	fishing licence (general trawl)
		fishing licence (limited trawl)
9.	class squid	fishing licence (automatic squid jig)

11.   Measurement of nets

The length of a net is measured from the first point of attachment of the head rope to the mesh to the last point of attachment of the head rope to the mesh, excluding any rope attached between the net and any buoy or similar marker at, or near, the surface of the water.

12.   Measurement of lines

The length of a line is measured from the first hook or snood on the line to the last hook or snood on the line.

13.   Calculation of weight

The weight of scalefish that has been gutted, filleted or headed and gutted before being weighed is calculated by multiplying the weight of the gutted, filleted or headed and gutted fish by the applicable conversion rate specified in Schedule 7 .

PART 3 - Commercial Licences

Division 1 - Licences

14.   Granting of certain licences

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

(a) class personal, if the licence is endorsed with any endorsement referred to in Division 2 of this Part;

(b) class seine;

(c) class scalefish, other than a fishing licence (rock lobster);

(d) class species;

(e) class small-mesh gillnet;

(f) class trawl;

(g) class squid.

(2)  A licence to which this rule applies may only be granted to a person if the person lodging the application for the licence –

(a) held –

(i) in the case of an application for a fishing licence (personal), a fishing licence (personal) on the preceding 31 August; or

(ii) in the case of an application for any other licence, a licence the same as that applied for on the preceding 28 February; and

(b) has not transferred the licence referred to in paragraph (a) ; and

(c) lodges the application in accordance with section 77 of the Act within 3 months after the expiry of the licence that he or she currently holds.

15.   Fishing for commercial purposes

A person must not take scalefish for commercial purposes unless the person is the holder of –

(a) both a fishing licence (vessel) and a fishing licence (personal); or

(b) a fishing licence (personal) that is endorsed to take scalefish for commercial purposes; or

(c) an appropriate authority.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

Division 2 - Endorsements on licences

16.   Endorsement of fishing licences

(1)  The Secretary may endorse a fishing licence to allow the holder of the licence –

(a) to use the fishing gear specified on the licence in the waters specified in respect of that fishing gear; and

(b) to take, possess or sell the species or types of fish specified on the licence.

(2)  A person who is the holder of a fishing licence that is endorsed under subrule (1) must only take scalefish in accordance with the endorsement on the licence.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

17.   Small-mesh gillnet endorsement

The holder of a fishing licence (personal) that is endorsed for the use of small-mesh gillnet must not carry on a fishing vessel or use –

(a) more than 600 metres of small-mesh gillnet; or

(b) a small-mesh gillnet that is more than 200 metres in length; or

(c) a small-mesh gillnet and a graball net, the combined length of which exceeds the greater of either –

(i) the length of graball net authorised by a scalefish licence held by that holder; or

(ii) the length of small-mesh gillnet authorised by a scalefish licence held by that holder to be used.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

18.   Non-transferable fishing licence (class scalefish)

(1)  The Minister is to endorse a fishing licence (scalefish C) as a non-transferable fishing licence on the renewal of that licence.

(2)  The Minister is to endorse a fishing licence (scalefish A) or a fishing licence (scalefish B) as a non-transferable fishing licence if the holder of the licence does not have a recorded catch history of scalefish for the period starting on 1 July 1998 and ending on 28 February 2003.

19.   Beach seine net endorsement

The holder of a fishing licence (personal) that is endorsed for the use of a beach seine net who is not also the holder of a fishing licence (vessel) must not –

(a) use more than one 50-metre beach seine net; or

(b) use any fishing vessel to operate the beach seine net or carry the catch caught with such a net.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

20.   Graball net endorsement in shark refuge areas

If a person holds a scalefish licence and another licence endorsed to use graball net in a shark refuge area, the person must not use a length of graball net in shark refuge areas that is more than the length authorised by the scalefish licence.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

21.   Gillnet endorsement in shark refuge areas

(1)  The holder of a fishing licence (personal) that is endorsed for the use of gillnet in a shark refuge area must not use in that shark refuge area –

(a) more gillnet than specified in the endorsement; or

(b) gillnet that is longer than the length of graball net authorised by a scalefish licence that is also held by that holder.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(2)  Subrule (1)(b) does not apply if the gillnet is a small-mesh gillnet used in accordance with these rules.

Division 3 - Taking, selling and possessing certain fish species for commercial purposes

22.   Prohibition on commercial fishing

(1)  A person must not take scalefish for commercial purposes in –

(a) Georges Bay; or

(b) the D'Entrecasteaux Channel.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(2)  A person must not take scalefish for commercial purposes from the following waters unless the person is the holder of a fishing licence (personal) endorsed to take scalefish from those waters:

(a) the River Derwent;

(b) the River Tamar waters downstream of a line from the northern extremity of Garden Island to the George Town Monument;

(c) Macquarie Harbour.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

23.   Banded morwong

A person must not take, or have possession of, banded morwong in State waters for commercial purposes unless the person is the holder of a fishing licence (banded morwong).

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

24.   Sale of bream

A person must not sell bream without a receipt for that bream showing that the bream were taken in waters other than waters relevant to the State.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

25.   Wrasse

(1)  A person must not sell live wrasse unless the person –

(a) is the holder of a fishing licence (wrasse); or

(b) holds a receipt for the purchase of the wrasse being sold.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(2)  The holder of a fishing licence (personal) must not have possession of live or dead wrasse in State waters that has a total weight exceeding 30 kilograms unless the person is –

(a) the holder of a fishing licence (wrasse); or

(b) the holder of a fishing licence (rock lobster) who has possession of the wrasse for use as bait.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(3)  The holder of a fishing licence (personal) must not take wrasse that has a total weight exceeding 30 kilograms in any one day unless the person is –

(a) the holder of a fishing licence (wrasse); or

(b) the holder of a fishing licence (rock lobster) who has possession of the wrasse for use as bait.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

26.   Using fishing vessel for taking small pelagics

(1)  A person must not take, or have possession of, more than 100 kilograms of small pelagic species on a vessel specified on the fishing licence (vessel) if the vessel is in State waters and is more than 20 metres in length.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(2)  Subrule (1) does not apply to –

(a) a person who has a Commonwealth authority; or

(b) the holder of a fishing licence (rock lobster) who takes or has possession of the small pelagics for use as bait for taking rock lobster.

