Fisheries (Infringement Notices) Amendment Regulations 2005
I, the 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 Living Marine Resources Management Act 1995 .
6 June 2005W. J. E. COX
Governor
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 2005 .
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 9 amended (Offences under Fisheries (Scallop) Rules 2005)
Regulation 9(1) of the Principal Regulations is amended by omitting " Fisheries (Scallop) Rules 2000 " and substituting " Fisheries (Scallop) Rules 2005 ".
5. Schedule 7 substituted
Schedule 7 to the Principal Regulations is rescinded and the following Schedule is substituted:SCHEDULE 7 - Offences under Fisheries (Scallop) Rules 2005
Column 1
Column 2
Column 3
Rule
General description of offence
Penalty units
9(1)(a)
Taking scallops from State waters during closed season
4
9(1)(b)
Possessing scallops during closed season
4
10(1)
Taking or possessing scallops in State waters during open season unless holding a prescribed licence or undertaking Aboriginal cultural activity
4
11(5)
Person who does not hold fishing licence (scallop) taking or possessing, in any one day in State waters, more than 100 scallops or lower amount set by Minister
1
11(6)
Possessing more than 200 whole scallops without licence authority or sales receipt for excess scallops
4
11(7)
Possessing more than 5 kilograms of scallop meat without licence authority or sales receipt for excess scallop meat
4
14(2)
Holder of fishing licence (scallop) failing to keep records on fishing vessel showing quota unit balance for licence after each unloading and before commencement of each fishing trip
4
15
Taking undersize scallops from the wild without prescribed licence authority
2
16
Possessing undersize scallops from the wild without prescribed licence authority or if undersize scallops not purchased from fish merchant
2
17(2)
Taking or possessing scallops smaller than specified minimum size for part of fishery
2
17(3)
Taking or possessing more than amount of scallops specified for part of fishery
2
18(1)
Holder of fishing licence (scallop) failing to ensure vessel specified in relevant fishing certificate does not enter closed area (class 1)
3
18(2)
Bass Strait scallop fisher failing to ensure fishing vessel used on trip does not enter closed area (class 1)
3
19
Holder of fishing licence (scallop) or recreational scallop licence taking scallops during open season from scallop limited area that is not open
5
22(1)
Possessing scallop dredge in State waters without prescribed licence or authority
4
22(2)
Bass Strait scallop fisher who does not hold fishing licence (scallop) possessing scallop dredge in State waters without scallop dredge being on board fishing vessel
4
22(3)
Holder of fishing licence (scallop) possessing scallop dredge in State waters while fishing licence (scallop) deactivated
4
23(1)
Using or deploying scallop dredge in scallop limited area
5
24(1)
Possessing scallop dredge in closed area (class 1)
5
25(1)
Deploying scallop dredge in closed area (class 2)
3
26(1)
Possessing scallop dredge in State waters during closed season
5
26(4)
Bass Strait scallop fisher possessing scallop dredge in State waters without dredge being and remaining on board fishing vessel
5
27(1)
Using scallop dredge in State waters without prescribed licence
4
27(2)
Holder of fishing licence (scallop) in State waters using scallop dredge not conforming with prescribed specifications
2
27(3)
Holder of fishing licence (scallop) causing or permitting more than one scallop dredge to be used from fishing vessel
2
27(4)(a)
Holder of fishing licence (recreational scallop dredge) using more than one dredge in State waters
2
27(4)(b)
Holder of fishing licence (recreational scallop dredge) using dredge more than 1.3 metres wide in State waters
2
27(4)(c)
Holder of fishing licence (recreational scallop dredge) using dredge with tooth bar or pressure plate in State waters
2
29
Holder of fishing licence (scallop) failing to keep copy of licence on fishing vessel during fishing trip
1
36
Holder of fishing licence (scallop) failing to make report before commencing fishing trip to take scallops without being authorised otherwise
1
37(1)
Holder of fishing licence (scallop), in possession of scallops on fishing vessel, failing to make report at least 2 hours before entering immediate proximity of port of landing
1
37(2)(a)
Holder of fishing licence (scallop), in possession of scallops on fishing vessel, failing to make report at least 2 hours before starting to unload scallops
1
37(2)(b)
Holder of fishing licence (scallop) in possession of scallops on fishing vessel failing to make additional report –
1
