Fisheries (Infringement Notices) Amendment Regulations 2004
I, the Administrator 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 .
13 December 2004PETER G. UNDERWOOD
Administrator
By His Excellency's Command,
STEVEN KONS
Minister for Primary Industries and Water
These regulations may be cited as the Fisheries (Infringement Notices) Amendment Regulations 2004 .
These regulations take effect on the day on which their making is notified in the Gazette.
In these regulations, the Fisheries (Infringement Notices) Regulations 2001 are referred to as the Principal Regulations.
4. Regulation 8 amended (Offences under Fisheries (Scalefish) Rules 2004)
Regulation 8(1) of the Principal Regulations is amended by omitting " Fisheries (Scalefish) Rules 2001 " and substituting " Fisheries (Scalefish) Rules 2004 ".
5. Schedule 2 amended (Offences under Fisheries (General and Fees) Regulations 1996 )
Schedule 2 to the Principal Regulations is amended as follows:(a) by omittingand substituting the following item:
6(1)
Taking undersize abalone with shell length less than 132mm without licence
2
6(1)
Taking undersize abalone with shell length less than 127mm without licence
2
(b) by omittingand substituting the following item:
6(2)
Possessing undersize abalone with shell length less than 132mm without authorisation
2
6(2)
Possessing undersize abalone with shell length less than 127mm without authorisation
2
6. Schedule 3 amended (Offences under Fisheries Rules 1999 )
Schedule 3 to the Principal Regulations is amended by omittingand substituting:
40A
Taking from State waters in one day more than –
2
(a) 100 clams or cockles, either as a combination of the two species or as a single species; or
(b) 100 mussels; or
(c) 100 molluscs (periwinkles); or
(d) 50 native oysters
40A
Taking more than the specified number of shellfish
1
7. Schedule 5 amended (Offences under Fisheries (Rock Lobster and Giant Crab) Rules 2001 )
Schedule 5 to the Principal Regulations is amended as follows:(a) by omitting the following item
Taking rock lobster or possessing rock lobster taken from marine nature reserve
2
(b) by omitting the following item
Taking or possessing giant crab taken from marine nature reserve
4
8. Schedule 6 substituted
Schedule 6 to the Principal Regulations is rescinded and the following Schedule is substituted:SCHEDULE 6 - Offences under Fisheries (Scalefish) Rules 2004
Column 1
Column 2
Column 3
Rule
General description of offence
Penalty units
7
Taking, buying, selling or possessing certain undersize or oversize fish
1
15
Taking scalefish commercially without prescribed licence(s) or appropriate authority
2
17
Carrying on fishing vessel or using more small-mesh gillnet/graball net than allowed
2
23
Taking or possessing banded morwong for commercial purposes without licence
1
25(1)
Selling live wrasse without licence or receipt
1
25(2)
Possessing wrasse with total weight exceeding 30 kilograms without prescribed licence
1
25(3)
Taking (in one day) wrasse with total weight exceeding 30 kilograms without prescribed licence
1
30
Carrying on fishing vessel or using fishing gear, used or intended to be used to take scalefish, in excess of authorised amount
2
31
Carrying on fishing vessel or using fishing gear in excess of authorised amount on commercial scalefish fishing trip
2
32(a)
Person on fishing vessel, carrying other fishing vessel, carrying more fishing gear on either vessel than combined maximum amount authorised for both vessels
2
32(b)
Person on fishing vessel, carrying other fishing vessel, using more fishing gear on one vessel than authorised to be used from that vessel
2
33(1)(a)
Holder of fishing licence (vessel) using more than one dinghy to transport scalefish from specified vessel
2
33(1)(b)
Holder of fishing licence (vessel) using dinghy that exceeds allowed length
2
33(3)
Holder of fishing licence (vessel) failing to ensure letter "D" displayed on dinghy as required
2
36(1)
Carrying on fishing vessel or using commercial graball net with net depth of more than 50 meshes without prescribed licence
2
36(2)
Holder of fishing licence (scalefish A or B) carrying on fishing vessel or using commercial graball net with net depth of more than 50 meshes when carrying or using more than half of authorised amount of commercial graball net
2
44
Carrying on fishing vessel or using small-mesh gillnet with net depth of more than 75 meshes
2
49(a)
Holder of fishing licence (general trawl) carrying more Danish seine nets on fishing vessel than specified in licence
2
49(b)
Holder of fishing licence (general trawl) using more than one Danish seine net at one time
2
51(a)
Holder of fishing licence (limited trawl) carrying more Danish seine nets on fishing vessel than specified in licence
2
51(b)
Holder of fishing licence (limited trawl) using more than one Danish seine net at one time
2
58
Holder of fishing licence (Australian salmon), using authorised fishing gear, taking and carrying on fishing vessel more than 50kg in total of fish other than Australian salmon unless in accordance with prescribed licence
3
59(1)
Holder of licence referred to in rule using more fishing gear than authorised by licence or rules
2
59(5)
Holding more than one of each licence referred to in rule
2
60(2)
Holder of specified licence failing to mark and attach buoy as required
1
61(2)
Holder of specified licence using fishing gear without tag issued for gear being attached and visible
1
61(4)
Holder of specified licence using fishing gear (if tag lost or destroyed) without buoy attached and marked as required
1
62(1)
Recreationally taking scalefish using beach seine net without licence
2
62(2)
Recreationally taking scalefish using graball net without licence
2
62(3)