27.   Taking fish by purse seine net

A person must not take scalefish using a purse seine net unless the person is the holder of –

(a) a fishing licence (purse seine net); or

(b) a fishing licence (Australian salmon).

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

28.   Taking fish by lampara net

A person must not take scalefish using a lampara net unless the person is the holder of a fishing licence (purse seine net).

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

29.   Taking fish by small-mesh gillnet

A person must not use or carry on a fishing vessel a small-mesh gillnet unless the person is the holder of –

(a) a fishing licence (small-mesh gillnet); or

(b) both a fishing licence (personal) that is endorsed for the use of a small-mesh gillnet and a scalefish licence.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

Division 4 - Commercial fishing gear

30.   Use of fishing gear

(1)  A person, in State waters, must not carry on a fishing vessel, or use, fishing gear that –

(a) is used or intended to be used to take scalefish; and

(b) is in excess of the amount of gear authorised under a licence or authority.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(2)  Subrule (1) does not apply to a person –

(a) taking scalefish in accordance with a licence or Commonwealth authority that authorises the use of that fishing gear to take scalefish; or

(b) taking scalefish by recreational fishing with fishing gear that does not require a fishing licence (class recreational).

31.   Fishing gear on commercial fishing trip

(1)  During a fishing trip for taking scalefish for commercial purposes, a person must not carry on a fishing vessel, or use, fishing gear that is in excess of that authorised by a licence when taking scalefish under the authority of that licence.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(2)  Subrule (1) does not apply to fishing gear carried on a fishing vessel, or used, as authorised by a Commonwealth authority.

32.   Fishing gear on vessel carrying other vessel

A person on a fishing vessel that carries another fishing vessel must not –

(a) carry more fishing gear on either vessel than the combined maximum that is authorised in respect of both vessels; or

(b) use more fishing gear on one of the vessels than the amount of fishing gear that is authorised to be used from that vessel.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

33.   Use of dinghies

(1)  The holder of a fishing licence (vessel) must not use –

(a) more than one dinghy to transport scalefish from the fishing vessel specified in the licence; or

(b) a dinghy that is longer than the maximum length allowed for a dinghy for that fishing vessel by the licence.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(2)  Subrule (1) does not apply if the holder of the fishing licence (vessel) also holds –

(a) a fishing licence (beach seine A) and fishing licence (beach seine B); or

(b) a fishing licence (purse seine net); or

(c) a fishing licence (Australian salmon).

(3)  A person who is the holder of a fishing licence (vessel) must ensure that each side of the hull of the dinghy displays the letter "D" above, or forward of, the distinguishing mark displayed on the dinghy of the fishing vessel specified on the licence.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

34.   Use of shark nets

A person must not, while on a fishing vessel in State waters, have possession of a shark net unless that person is the holder of an appropriate authority.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

35.   Possessing graball net

A person must not, while on a fishing vessel in State waters, have possession of a graball net if –

(a) more than 1 800 metres of shark net are being used from or carried on the fishing vessel; or

(b) more than 1 000 hooks are being used from or carried on the fishing vessel.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

36.   Commercial graball net

(1)  A person must not carry on a fishing vessel, or use, a commercial graball net that has a net depth of more than 50 meshes unless the person is the holder of –

(a) a fishing licence (scalefish A); or

(b) a fishing licence (scalefish B).

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(2)  The holder of a fishing licence (scalefish A) or a fishing licence (scalefish B) must not carry on a fishing vessel, or use, a commercial graball net that has a net depth of more than 50 meshes at the same time as carrying or using more than half the amount of commercial graball net authorised under the licence.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

37.   Use of squid jigs, dipnets and spears

(1)  A person who holds all of the following licences may carry on a fishing vessel, or use, squid jigs, one hand-held dipnet and landing nets to take scalefish:

(a) a fishing licence (vessel);

(b) a fishing licence (personal);

(c) a fishing licence (scalefish C).

(2)  A person who holds all of the following licences may carry on a fishing vessel, or use, squid jigs, 2 hand-held dipnets and landing nets to take scalefish:

(a) a fishing licence (vessel);

(b) a fishing licence (personal);

(c) a fishing licence (rock lobster).

(3)  A person who holds a commercial fishing licence other than a licence specified in subrule (1) or (2) may carry on a fishing vessel, or use, squid jigs, hand-held dipnets, landing nets and spears to take scalefish.

(4)  A person who holds an authorisation to carry on a fishing vessel, or use, squid jigs and who is not the holder of a fishing licence (automatic squid jig) must not carry on a fishing vessel, or use, at any one time more than –

(a) 4 automatic squid-jigging machines; or

(b) 8 squid lines; or

(c) fish attraction lamps exceeding a total power rating of 2 000 watts.

Penalty:  Fine not exceeding 2 penalty units.

38.   Traps and hooks

The holder of both a fishing licence (wrasse) and a fishing licence (scalefish C) may carry on a fishing vessel or use not more than –

(a) 2 fish traps; and

(b) 10 hooks as authorised by the fishing licence (scalefish C) if any fish traps are carried on that vessel or are being used.

39.   Fishing licence (scalefish A)

The holder of a fishing licence (scalefish A) may carry on a fishing vessel or use not more than –

(a) 1 000 metres in length of graball net; and

(b) 200 hooks; and

(c) 2 fish traps.

40.   Fishing licence (scalefish B)

The holder of a fishing licence (scalefish B) may carry on a fishing vessel or use not more than –

(a) 500 metres in length of graball net; and

(b) 200 hooks; and

(c) 2 fish traps.

41.   Fishing licence (scalefish C)

The holder of a fishing licence (scalefish C) may carry on a fishing vessel or use not more than –

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

(b) 200 hooks; or

(c) one fish trap.

42.   Fishing licence (rock lobster)

(1)  The holder of a fishing licence (rock lobster) may carry on a fishing vessel or use not more than –

(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 both a fishing licence (rock lobster) and either a fishing licence (scalefish A) or a fishing licence (scalefish B) must not carry on a fishing vessel, or use, any more fishing gear than the gear authorised by the fishing licence (scalefish A) or the fishing licence (scalefish B).

