Fisheries (Processing and Handling) Amendment Rules 2004

Fisheries (Processing and Handling) Amendment Rules 2004

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

STEVEN KONS

Minister for Primary Industries and Water

1.   Short title

These rules may be cited as the Fisheries (Processing and Handling) Amendment Rules 2004 .

2.   Commencement

These rules take effect on the day on which their making is notified in the Gazette.

3.   Principal Rules

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

4.    Rule 3 amended (Interpretation)

Rule 3(1) of the Principal Rules is amended as follows:

(a) by omitting " Fisheries (Penalty) Regulations 1996 " from the definition of Penalty Regulations and substituting " Fisheries Penalties Regulations 2001 ";

(b) by inserting the following definition after the definition of prior movement report :

processing operation means treating fish by any process that includes any one or more of the following:

(a) cutting up;

(b) breaking up;

(c) shelling;

(d) skinning;

(e) shucking;

(f) filleting;

(g) cooking;

(h) voiding;

(i) purging;

(j) packing;

(k) freezing;

(l) canning;

(c) by omitting the definition of processing premises and substituting the following definition:

processing premises means –

(a) any place, vessel or vehicle in respect of which a fish processing licence is in force; or

(b) any place specified in a fish processing licence as a place where fish may be held or stored;

5.    Rule 5 amended (Duration of rules)

Rule 5 of the Principal Rules is amended by omitting "31 December 2004" and substituting "31 December 2010".

6.    Rule 7 amended (Possession in certain places)

Rule 7 of the Principal Rules is amended as follows:

(a) by inserting in subrule (1)(b) "held or" after "be";

(b) by inserting in subrule (2) "or handling licence" after "processing licence";

(c) by inserting in subrule (2)(b) "held or" after "be";

(d) by inserting in subrule (3) "or handling licence" after "processing licence";

(e) by inserting in subrule (3)(b) "held or" after "be".

7.    Rules 7A , 7B , 7C and 7D inserted

After rule 7 of the Principal Rules , the following rules are inserted in Part 2:

7A.   Storing farmed abalone

(1)  The holder of a fish processing licence must not hold or store abalone that has been cultivated on a marine farm other than –

(a) in a holding tank which is clearly marked with the word "farm"; or

(b) in a bin, crate, box or other container which –

(i) is clearly marked with the word "farm"; or

(ii) has a blue tag securely fixed to it that is clearly marked with the word "farm".

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(2)  Subrule (1) does not apply to abalone meat that is in the process of being removed from its shell or has been removed from its shell.

7B.   Transporting farmed abalone

(1)  The holder of a fish processing licence must not transport abalone that has been cultivated on a marine farm unless any bin, crate, box or other container in which the abalone is held or stored while being transported –

(a) is clearly marked with the word "farm"; or

(b) has a blue tag securely fixed to it that is clearly marked with the word "farm".

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(2)  Subrule (1) does not apply to abalone meat that is in the process of being removed from its shell or has been removed from its shell.

7C.   Storing farmed and wild abalone

The holder of a fish processing licence must not hold or store abalone that has been cultivated on a marine farm in a holding tank which, at the same time, also contains abalone that has been taken from the wild unless the abalone that has been cultivated on a marine farm is held or stored in a separate bin, crate, box or other container that –

(a) is clearly marked with the word "farm"; or

(b) has a blue tag securely fixed to it that is clearly marked with the word "farm".

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

7D.   Transporting farmed and wild abalone

(1)  The holder of a fish processing licence must not transport abalone that has been cultivated on a marine farm in any bin, crate, box or other container which, at the same time, also contains abalone that has been taken from the wild.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(2)  Subrule (1) does not apply to abalone that has been through a processing operation and leaves the immediate proximity of a processing premises for immediate export in accordance with the requirements of rule 26 .

8.    Rule 8 amended (Transporting to specified places)

Rule 8 of the Principal Rules is amended as follows:

(a) by inserting in subrule (2) "or handling licence" after "processing licence";

(b) by inserting in subrule (3) "or handling licence" after "processing licence".

9.    Rule 9 amended (Transporting after taking possession)

Rule 9 of the Principal Rules is amended as follows:

(a) by omitting from subrule (1) "specified on the licence" and substituting "specified in the licence";

(b) by inserting in subrule (2) "or handling licence" after "processing licence";

(c) by omitting from subrule (2) "specified on the licence" and substituting "specified in the licence";

(d) by inserting in subrule (3) "or handling licence" after "processing licence";

(e) by omitting from subrule (3) "specified on the licence" and substituting "specified in the licence";

(f) by omitting from subrule (4) "specified on the licence" and substituting "specified in the licence";

(g) by omitting from subrule (5) "specified on" and substituting "specified in";

(h) by inserting the following subrule after subrule (5) :

(6)  For the purpose of this rule, the transport of fish has not concluded if an interruption or diversion occurs for the purpose of taking possession of other fish.

