Inland Fisheries (Recreational Fishing) Amendment Regulations 2004

Inland Fisheries (Recreational Fishing) Amendment Regulations 2004

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,

STEVEN KONS

Minister for Primary Industries and Water

1.   Short title

These regulations may be cited as the Inland Fisheries (Recreational Fishing) Amendment Regulations 2004 .

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 by omitting the definition of mud eye .

5.    Regulation 7 amended (Taking fish from inland waters)

Regulation 7(2)(a) of the Principal Regulations is amended by omitting subparagraphs (i) and (ii) and substituting the following subparagraphs:

(i) a landing net; or

(ii) a seine net that –

(A) is  not more than 6 metres long and not more than one metre deep; and

(B) has a mesh of more than 12, but not more than 30, millimetres; and

(C) is being used to obtain bait in a coastal lagoon or estuarine waters, and is being emptied into the water without being drawn ashore;

6.    Regulation 19 amended (Taking fish from boats)

Regulation 19 of the Principal Regulations is amended as follows:

(a) by omitting from subregulation (3) "Dam" and substituting "Reservoir";

(b) by inserting the following subregulation after subregulation (4) :

(4A)  A person must not take fish by trolling in Lake Leake using a boat propelled in any manner other than by oars or electric motor.

Penalty:  Fine of not less than 1 penalty unit and not more than 5 penalty units.

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

Regulation 21(5) of the Principal Regulations is amended by omitting ", other than mud eye,".

8.    Regulation 23 amended (Use of nets)

Regulation 23 of the Principal Regulations is amended by omitting subregulation (1) and substituting the following subregulation:

(1)  A person who is on the bank of any inland waters or is in any inland waters, or is in or on a boat on any inland waters, must not possess or use a net other than –

(a) a landing net; or

(b) a seine net that –

(i) is  not more than 6 metres long and not more than one metre deep; and

(ii) has a mesh of more than 12, but not more than 30, millimetres; and

(iii) is being used to obtain bait in a coastal lagoon or estuarine waters, and is being emptied into the water without being drawn ashore.

Penalty:  Fine of not less than 3 penalty units and not more than 10 penalty units.

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

Notified in the Gazette on 24 November 2004

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

EXPLANATORY NOTE

(This note is not part of the regulation)

(a) prohibiting trolling in Lake Leake in a boat that is not propelled by oars or electric motor; and

(b) correcting a reference to Curries River Reservoir; and

(c) clarifying restrictions on the use of nets in inland waters; and

(d) making other minor corrections.