Recreationally taking scalefish using mullet net without licence
2
63
Setting mullet net on seabed that is reef or not predominantly sand
1
64
Holder of fishing licence (recreational graball or mullet net) carrying on vessel or using more than 3 recreational gillnets
2
65(1)
Using cast net other than by hand
1
65(2)
User of cast net failing to attend net
1
66
Recreationally taking scalefish using unauthorised fishing gear
2
67
Carrying or using line with more than 5 hooks if 4 other such lines are carried on vessel or used
2
68(2)
Using longline for recreational fishing without marker buoy attached to each end of longline
1
68(3)
Using dropline for recreational fishing without marker buoy attached to upper end of dropline
1
69
Taking or possessing more than specified possession limit of scalefish without prescribed licence, prescribed Commonwealth authority or proof of purchase
1
70
Person on fishing vessel taking or possessing more than 5 sharks and shark carcasses without appropriate authority
3
71
Taking shark (other than elephant fish) in shark refuge area
3
72
Possessing shark fins without trunk or body of shark from which they came
2
73
Setting or leaving recreational gillnet or commercial graball net in State waters between one hour after sunset and one hour before sunrise
2
74
Using spear to take bream or boarfish
1
76(a)
Failing to empty seine net in water
2
76(b)
Drawing seine net containing scalefish ashore
2
77
Using mullet net, small-mesh gillnet, shark net or graball net that does not comply with weight requirements
1
80
Using or possessing unauthorised net to take scalefish
1
81(1)
Holder of fishing licence (vessel) failing to ensure main hauling line buoy has clear and legible distinguishing mark
1
81(2)
Holder of fishing licence (vessel) failing to attach as required additional buoy with required marking to fish trap hauling line
1
81(4)(a)
Holder of fishing licence (vessel) failing to maintain distinguishing marks
1
81(4)(b)
Holder of fishing licence (vessel) failing to ensure buoys bear only required distinguishing mark or mark
1
82(1)
Holder of fishing licence using authorised net without distinguishing mark of fishing vessel marked as required on each surface marker buoy
1
82(2)
Holder of fishing licence, commercially using authorised net, failing to ensure buoy bears only distinguishing mark required
1
82(3)
Person commercially using graball net failing to ensure marker and marker buoy requirements are met
1
83(a)
Person using recreational gillnet failing to ensure net is marked with 2 white buoys
1
83(b)
Person using recreational gillnet failing to ensure net is correctly set
1
85
Setting or using dropline, longline or set line in prohibited waters or shark refuge area
2
86(1)
Setting or using net (other than landing net) in prohibited waters
2
86(2)
Person other than holder of fishing licence (personal) appropriately endorsed setting or using net (other than landing net) in prohibited waters
2
87
Setting or using net other than bait net or landing net in prohibited waters
2
88
Setting or using mullet net in prohibited waters
2
89(1)
Person not exempt from rule setting or using gillnet in shark refuge area
2
89(2)
Setting or using graball net in prohibited waters
2
90(1)
Person not exempt from rule setting or using beach seine net in prohibited waters
2
90(2)
Taking Australian salmon with encircling net within one nautical mile of low-water mark in prohibited area otherwise than as permitted
2
90(3)
Holder of fishing licence (personal) taking Australian salmon with beach seine net between Point Sorell and North Point without endorsement
2
93
Using spear to take scalefish in prohibited waters
1
94(1)(a) & (b)
Holder of fishing licence (personal) (not operating in accordance with Commonwealth authority) taking or possessing more than prescribed weight or quantity of scalefish
1
94(1)(c)
Holder of fishing licence (personal) (not operating in accordance with Commonwealth authority) taking or possessing prescribed fish
1
94(3)
Holder of fishing licence (rock lobster) using more than prescribed fishing gear to take fish of superclass Pisces
1
94(4)(a)
Holder of fishing licence (rock lobster) (using not more than prescribed fishing gear) taking or possessing more than prescribed quantity or amount of scalefish
1
94(4)(b)
Holder of fishing licence (rock lobster) (using not more than prescribed fishing gear) taking or possessing prescribed scalefish
1
94(4)(c)
Holder of fishing licence (rock lobster) (using not more than prescribed fishing gear) landing or unloading more than 150kg of Australian salmon or 30kg of wrasse
1
94(5)
Holder of Commonwealth authority referred to in rule taking or possessing fish (of species to which authority applies) other than in accordance with authority
1
94(6)
Holder of fishing licence (personal) taking or possessing more than 250kg in total of prescribed fish
1
99
Holder of fishing licence (scalefish C) taking or possessing total of more than 30 arrow squid or calamary
1
101
Using prescribed scalefish as bait in fish traps or rock lobster pots, other than in the form of heads and frames, without proof of purchase
1
9. Schedule 7 amended (Offences under Fisheries (Scallop) Rules 2000 )
Schedule 7 to the Principal Regulations is amended by omitting
45
Using excess containers or containers that do not conform
2
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 22 December 2004
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 (Infringement Notices) Regulations 2001 by –(a) prescribing the offences under the Fisheries (Scalefish) Rules 2004 in respect of which infringement notices may be issued and the penalties payable in respect of those offences; and(b) updating certain other categories of infringement notice offences.