43.   Fishing licence (small-mesh gillnet)

The holder of a fishing licence (small-mesh gillnet) may carry on a fishing vessel or use not more than –

(a) 600 metres in length of small-mesh gillnet; or

(b) small-mesh gillnets each of which is not more than 200 metres in length.

44.   Small-mesh gillnet mesh depth

A person must not carry on a fishing vessel, or use, a small-mesh gillnet that has a net depth of more than 75 meshes.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

45.   Fishing licence (purse seine net)

The holder of a fishing licence (purse seine net) may not, at any one time, carry on a fishing vessel, or use, purse seine nets or lampara nets, or a combination of both, if the total headline length of the nets carried or used is more than 600 metres.

46.   Use of purse seine nets on fishing vessels

A person must not, while on a fishing vessel in State waters, carry, or use, a purse seine net or a lampara net unless –

(a) the person is the holder of a fishing licence (purse seine net) and the fishing vessel is the vessel specified on that licence; or

(b) the person is the holder of a fishing licence (Australian salmon).

47.   Fishing licence (beach seine)

(1)  The holder of a fishing licence (beach seine A) may carry on a fishing vessel, or use, beach seine nets if the total headline length of the nets is not more than 600 metres.

(2)  The holder of a fishing licence (beach seine B) may carry on a fishing vessel, or use, beach seine nets if the total headline length of the nets is not more than 150 metres.

48.   Fishing licence (automatic squid jig)

The holder of a fishing licence (automatic squid jig) may carry on a fishing vessel, or use, only the following fishing gear to take arrow squid:

(a) automatic squid-jigging machines;

(b) squid lines;

(c) fish attraction lamps.

49.   Fishing licence (general trawl)

The holder of a fishing licence (general trawl) must not –

(a) carry more Danish seine nets on the fishing vessel than the number specified in the licence; or

(b) use more than one Danish seine net at any one time.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

50.   Restrictions on fishing licence (general trawl)

(1)  The holder of a fishing licence (general trawl) must not use a Danish seine net that is being towed by, or is connected to, a vessel that is not the vessel specified in the fishing licence (general trawl).

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(2)  If a Danish seine net has a whiting codend attached, the holder of a fishing licence (general trawl) must not use that net in State waters other than the following State waters:

(a) east of the line of longitude extending through Woolnorth Point to the line of longitude extending through Waterhouse Point;

(b) north of an imaginary straight line from Yellow Bluff on North Bruny Island to Outer North Head on the Tasman Peninsula.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(3)  The holder of a fishing licence (general trawl) must not use a Danish seine net in the following State waters:

(a) within one nautical mile of any part of the coast of Tasmania, except Ile des Phoques (also known as White Rock);

(b) in Andersons Bay;

(c) south of an imaginary straight line from the north-east tip of East Double Sandy Point to the tower on Hardwicks Hill near Croppies Point;

(d) in Frederick Henry Bay and Norfolk Bay;

(e) in Great Oyster Bay;

(f) in Mercury Passage;

(g) west and north of imaginary straight lines from Cape Degerando to Cape Baudin, from Cape Faure to Ile des Phoques, from Ile des Phoques to Cape Boullanger and from Cape Bernier to Cape Peron;

(h) in the River Derwent;

(i) in the D'Entrecasteaux Channel.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(4)  Subrules (2) and (3) do not apply to the holder of a fishing licence (general trawl) if that licence is endorsed to allow the holder of the licence to use a Danish seine net in those waters.

51.   Fishing licence (limited trawl)

The holder of a fishing licence (limited trawl) must not –

(a) carry more Danish seine nets on the fishing vessel than the number specified in the licence; or

(b) use more than one Danish seine net at any one time.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

52.   Restrictions on fishing licence (limited trawl)

(1)  The holder of a fishing licence (limited trawl) must not use a Danish seine net that is being towed by, or is connected to, a vessel that is not the vessel specified in the fishing licence (limited trawl).

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(2)  The holder of a fishing licence (limited trawl) must not use a Danish seine net in State waters other than the State waters bounded –

(a) in the north by an imaginary straight line from Tasman Head on South Bruny Island to Cape Raoul on the Tasman Peninsula; and

(b) in the west by the line of longitude 147° 17' 7"; and

(c) in the east by the line of longitude 148° –

and not including State waters that are within one nautical mile of any part of the coast of Tasmania.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

53.   Fishing licence (limited trawl) ceases to have effect

The Minister may cancel a fishing licence (limited trawl) if the fishing vessel specified in the licence is no longer specified on a Commonwealth authority in relation to the South East Trawl Fishery of the Commonwealth.

54.   Use and possession of trawl nets

(1)  A person must not have possession of a trawl net on a fishing vessel in State waters unless the person –

(a) is the holder of a trawl fishing licence authorising the person to do so on that fishing vessel; or

(b) has possession of a trawl net in accordance with a Commonwealth authority that authorises the use of a type of trawl net.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(2)  A person must not use a board trawl net from a fishing vessel in State waters.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

Division 5 - Australian salmon

55.   Authority of fishing licence (Australian salmon)

The holder of a fishing licence (Australian salmon) may take Australian salmon using beach seine nets and purse seine nets with –

(a) a headline length of not more than 600 metres in total; and

(b) a mesh size of not more than 30 millimetres.

56.   Carrying Australian salmon

(1)  On any one occasion, a person must not carry on a fishing vessel, or land, more than 500 kilograms of Australian salmon, in total weight, unless the person is –

(a) the holder of a fishing licence (Australian salmon); or

(b) the holder of a fishing licence (personal) endorsed to take more than that amount of Australian salmon.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(2)  The holder of a fishing licence (personal) may carry on a fishing vessel an unlimited amount of Australian salmon in addition to the 500 kilograms specified in subrule (1) if –

(a) that additional amount of Australian salmon is frozen and packed in boxes; or

(b) the holder has a receipt for the purchase of that Australian salmon.