10.    Rule 12 amended (Movement report)

Rule 12 of the Principal Rules is amended as follows:

(a) by omitting from subrule (2) "specified on" and substituting "specified in";

(b) by omitting paragraph (b) from subrule (3) and substituting the following paragraph:

(b) if there is no reasonable opportunity to make the movement report before the rock lobster is moved from the immediate proximity of the site of unloading, at whichever of the following is the earliest:

(i) at the first reasonable opportunity to do so;

(ii) at least 15 minutes before the rock lobster enters the immediate proximity of any processing premises;

(iii) at least 15 minutes before the rock lobster enters the immediate proximity of any place specified in the licence as a place where rock lobster may be stored or processed.

(c) by omitting paragraph (b) from subrule (4) and substituting the following paragraph:

(b) if there is no reasonable opportunity to make the movement report before the giant crab is moved from the immediate proximity of the site of unloading, at whichever of the following is the earliest:

(i) at the first reasonable opportunity to do so;

(ii) at least 15 minutes before the giant crab enters the immediate proximity of any processing premises;

(iii) at least 15 minutes before the giant crab enters the immediate proximity of any place specified in the licence as a place where giant crab may be stored or processed.

11.    Rule 13 amended (Requirement to weigh and record weight)

Rule 13 of the Principal Rules is amended by omitting subrules (1) and (2) and substituting the following subrules:

(1)  The holder of a licence who is required to make a movement report must weigh with a weighing instrument any abalone, rock lobster or giant crab within the immediate proximity of the site of unloading, before moving or transporting the abalone, rock lobster or giant crab.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(1A)  The holder of a licence who is required to make a movement report, and who takes possession of abalone under rule 12(2) , must weigh the abalone with a weighing instrument within the immediate proximity of the site at which the abalone were taken possession of, before moving or transporting the abalone.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(2)  The holder of a licence who is required to make a prior movement report under rule 14 must weigh with a weighing instrument and in accordance with subrule (3) any abalone, rock lobster or giant crab within the immediate proximity of the site of unloading before that abalone, rock lobster or giant crab enters any place capable of being fully enclosed within the processing premises.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

12.    Rule 14 amended (Prior movement report)

Rule 14 of the Principal Rules is amended by inserting "at least" after "service".

13.    Rule 15 amended (Receipt report)

Rule 15 of the Principal Rules is amended as follows:

(a) by omitting from subrule (2) ", as a condition on the licence," and substituting "in the licence";

(b) by omitting from subrule (3) "abalone," twice occurring;

(c) by omitting from subrule (4) "abalone,";

(d) by omitting paragraph (a) from subrule (5) and substituting the following paragraph:

(a) in respect of processing premises not within the immediate proximity of the site of unloading, or a place specified in a handling licence as a place where abalone, rock lobster or giant crab can be held or stored, within 30 minutes from the time the abalone, rock lobster or giant crab being delivered to the processing premises or the place enters the immediate proximity of the processing premises or the place; or

(e) by inserting in subrule (5)(b) ", or a place specified in a handling licence as a place where rock lobster or giant crab can be held or stored," after "processing premises";

(f) by inserting in subrule (5)(b) "or within the place specified in the licence" after "the premises";

(g) by inserting in subrule (5)(b) "within" after "case,";

(h) by omitting paragraph (c) from subrule (5) and substituting the following paragraphs:

(c) in respect of the delivery of rock lobster or giant crab to the holder of a handling licence where that rock lobster or giant crab is placed in a fish cauf or holding tank that is not within the immediate proximity of the site of unloading and not within a temporary or permanent building or structure, within 30 minutes after the time when that rock lobster or giant crab enters the immediate proximity of that fish cauf or holding tank, if that delivery is within 3 hours after the time when a prior movement report or movement report in respect of that rock lobster or giant crab was made; or

(d) in respect of the delivery of rock lobster or giant crab to the holder of a handling licence where that rock lobster or giant crab is placed in a fish cauf or holding tank that is within the immediate proximity of the site of unloading and not within a temporary or permanent building or structure, the time when the last rock lobster or giant crab relating to the relevant commercial rock lobster quota docket or commercial giant crab quota docket is put in that fish cauf or holding tank, if that delivery is within 3 hours after the time when a prior movement report or movement report in respect of that rock lobster or giant crab was made; or

