Fisheries (Rock Lobster and Giant Crab) Amendment Rules 2005

Fisheries (Rock Lobster and Giant Crab) Amendment Rules 2005

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

S. KONS

Minister for Primary Industries and Water

1.   Short title

These rules may be cited as the Fisheries (Rock Lobster and Giant Crab) Amendment Rules 2005 .

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 (Rock Lobster and Giant Crab) 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 the definition of marine nature reserve ;

(b) by inserting the following definition after the definition of quota docket :

quota year means the period referred to in rule 43(1) and rule 44(1) during which the total allowable catch for the rock lobster and giant crab fisheries may be taken;

(c) by inserting the following definition after the definition of reporting service :

research quota unit means an entitlement to take rock lobster in accordance with rule 52A ;

(d) by omitting the definition of rock lobster quota unit balance and substituting the following definition:

rock lobster quota unit balance means the sum of –

(a) the portion of the total weight of the rock lobster quota units; and

(b) the portion of the total weight of the rock lobster carry over unit; and

(c) the portion of the total weight of the rock lobster research quota units –

specified in a fishing licence that remain uncaught;

5.    Rule 11 amended (Restrictions on rock lobster generally)

Rule 11 of the Principal Rules is amended by omitting subrules (3) and (4) .

6.    Rule 18 rescinded

Rule 18 of the Principal Rules is rescinded.

7.    Rule 25 amended (Recreational fishing licence number)

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

(2)  On being advised of the licence number, the holder of the licence must –

(a) mark that number legibly, with figures not less than 70 millimetres high and 12 millimetres wide, on the marker buoy required for any fish cauf, rock lobster pot or rock lobster ring used under the licence; and

(b) mark the letter "P" legibly on the marker buoy required for any rock lobster pot used under the licence; and

(c) attach the marker buoy securely to the fish cauf or rock lobster pot to which the licence relates.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(2A)  The holder of the licence must –

(a) ensure that no identifying marks other than those required under subrule (2)(a) and (b) are on the marker buoy; and

(b) maintain the marks required under subrule (2)(a) and (b) in a legible condition.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

8.    Rule 26 amended (Recreational fishing gear tag)

Rule 26 of the Principal Rules is amended as follows:

(a) by omitting from subrule (1) "is to" and substituting "may";

(b) by omitting from subrule (2) "The" and substituting "If subrule (1) applies, the".

9.    Rule 34 amended (Authority of fishing licence (rock lobster))

Rule 34 of the Principal Rules is amended by inserting after paragraph (b) the following paragraph:

(ba) take the weight of rock lobster equivalent to the total weight determined under rule 52A(3)(a) for the research quota units, if any, specified in the licence; and

10.    Rule 42 amended (Quota units held on licence)

Rule 42(1) of the Principal Rules is amended by omitting "5" and substituting "one".

11.    Rule 48 amended (Transfer of quota units)

Rule 48 of the Principal Rules is amended as follows:

(a) by omitting subrule (1) and substituting the following subrule:

(1)  The Minister is not to transfer a rock lobster quota unit, giant crab quota unit, giant crab carry over unit, rock lobster carry over unit or research quota unit to a person who is not the holder of a relevant commercial fishing licence.

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

(3)  The Minister is not to transfer a partially caught rock lobster quota unit, giant crab quota unit, giant crab carry over unit, rock lobster carry over unit or research quota unit.

12.    Rule 51 substituted

Rule 51 of the Principal Rules is rescinded and the following rule is substituted:

51.   Deduction from quota at end of open season or quota year

(1)  The holder of a commercial fishing licence must not hold rock lobster or giant crab on a fishing vessel during a closed season, or after the end of a quota year during which the rock lobster or giant crab were taken, unless the holder of the licence –

(a) within 48 hours after the start of the closed season, or the next quota year –

(i) weighs the rock lobster or giant crab; and

(ii) completes Part A of the commercial rock lobster quota docket or commercial giant crab quota docket and enters on that docket that the rock lobster or giant crab are held on, and have not been unloaded from, the fishing vessel; and

(iii) forwards the pink copy of the commercial rock lobster quota docket or commercial giant crab quota docket, with Part A completed, to the Secretary; and

(b) when the rock lobster or giant crab are unloaded –

(i) completes a new commercial rock lobster quota docket or commercial giant crab quota docket in accordance with Division 2 of Part 7 ; and

(ii) enters, on the new docket, the quota docket number of the quota docket referred to in subrule (1)(a)(ii) ; and

(c) unloads the rock lobster or giant crab before the commencement of the first fishing trip of the next open season or quota year.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(2)  Subrule (1) does not apply if the holder of a commercial fishing licence has –

(a) received written approval to use alternative arrangements when holding rock lobster or giant crab on a fishing vessel during a closed season, or after the end of a quota year; and

(b) the rock lobster or giant crab are held in accordance with that approval.

(3)  The holder of a commercial fishing licence must not hold rock lobster or giant crab in a fish cauf during a closed season, or after the end of a quota year during which the rock lobster or giant crab were taken, unless the holder of the licence within 48 hours after the start of the closed season, or the next quota year –

(a) weighs the rock lobster or giant crab; and

(b) completes the commercial rock lobster quota docket or commercial giant crab quota docket and enters on it that the rock lobster or giant crab are being held in the fish cauf; and

(c) forwards the pink copy of the commercial rock lobster quota docket or commercial giant crab quota docket, with Part A and Part B completed, to the Secretary.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

13.    Rule 52A substituted

Rule 52A of the Principal Rules is rescinded and the following rule is substituted:

52A.   Research quota units

(1)  The Secretary may allocate research quota units to the holder of a fishing licence (rock lobster) in lieu of payment for approved research undertaken by the holder of the licence.