57.   Taking Australian salmon in certain waters

(1)  The holder of a fishing licence (Australian salmon) must not take Australian salmon in any of the following waters:

(a) the waters of –

(i) Blackman Bay; and

(ii) Frederick Henry Bay and Norfolk Bay up to an imaginary straight line extending from Cape Deslacs through the southern end of Sloping Island and ending at Black Jack Point; and

(iii) Port Sorell; and

(iv) the River Derwent; and

(v) the River Tamar;

(b) within 500 metres of the low-water mark at Swimcart Beach between Cosy Corner and Round Hill Point between 1 December in one year and 31 March in the following year;

(c) within one nautical mile of the low-water mark between Point Sorell at Hawley, near Devonport, and North Point, Stanley;

(d) the waters of Great Oyster Bay north of an imaginary straight line between Webber Point and Fleurieu Point from 1 January in any year to 31 March in that year;

(e) the waters enclosed eastward and northward by an imaginary straight line from the Coles Bay boat ramp to the eastern edge of the quarry on the northern side of The Hazards between Rulla Creek and Malunna Creek.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(2)  The holder of a fishing licence (Australian salmon) must not take a total of 500 kilograms or more of Australian salmon using fishing gear that is not authorised by that licence.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

58.   Fishing licences (Australian salmon) by-catch provisions

(1)  The holder of a fishing licence (Australian salmon) using fishing gear authorised by the licence must not take and carry on a fishing vessel fish of any species or type, other than Australian salmon, that have a total weight exceeding 50 kilograms unless –

(a) the holder also holds one of the following licences and has taken the fish in accordance with that licence:

(i) a fishing licence (purse seine net);

(ii) a fishing licence (beach seine A);

(iii) a fishing licence (beach seine B); and

(b) the holder uses fishing gear authorised by that licence.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(2)  Subrule (1) does not apply to taking jack mackerel and silver trevally.

PART 4 - Recreational Licences

Division 1 - Recreational fishing licences

59.   Authority of recreational fishing licences

(1)  The holder of a licence referred to in this rule must not use more fishing gear than is authorised by the licence or under these rules.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(2)  The holder of a fishing licence (recreational beach seine net) may only use one beach seine net to take scalefish for recreational fishing.

(3)  The holder of a fishing licence (recreational graball net) may only use one graball net to take scalefish for recreational fishing.

(4)  The holder of a fishing licence (recreational mullet net) may only use one mullet net to take scalefish for recreational fishing.

(5)  A person must not hold more than one of each of the licences specified in subrules (2) , (3) and (4) .

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

60.   Recreational fishing licence number

(1)  On the issue of a fishing licence (recreational graball net) or a fishing licence (recreational mullet net), the Secretary is to –

(a) allot a number to the fishing licence; and

(b) advise the holder of the fishing licence of that number.

(2)  On being advised of the licence number allotted under subrule (1) , the holder of the fishing licence must –

(a) mark that number legibly and clearly –

(i) on at least one of the marker buoys required for the net used under the licence; and

(ii) in figures not less than 70 millimetres high and 12 millimetres wide; and

(b) ensure that the only marks on the buoys are marks required under these rules; and

(c) attach the buoy securely to the net to which the fishing licence relates; and

(d) ensure the number marked on the buoy remains clear and legible; and

(e) ensure that only one licence number is displayed on any buoys attached to the net.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

61.   Recreational fishing gear tags

(1)  The Secretary may issue to the holder of any of the following licences a tag for fishing gear authorised to be used under the licence:

(a) a fishing licence (recreational graball net);

(b) a fishing licence (recreational mullet net).

(2)  The holder of a licence specified in subrule (1) must not use any fishing gear under that licence unless the tag issued for that gear is attached to the gear so that the tag is clearly visible when the gear is in use.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(3)  If a tag issued in relation to fishing gear under subrule (1) is lost or destroyed –

(a) the holder of the licence may use the fishing gear without a tag for 14 days after the date on which the tag was lost or destroyed if a buoy attached to the fishing gear is clearly marked with that date; and

(b) the Secretary may issue a new tag –

(i) if the holder of the licence presents the licence to the Secretary; and

(ii) if the Secretary is satisfied that the old tag has been lost or destroyed; and

(iii) on payment of the prescribed fee.

(4)  The holder of a licence specified in subrule (1) must not use any fishing gear under that licence if the tag issued in respect of that fishing gear is lost or destroyed unless a buoy is attached to it and the buoy is clearly marked in accordance with subrule (3)(a) .

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

Division 2 - Recreational fishing gear

62.   Use of nets in recreational fisheries

(1)  A person must not take scalefish by recreational fishing using a beach seine net unless the person is the holder of a fishing licence (recreational beach seine net).

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(2)  A person must not take scalefish by recreational fishing using a graball net unless the person is the holder of a fishing licence (recreational graball net).

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(3)  A person must not take scalefish by recreational fishing using a mullet net unless the person is the holder of a fishing licence (recreational mullet net).

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(4)  A person, other than a holder of a fishing licence (personal), must not use or carry –

(a) more than one beach seine net that is not more than 50 metres in length; or

(b) a beach seine net that is more than 50 metres in length; or

(c) more than one graball net that is not more than 50 metres in length; or

(d) a graball net that –

(i) is more than 50 metres in length; or

(ii) has a net depth of more than 33 meshes; or

(e) more than one mullet net that is no more than 25 metres in length; or

(f) a mullet net that is more than 25 metres in length.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(5)  A person, in State waters, must not possess or use a net referred to in subrule (1) , (2) or (3) unless the person holds –

(a) a fishing licence (personal); or

(b) a fishing licence referred to in item 6 of the table contained in rule 10 authorising the use of that net.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

63.   Recreational mullet nets

A person must not set a mullet net on a seabed that –

(a) is reef; or

(b) is not predominantly sand.

Penalty:  Fine not exceeding the Grade 1 penalty.

64.   Use of gillnets on vessels

The holder of a fishing licence (recreational graball net) or fishing licence (recreational mullet net) must not carry on a vessel, or use, a recreational gillnet if there are already 3 recreational gillnets being carried on that vessel or used.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

65.   Use of cast net

(1)  A person must not use a cast net other than by casting, throwing or dropping the net by hand.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(2)  A person using a cast net must be in attendance at the net at all times the net is in use.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

66.   Restrictions on use of fishing gear

(1)  Unless otherwise authorised by a licence, a person must not take scalefish by recreational fishing using any fishing gear other than the following:

(a) lines that have no more than 5 hooks attached and are –

(i) attached to, or attached to something in, a vessel if the person is taking scalefish from the vessel; or

(ii) within 20 metres of the person if the person is not taking scalefish from a vessel;

(b) one line that has no more than 30 hooks attached;

(c) one bait trap;

(d) one cast net;

(e) lines having up to 3 squid jigs on each line;

(f) one bait net;

(g) spears;

(h) landing nets;

(i) one dipnet.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(2)  If the depth of water in which a line referred to in subrule (1)(b) is dropped is more than 150 metres, 2 or more persons may combine their 30 hooks onto one line.