(e) in respect of the delivery of rock lobster or giant crab to the holder of a handling licence where that rock lobster or giant crab is held or stored at a place specified in the licence as a place where rock lobster or giant grab can be held or stored and that place is not within the immediate proximity of the site of unloading, within 30 minutes after the time when the rock lobster or giant crab being delivered to that place enters the proximity of that place, if that delivery is within 3 hours after the time when a prior movement report or movement report in respect of that rock lobster or giant crab was made; or

(f) in respect of the delivery of rock lobster or giant crab to the holder of a handling licence where that rock lobster or giant crab is held or stored at a place specified in the licence as a place where rock lobster or giant crab can be held or stored and that place is within the immediate proximity of the site of unloading, the time when the last rock lobster or giant crab relating to the relevant commercial rock lobster quota docket or commercial giant crab quota docket enters any building or structure, if that delivery is within 3 hours after the time when a prior movement report or movement report in respect of that rock lobster or giant crab was made.

14.    Rule 16 amended (Dispatch report)

Rule 16 of the Principal Rules is amended as follows:

(a) by omitting from subrule (2)(b)(i) "5" and substituting "20";

(b) by omitting from subrule (2)(b)(ii) "5" and substituting "20";

(c) by omitting from subrule (2)(b)(iii) "1" and substituting "5";

(d) by inserting the following subrule after subrule (3) :

(4)  Subrule (3) does not apply in respect of –

(a) any rock lobster or giant crab sold by retail; or

(b) any sale by wholesale to a person within the State of –

(i) 20 rock lobster or less; or

(ii) 5 giant crab or less.

15.    Rule 17 amended (Alternative arrangements)

Rule 17(a) of the Principal Rules is amended by omitting "fish processing".

16.    Rule 25 amended (Fish receipt docket)

Rule 25 of the Principal Rules is amended by omitting subrule (2) and substituting the following subrules:

(2)  The holder of a handling licence must complete or cause to be completed a fish receipt docket within 15 minutes after receiving any rock lobster or giant crab within the immediate proximity of a place specified in the licence as a place where rock lobster or giant crab may be held or stored, if that rock lobster or giant crab is to be held or stored at that place.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(2A)  The holder of a handling licence must complete or cause to be completed a fish receipt docket within 15 minutes after receiving any rock lobster or giant crab that he or she has placed in a fish cauf or holding tank that is not within a temporary or permanent building or structure.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

17.    Rule 26 amended (Completing fish dispatch dockets)

Rule 26 of the Principal Rules is amended by omitting subrule (3) and substituting the following subrule:

(3)  Subrules (1) and (2) do not apply in respect of any abalone, rock lobster or giant crab sold by retail.

18.    Rule 27A inserted

After rule 27 of the Principal Rules , the following rule is inserted in Division 3:

27A.   Labelling of abalone packaging

(1)  The holder of a fish processing licence must ensure that any abalone that leaves the immediate proximity of the processing premises for the purpose of, or with the intent of, being transported outside the State has a clearly visible label attached to the packaging of the abalone specifying –

(a) the full name of the holder of the fish processing licence who packaged the abalone or the full name of the person on whose behalf the abalone was packaged; and

(b) the approved Australian Quarantine and Inspection Service number for the processing premises or the licence holder's fish processing licence entitlement number; and

(c) the net weight in kilograms of the abalone contained in the package; and

(d) the date when the abalone was packaged; and

(e) that the abalone was live, fresh, frozen, dried, cooked or in any other form when packaged.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(2)  In this regulation –

packaging means any package or container by which abalone is wholly encased, enclosed, contained or packed and, in the case of abalone carried or intended to be carried in more than one package or container, includes each package or container.

19.    Rule 31 substituted

Rule 31 of the Principal Rules is rescinded and the following rule is substituted:

31.   Conflict of interest

(1)  Unless otherwise approved, a person who lands abalone must not complete Part B of a commercial abalone dive docket as the holder of a fish processing licence or as an agent of that licence.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(2)  Unless otherwise approved, a person who lands rock lobster must not complete Part B of a commercial rock lobster quota docket as the holder of a fish processing licence.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(3)  Unless otherwise approved, a person who lands giant crab must not complete Part B of a commercial giant crab quota docket as the holder of a fish processing licence.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(4)  The reference in subrules (1) , (2) and (3) to a person means a natural person and not a company registered in accordance with the Corporations Act.

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

Notified in the Gazette on 29 December 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) updating, clarifying and revising certain provisions; and

(b) making provision in respect of the mandatory labelling of all abalone product being exported from Tasmania.