(2)  A research quota unit allocated under subrule (1) authorises the holder of the fishing licence (rock lobster) to take, for commercial purposes, the weight of rock lobster determined under subrule (3)(a).

(3)  The Secretary is to determine –

(a) the weight of rock lobster that may be taken under a research quota unit; and

(b) the conditions on which the rock lobster may be taken.

(4)  The Secretary is not to allocate research quota units so that the total value of those research quota units exceeds 1% of the total allowable catch for the rock lobster fishery.

(5)  The holder of a fishing licence (rock lobster) who has been allocated a research quota unit–

(a) must not take more rock lobster than the weight determined under subrule (3)(a) for that research quota unit; and

(b) must comply with the conditions determined under subrule (3)(b) .

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(6)  A research quota unit is not to be permanently transferred.

14.    Rule 54 amended (Use of rock lobster pots in certain places)

Rule 54 of the Principal Rules is amended as follows:

(a) by omitting paragraph (d) from subrule (1) ;

(b) by omitting subrule (2) .

15.    Rule 55 amended (Restrictions on setting traps)

Rule 55 of the Principal Rules is amended by inserting after subrule (7) the following subrules:

(7A)  The holder of a fishing licence (rock lobster) must, within 48 hours after giving a notice under subrule (7) , advise a fisheries officer of the arrangements that have been made to retrieve the relevant rock lobster pot.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(7B)  If the advice under subrule (7A) is to the effect that a person other than the holder of the fishing licence (rock lobster) will retrieve the relevant rock lobster pot, the fisheries officer may give the holder of the licence directions for its retrieval.

(7C)  The holder of the fishing licence (rock lobster) must, if given any directions under subrule (7B) , ensure that those directions are complied with.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(7D)  Subrules (4) , (5) and (7) do not apply to the holder of a fishing licence (rock lobster) who –

(a) has written approval to set  a rock lobster pot not having bait or a bait-holding device; and

(b) complies with the conditions of that approval.

16.    Rule 87 amended (Exporting rock lobster or giant crab)

Rule 87(2) of the Principal Rules is amended as follows:

(a) by inserting in paragraph (b) "(unless alternative arrangements have been approved in writing)" after "take";

(b) by inserting in paragraph (d) "(unless alternative arrangements have been approved in writing)" after "not";

(c) by inserting in paragraph (e) "(unless alternative arrangements have been approved in writing)" after "ensure".

17.    Rule 90 amended (Fish caufs and holding tanks for commercial purposes)

Rule 90 of the Principal Rules is amended by omitting subrules (11) and (12) and substituting the following subrule:

(11)  The holder of a commercial fishing licence who holds rock lobster or giant crab in a fish cauf during a closed season, or after the end of a quota year during which the rock lobster or giant crab were taken, must  –

(a) not place any rock lobster or giant crab taken by another person in the fish cauf; and

(b) have completed Part A and Part B of the commercial rock lobster quota docket or commercial giant crab quota docket in respect of the rock lobster or giant crab in the fish cauf; and

(c) if any additional rock lobster or giant crab are placed in the fish cauf, complete a commercial rock lobster quota docket or commercial giant crab quota docket in respect of the additional rock lobster or giant crab.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

18.    Rule 91 amended (Removing rock lobster or giant crab from fish cauf or holding tank)

Rule 91 of the Principal Rules is amended by omitting subrule (3) and substituting the following subrule:

(3)  The holder of a commercial fishing licence who removes rock lobster or giant crab from a fish cauf, and who has completed the commercial rock lobster quota docket or commercial giant crab quota docket in respect of the rock lobster or giant crab, must complete a fish dispatch docket before the rock lobster or giant crab leave the site of unloading.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

19.    Rule 94 amended (Tagging of rock lobster)

Rule 94 of the Principal Rules is amended as follows:

(a) by omitting subrules (1) , (2) and (3) and substituting the following subrules:

(1)  A person must not have possession of, or sell, rock lobster for consumption in the State unless –

(a) a tag, in an approved form, is securely affixed to a horn on the rock lobster; or

(b) the rock lobster is tagged in another approved manner.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(2)  However, a person is not guilty of an offence against subrule (1) if –

(a) the person is the holder of a fishing licence (rock lobster) with an endorsement authorising the use of a holding tank; and

(b) the untagged rock lobster are being held in a holding tank for sale directly to persons who do not hold fish processing licences or handling licences; and

(c) each rock lobster so sold is tagged in accordance with subrule (1) as soon as it is removed from the holding tank.

(3)  A person must not have possession of rock lobster at a place where the business of selling fish is carried on, either by wholesale or retail, unless the rock lobster is tagged in accordance with subrule (1) .

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(b) by omitting from subrule (4) "in respect of possession of rock lobster for sale".

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

Notified in the Gazette on 16 February 2005

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

EXPLANATORY NOTE

(This note is not part of the rule)

(a) in relation to the marking of marker buoys required for fish caufs, rock lobster pots and rock lobster rings; and

(b) by decreasing the minimum number of quota units that may be held on a fishing licence (rock lobster); and

(c) in relation to the possession of rock lobster and giant crab during a closed season or after the end of a quota year; and

(d) by permitting the allocation of rock lobster research quota units instead of payment for approved research; and

(e) in relation to the possession, use or setting of a rock lobster pot in State waters; and

(f) in relation to the tagging of rock lobster; and

(g) by removing references to "marine nature reserve"; and

(h) by making minor consequential and miscellaneous amendments.