(3)  A person who has combined hooks under subrule (2)  –

(a) must not set another line with more than 5 hooks attached; and

(b) must ensure that the total number of hooks on lines with over 5 hooks is not greater than 120.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

67.   Maximum number of lines and hooks

Unless otherwise authorised by a licence, a person must not carry or use a line with more than 5 hooks attached if 4 other lines with more than 5 hooks attached to each line are being carried on a vessel or used.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

68.   Use of recreational longlines and droplines

(1)  For the purposes of this rule, a marker buoy means a buoy that is –

(a) not less than 195 millimetres 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".

(2)  A person using a longline for recreational fishing must ensure that a marker buoy is attached to each end of the longline.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(3)  A person using a dropline for recreational fishing must ensure that a marker buoy is attached to the upper end of the dropline.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

Division 3 - Limits on taking and possessing scalefish species

69.   Possession limits

(1)  A person must not take, or have possession of, more of a species or type of scalefish than the possession limit specified in Schedule 4 for that species or type of scalefish unless the person –

(a) is the holder of a fishing licence (vessel) or a fishing licence (personal); or

(b) has a Commonwealth authority that authorises the possession of more of that species of scalefish than the limit specified in Schedule 4 ; or

(c) has proof that the fish were purchased.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(2)  For the purposes of subrule (1)  –

(a) 2 fillets of fish are equivalent to one fish; and

(b) possession includes fish kept at the principal residence of a person.

PART 5 - Taking and possessing shark

70.   Taking or possessing shark

A person, while on a fishing vessel in State waters, must not take, or have possession of, more than 5 sharks and shark carcasses in total unless the person is the holder of an appropriate authority.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

71.   Taking shark in certain waters

A person must not take a shark, other than an elephant fish, at any time in any shark refuge area.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

72.   Possession of shark fins

A person, in State waters, must not be in possession of shark fins without the trunks or bodies of the shark from which they came.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

PART 6 - Use of commercial and recreational fishing gear

73.   Setting of commercial and recreational gillnets during night

(1)  A person must not set or leave a recreational gillnet or commercial graball net in State waters between –

(a) one hour after sunset; and

(b) one hour before sunset.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(2)  Subrule (1) does not apply to –

(a) the setting of recreational or commercial gillnets in the waters of Macquarie Harbour; and

(b) the holder of a fishing licence (personal) that is endorsed to permit the setting of unattended graball nets or small-mesh gillnets in the waters of the north coast of Tasmania bounded –

(i) in the west by a line of latitude through Cape Grim; and

(ii) in the east by a line of latitude through Cape Naturaliste.

74.   Taking certain fish with spear

A person must not use a spear to take bream, or boarfish, in State waters.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

75.   Fish caught in rock lobster pot

A person may take or have possession of scalefish caught in a rock lobster pot under the authority of –

(a) a fishing licence (rock lobster); or

(b) a fishing licence (recreational rock lobster pot).

76.   Seine nets

A person who uses a seine net –

(a) must empty the net of scalefish while the net is in the water; and

(b) must not draw the net ashore while scalefish remain in it.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

77.   Weight of nets

A person must not use a mullet net, small-mesh gillnet, shark net or graball net unless that net –

(a) is weighted at each end with a weight that –

(i) is made of metal, concrete or a similar material; and

(ii) weighs at least 2 kilograms; and

(iii) is tied to the bottom line of the net; or

(b) is weighted at one end only with a weight that –

(i) is made of metal, concrete or a similar material; and

(ii) weighs at least 4 kilograms; and

(iii) is tied to the bottom line of the net; or

(c) when dry, weighs at least 13 kilograms for each 50 metres of its length.

Penalty:  Fine not exceeding the Grade 1 penalty.

78.   Automatic hook-baiting and hook-setting gear

(1)  In this rule –

automatic hook-baiting and hook-setting gear means any device which baits and sets hooks automatically.

(2)  A person must not use automatic hook-baiting and hook-setting gear in State waters.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(3)  A person must not have possession of automatic hook-baiting and hook-setting gear in State waters unless the person –

(a) has a Commonwealth authority that authorises the use of automatic hook-baiting and hook-setting gear; or

(b) holds a foreign fishing licence in force under the Commonwealth Act.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

79.   Fish traps

A person must not use or have possession of a trap in State waters that is not a fish trap or a bait trap.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

80.   Fish nets

(1)  A person must not use or have possession of a net in State waters for the purpose of, or in connection with, taking scalefish.

(2)  Subrule (1) does not apply to the following nets:

(a) a gillnet;

(b) a beach seine net;

(c) a bait net;

(d) a landing net;

(e) a lampara net;

(f) a purse seine net;

(g) a cast net;

(h) a trawl net;

(i) a dipnet.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

PART 7 - Gear Marking

81.   Commercial and recreational gear marking buoys

(1)  The holder of a fishing licence (vessel) must ensure that the distinguishing mark is marked legibly and clearly on the main buoy attached to the hauling line of every fish trap and fish cauf used in connection with the fishing vessel.

Penalty:  Fine not exceeding the Grade 1 penalty.

(2)  The holder of a fishing licence (vessel) must attach to a fish trap used in connection with the fishing vessel, in addition to the main buoy, a buoy marked with the letters "F.T." by attaching it to the hauling line of that fish trap within one metre of the main buoy.

Penalty:  Fine not exceeding the Grade 1 penalty.

(3)  A distinguishing mark made for the purposes of subrule (1) , or a mark made for the purposes of subrule (2) , must be not less than 70 millimetres in height and not less than 12 millimetres in width.

(4)  The holder of a fishing licence (vessel) must ensure –

(a) that the distinguishing mark made for the purposes of subrule (1) , or the mark made for the purposes of subrule (2) , remain legible and clear; and

(b) that the buoys bear only that distinguishing mark or mark.

Penalty:  Fine not exceeding the Grade 1 penalty.

82.   Marking commercial gillnets

(1)  The holder of a fishing licence that authorises the use of a small-mesh gillnet, shark net or graball net must not use that net unless the net has the distinguishing mark of the fishing vessel from which it is used clearly and legibly marked in letters not less than 70 millimetres high and not less than 12 millimetres wide on each of the surface marker buoys used to mark the net.

Penalty:  Fine not exceeding the Grade 1 penalty.

(2)  A person using a net under subrule (1) for commercial purposes must ensure that a buoy marked under that subrule bears only the distinguishing mark referred to in that subrule.

Penalty:  Fine not exceeding the Grade 1 penalty.

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

(a) if the net is used –

(i) in any shark refuge area, 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) at least one marker buoy on the net is –

(i) not less than 195 millimetres in diameter at its narrowest point; and

(ii) marked in accordance with subrule (1) ; and

(iii) designed specifically as a fishing buoy.

Penalty:  Fine not exceeding the Grade 1 penalty.

83.   Marking recreational gillnets

A person using a recreational gillnet must ensure that –

(a) the net is marked with 2 white buoys that are attached to the gillnet; and

(b) when set, the gillnet is in the water and the buoys float on the surface.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

84.   Nature of buoys

(1)  A person must not set or use any net that is required under these rules to be marked with a buoy unless the buoy –

(a) has a diameter of not less than 195 millimetres at its narrowest point; and

(b) is specifically designed as a buoy.

Penalty:  Fine not exceeding the Grade 1 penalty.

(2)  Subrule (1) does not apply to the holder of a fishing licence (banded morwong).

(3)  The holder of a fishing licence (banded morwong) using graball nets to take banded morwong in accordance with the licence may use marker buoys –

(a) that float on the surface of the water; and

(b) that are any colour; and

(c) that are any shape.

PART 8 - Prohibited and Restricted use of Fishing Gear

Division 1 - Lines

85.   Prohibited use of droplines, longlines and set lines

A person must not set or use a dropline, longline or set line in –

(a) any of the waters in the north-west region specified in Part 1 of Schedule 5 ; or

(b) any of the waters in the north-east region specified in Part 2 of Schedule 5 ; or

(c) any of the waters in the southern region specified in Part 3 of Schedule 5 ; or

(d) any shark refuge area.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

Division 2 - Nets

86.   Prohibited use of nets other than landing nets

(1)  A person must not set, or use, a gillnet, seine net, bait net, cast net or any other net that is not a landing net in –

(a) any of the waters in the north-west region specified in Part 1 of Schedule 5 ; or

(b) any of the waters in the north-east region specified in Part 2 of Schedule 5 ; or

(c) any of the waters in the southern region specified in Part 3 of Schedule 5 ; or

(d) the waters of the River Derwent that are upstream of an imaginary line from the boat ramp at Crayfish Point to Droughty Point.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(2)  A person must not set or use a gillnet, seine net, bait net, cast net or any other net that is not a landing net in the following waters unless the person is the holder of a fishing licence (personal) endorsed for the use of that net in those waters:

(a) River Mersey waters;

(b) Forth River;

(c) River Leven waters;

(d) River Tamar waters upstream of an imaginary line from the northern extremity of Garden Island to the George Town Monument;

(e) Port Sorell and its tributaries south of the line of latitude that goes through the northern end of Dells Point, known as The Tongue.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

87.   Prohibited use of nets other than bait nets and landing nets

A person must not set or use a gillnet, seine net, cast net or any other net that is not a bait net or landing net in –

(a) Ansons Bay; or

(b) Moulting Lagoon; or

(c) King Bay; or

(d) Pelican Bay; or

(e) the waters north of the line of latitude that goes through Point Bagot.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

88.   Prohibited use of mullet nets

A person must not set or use a mullet net in –

(a) a shark refuge area; or

(b) Bathurst Harbour east of an imaginary line from Turnbull Head to Milner Head; or

(c) Macquarie Harbour; or

(d) Robbins Passage; or

(e) Recherche Bay west of an imaginary line from Sullivan Point to the navigation light on Fishers Point; or

(f) the waters within 200 metres of the mouth of the Scamander River; or

(g) Southport west of an imaginary line from Southport Bluff to Burnett Point.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

89.   Prohibited use of gillnets

(1)  A person must not set or use a gillnet in a shark refuge area unless  –

(a) the person –

(i) is the holder of a fishing licence (personal) that is endorsed under rule 21 for the use of gillnet in that shark refuge area; and

(ii) is acting in accordance with that endorsement; or

(b) the person is a person specified in Schedule 6 .

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(2)  A person must not set or use a graball net in –

(a) Eaglehawk Bay; or

(b) Georges Bay; or

(c) the waters of Great Oyster Bay north of an imaginary line from Waterloo Point at Swansea to The Fisheries at Coles Bay; or

(d) Robbins Passage; or

(e) waters within 200 metres of the mouth of the Scamander River; or

(f) The Narrows at Southport bounded in the east by an imaginary line from Martins Point at the end of Deephole Bay; or

(g) waters within 100 metres of Stringers Cove at Dover.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

90.   Prohibited use of beach seine net

(1)  A person must not set or use a beach seine net in any of the following waters unless the person is the holder of a fishing licence (personal) which is endorsed for the use of that net in those waters:

(a) Point Sorell;

(b) the waters between Hawley near Devonport and North Point at Stanley.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(2)  A person must not take Australian salmon with an encircling net within one nautical mile of the low-water mark in the area between Point Sorell at Hawley near Devonport and North Point at Stanley unless the net –

(a) is a beach seine net; and

(b) is hauled from land or a beach.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(3)  The holder of a fishing licence (personal) must not take Australian salmon with a beach seine net in the waters between Point Sorell at Hawley near Devonport and North Point at Stanley unless the licence is endorsed to take Australian salmon with a beach seine net in those waters.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

91.   Use of small-mesh gillnets

(1)  A person must not use a small-mesh gillnet other than in the waters north of the lines of latitude passing through Cape Grim and Cape Naturaliste.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(2)  A person must not use a small-mesh gillnet in a shark refuge area unless the person is the holder of a fishing licence (personal) that is endorsed to use small-mesh gillnet in that area.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(3)  The holder of both a fishing licence (small-mesh gillnet) and a scalefish licence must not carry on a fishing vessel or use small-mesh gillnet and graball net if the combined length of the nets exceeds the greater of the following lengths –

(a) the length of graball net authorised to be used; or

(b) the length of small-mesh gillnet authorised to be used.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(4)  If the holder of both a fishing licence (small-mesh gillnet) and a fishing licence (personal) that is endorsed for the use of small-mesh gillnet in a shark refuge area intends to transfer the fishing licence (small-mesh gillnet), the holder must relinquish any endorsement on the fishing licence (personal) for the use of gillnet in that shark refuge area at the time of the transfer.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

Division 3 - Traps

92.   Prohibited use of traps

A person must not set or use a trap in –

(a) any of the waters in the north-west region specified in Part 1 of Schedule 5 ; or

(b) any of the waters in the north-east region specified in Part 2 of Schedule 5 ; or

(c) any of the waters in the southern region specified in Part 3 of Schedule 5 ; or

(d) the waters of the River Derwent; or

(e) the waters of the D'Entrecasteaux Channel; or

(f) Ansons Bay; or

(g) Moulting Lagoon; or

(h) King Bay; or

(i) Pelican Bay; or

(j) the waters north of the line of latitude that goes through Point Bagot.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

Division 4 - Spears

93.   Prohibited use of spears

A person must not use a spear to take scalefish in any of the following waters:

(a) River Mersey waters;

(b) River Leven waters;

(c) Inglis River waters.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

PART 9 - Catch and by-catch limits

94.   Limits on taking or possessing certain scalefish

(1)  The holder of a fishing licence (personal) who is not operating in accordance with a Commonwealth authority must not –

(a) take, or have possession of, more than 200 kilograms of any species or type of scalefish covered under the Commonwealth Act, other than the species specified in paragraph (c) ; or

(b) take, or have possession of, more than the following amounts of scalefish:

(i) 10 fish or 40 kilograms, whichever is greater in weight, in total of albacore tuna (Thunnus alalunga), skipjack tuna (Katsuwonus pelamis), longtail tuna (Thunnus tongol) and Rays bream (family Bramidae) (pomfret);

(ii) 2 fish in total of bigeye tuna and yellowfin tuna (Thunnus albacares);

(iii) 50 kilograms in total of hapuku (Polyprion oxygeneios), bass (Polyprion americanus) and bass groper (Polyprion moene);

(iv) 50 kilograms of blue-eye trevalla;

(v) 100 kilograms of blue grenadier (Macruronus novaezelandiae);

(vi) 50 kilograms of gemfish (Rexea solandri);

(vii) 50 kilograms of redfish (Centroberyx affinis); or

(c) take, or have possession of, the following fish:

(i) orange roughy (Hoplostethus atlanticus);

(ii) flathead, deepwater (Neoplatycephalus conatus);

(iii) king dory (Cyttus traversi);

(iv) black oreo (Allocyttus niger);

(v) spiky oreo (Neocyttus rhomboidalis);

(vi) smooth oreo (Pseudocyttus maculatus);

(vii) warty oreo (Allocyttus verrucosus);

(viii) ox-eye oreo (Oreosoma atlanticum);

(ix) yelloweye nannygai (Centroberyx australis);

(x) southern bluefin tuna;

(xi) northern bluefin tuna (Thunnus thynnus);

(xii) billfish (families Istiophoridae and Xiphiidae).

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(2)  Subrule (1) does not apply to the holder of a fishing licence (rock lobster).

(3)  A person who is the holder of a fishing licence (rock lobster) must not use more than the following fishing gear to take fish of the superclass Pisces:

(a) graball net, the total headline length of which is not more than 150 metres;

(b) 2 fish traps;

(c) trolling lines;

(d) one of the following:

(i) one demersal longline not more than 1 000 metres in length with not more than 200 snoods and hooks attached or capable of being attached;

(ii) 2 droplines to which no more than 200 snoods and hooks are attached or capable of being attached.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(4)  The holder of a fishing licence (rock lobster) using not more than the fishing gear specified in subrule (3) must not –

(a) take, or have possession of, more than the following amounts of scalefish:

(i) 10 fish or 40 kilograms, whichever is greater in weight, in total of albacore tuna, skipjack tuna, longtail tuna and Rays bream;

(ii) 100 kilograms of blue-eye trevalla;

(iii) 200 kilograms of ling (Genypterus blacodes);

(iv) 50 kilograms of gemfish;

(v) 20 kilograms of garfish;

(vi) 30 fish of bastard trumpeter;

(vii) 30 fish of flathead;

(viii) 15 fish of southern calamary;

(ix) 60 fish of warehou;

(x) 60 fish of jackass morwong; or

(b) take, or have possession of, the following scalefish:

(i) bigeye tuna;

(ii) billfish;

(iii) northern bluefin tuna;

(iv) orange roughy;

(v) southern bluefin tuna;

(vi) yellowfin tuna;

(vii) yelloweye nannygai; or

(c) land or unload more than –

(i) 150 kilograms of Australian salmon; or

(ii) 30 kilograms of wrasse.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(5)  A person who holds a Commonwealth authority to take a species of fish for which a Commonwealth quota applies, or which authorises the taking of that species if the person holds a quota for that species, must not take, or have possession of, any fish of that species other than in accordance with that authority.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(6)  The holder of a fishing licence (personal) must not, in State waters, take, or have possession of, more than 250 kilograms in total of all of the following fish:

(a) striped trumpeter;

(b) snapper;

(c) yellowtail kingfish.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

95.   Limits on possessing boarfish

The holder of a fishing licence (personal) must not, in State waters, have possession of more than 50 kilograms of boarfish.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

96.   Limits on holder of appropriate authority

(1)  The holder of an appropriate authority who does not hold a scalefish licence and who has possession of, or uses, shark nets or hooks in State waters must not take, or have possession of –

(a) more than 200 kilograms in total of any scalefish other than the scalefish specified in paragraph (b) ; or

(b) more than 250 kilograms in total of the following scalefish:

(i) striped trumpeter;

(ii) snapper;

(iii) yellowtail kingfish; or

(c) more than the following weight of the following scalefish:

(i) 20 kilograms of bastard trumpeter;

(ii) 50 kilograms of blue groper (Achoerodus gouldii);

(iii) 50 kilograms of red snapper (Centroberyx gerrardi).

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(2)  The holder of an appropriate authority who does not hold a scalefish licence and who has possession of, or uses, shark nets or hooks in State waters must not take, or have possession of, scalefish of the following species or type:

(a) Australian anchovy;

(b) Australian salmon or tommy ruff of the genus Arripis;

(c) banded morwong;

(d) black bream (Acanthopagrus butcheri);

(e) blue sprat;

(f) dusky morwong (Dactylophora nigricans);

(g) garfish;

(h) grassy (rock) flathead (Platycephalus laevigatus);

(i) king garfish;

(j) King George whiting (Sillaginodes punctata);

(k) luderick (Girrella tricuspidata);

(l) magpie morwong (Cheilodactylus nigripes);

(m) mulloway (Argyrosomus hololepidotus);

(n) pilchard;

(o) red mullet (Upeneichthys vlamingii);

(p) sea sweep (Scorpis aequipinnis);

(q) snook (Sphyraena novaehollandiae);

(r) sprat;

(s) wrasse;

(t) yelloweye mullet (Aldrichetta forsteri);

(u) yellowfinned whiting (Sillago schomburgkii).

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

97.   Limits on holder of appropriate authority and scalefish licence

(1)  The holder of both an appropriate authority and a scalefish licence who has possession of, or uses, more than 1 800 metres of shark net or has possession of more than 1 000 hooks in State waters must not –

(a) take, or have possession of, more than 200 kilograms in total of any scalefish other than the scalefish specified in paragraph (b) ; or

(b) take, or have possession of, more than 250 kilograms in total of the following scalefish:

(i) striped trumpeter;

(ii) snapper;

(iii) yellowtail kingfish; or

(c) take, or have possession of, more than the following weight of the following scalefish:

(i) 20 kilograms of bastard trumpeter;

(ii) 50 kilograms of blue groper (Achoerodus gouldii);

(iii) 50 kilograms of red snapper (Centroberyx gerrardi).

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(2)  The holder of both an appropriate authority and a scalefish licence who has possession of, or uses, more than 1 800 metres of shark net or has possession of more than 1 000 hooks in State waters must not take, or have possession of, scalefish of the following species or type:

(a) Australian anchovy;

(b) Australian salmon or tommy ruff of the genus Arripis;

(c) banded morwong;

(d) black bream (Acanthopagrus butcheri);

(e) blue sprat;

(f) dusky morwong (Dactylophora nigricans);

(g) garfish (Hyporhamphus melanochir);

(h) grassy (rock) flathead (Platycephalus laevigatus);

(i) king garfish;

(j) King George whiting (Sillaginodes punctata);

(k) luderick (Girrella tricuspidata);

(l) magpie morwong (Cheilodactylus nigripes);

(m) mulloway (Argyrosomus hololepidotus);

(n) pilchard;

(o) red mullet (Upeneichthys vlamingii);

(p) sea sweep (Scorpis aequipinnis);

(q) snook (Sphyraena novaehollandiae);

(r) sprat;

(s) wrasse (family Labridae);

(t) yelloweye mullet (Aldrichetta forsteri);

(u) yellowfinned whiting (Sillago schomburgkii).

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

98.   Limits on taking and possessing bait fish species & king garfish

The holder of a fishing licence (personal) must not take, or have possession of, more than the following amounts of each of the following scalefish in State waters:

(a) 10 kilograms of Australian anchovy;

(b) 10 kilograms of blue sprat;

(c) 10 kilograms of hardyhead;

(d) 20 kilograms of king garfish;

(e) 10 kilograms of pilchard;

(f) 10 kilograms of sprat.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

99.   Limits on taking and possessing squid

(1)  The holder of a fishing licence (scalefish C) must not take, or have possession of, any more than 30 arrow squid or southern calamary in total in State waters.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(2)  Subrule (1) does not apply to a person who holds both a fishing licence (scalefish C) and a fishing licence (class seine).

100.   Limits on possessing certain scalefish

The holder of a fishing licence (personal) must not have possession of more than 3 of any of the species or type of scalefish specified in Schedule 8 in State waters.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

PART 10 - Miscellaneous

101.   Use of scalefish species as bait

A person, in State waters, must not use any of the following species or type of scalefish as bait in fish traps or rock lobster pots, other than in the form of heads and frames, without having proof that the fish were purchased:

(a) banded morwong;

(b) bastard trumpeter;

(c) bigeye tuna;

(d) boarfish;

(e) gummy shark;

(f) pelagic shark;

(g) fish of the family Salmonidae;

(h) school shark;

(i) southern bluefin tuna;

(j) striped trumpeter;

(k) yellowfin tuna.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

102.   Statutory Rules rescinded

The Statutory Rules specified in Schedule 9 are rescinded.

SCHEDULE 1 - Fish Species and Interpretation

Rule 3(2)

SCHEDULE 2 - Areas and Interpretation

Rule 3(3)

SCHEDULE 3 - Size limits

Rule 7

SCHEDULE 4 - Possession Limits

Rule 69

SCHEDULE 5 - Regions

Part 8

PART 1 - North-west region

PART 2 - North-east region

PART 3 - Southern region

SCHEDULE 6 - Persons permitted to use gillnet net in shark refuge areas

Rule 89

SCHEDULE 7 - Conversion Rates for Whole Fish

Rule 13

SCHEDULE 8 - Limited scalefish

Rule 100

SCHEDULE 9 - Statutory Rules rescinded

Rule 102

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

Notified in the Gazette on 27 October 2004

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

EXPLANATORY NOTE

(This note is not part of the rule)

(a) general rules in relation to the scalefish fishery; and

(b) the authority, conditions and endorsements of licences relevant to the scalefish fishery; and

(c) the use or prohibition of certain equipment in the scalefish fishery; and

(d) other miscellaneous matters.