(a) in respect of partial unloading of scallops occurring 5 or more hours after initial unloading commenced; and
(b) at least 30 minutes before commencing partial unloading
38(a)
Holder of fish processing licence failing to make report before moving scallops from immediate proximity of fishing vessel from which they were unloaded
1
38(b)
Holder of fish processing licence failing to make report before moving scallops into any premises
1
40
Making report more than 24 hours before activity takes place without written approval
1
41
Failing to make further report if person does not undertake reported activity within 2 hours after activity was supposed to occur
1
42
Omitting relevant information from report or giving false or misleading information in report
2
43
Failing to provide report receipt number to fisheries officer
1
44(1)(a)
Holder of fishing licence (scallop) failing to complete Part A of scallop quota docket before scallops leave immediate proximity of site of unloading
2
44(1)(b)
Holder of fishing licence (scallop) failing to complete Part A of scallop quota docket for each vehicle transporting scallops from site of unloading
2
44(3)(a)
Holder of fish processing licence failing to complete or cause to be completed Part B of scallop quota docket before scallops leave immediate proximity of site of unloading and enter processing premises
2
44(3)(b)
Holder of fish processing licence failing to complete or cause to be completed Part B of scallop quota docket for each vehicle transporting scallops from site of unloading
2
44(4)
Failing to write full name and address on scallop quota docket when completing Part B
2
45(1)(a)
Holder of fishing licence (scallop) failing to ensure pink sheet of completed scallop quota docket received by Secretary within 48 hours of unloading scallops
2
45(1)(b)
Holder of fishing licence (scallop) failing to keep white sheet of completed scallop quota docket in good condition for 5 years
2
45(2)
Holder of fish processing licence failing to ensure yellow sheet of completed quota docket carried with scallops while being transported to processing premises
2
45(3)
Holder of fish processing licence failing to keep yellow sheet of completed scallop quota docket in good condition at processing premises for 5 years
2
46(1)
Holder of fish processing licence, who also holds fishing licence (scallop), completing Part B of scallop quota docket for scallops landed by that person or a director, shareholder, partner, employer or employee of that person
2
46(2)
Holder of fish processing licence completing Part B of scallop quota docket for scallops processed, received or transported as an employee or contractor of holder of fishing licence (scallop) who landed the scallops
2
46(3)(a)
Holder of fish processing licence failing to ensure Part B of scallop quota docket completed by prescribed person.
2
46(3)(b)
Holder of fish processing licence failing to ensure person completing Part B of scallop quota docket writes name and address on docket.
2
47(1)
Holder of fish processing licence failing to complete and furnish approved scallop processor return within 48 hours of processing scallops
1
48(1)
Holder of fishing licence (scallop) failing to complete scallop catch record section of scallop quota docket for each day fishing occurs
2
49(1)(a)
Removing scallop from enclosing shell in State waters
2
49(1)(b)
Possessing scallop meat in State waters
2
49(5)
Holder of fishing licence (scallop) failing to provide scallop sales receipt with prescribed information when keeping or transferring scallop meat to deckhand
2
49(6)(a)
Person in possession of prescribed scallop meat failing to keep prescribed receipt
2
49(6)(b)
Person in possession of prescribed scallop meat selling or transferring scallop meat
2
49(7)
Holder of fishing licence (scallop) who has kept or transferred scallop meat failing to keep copy of receipt in good condition for 5 years
2
53(a)
Holder of fish processing licence failing to ensure scallops transported from fishing vessel to processing premises are identifiable as scallops from vessel
3
53(b)
Holder of fish processing licence failing to ensure scallops in immediate proximity of fishing vessel held in no more than 2 types of container
3
55(1)
Holder of fishing licence (scallop) transferring, selling or transporting for sale more than 100kg of whole scallops per fishing trip to person not holding fish processing licence endorsed to process scallops
3
55(2)(a)
Holder of fishing licence (scallop) failing to give sales receipt when transferring or selling 100kg or less of whole scallops, to person not holding fish processing licence, before scallops removed from immediate proximity of fishing vessel
3
55(2)(b)
Holder of fishing licence (scallop) failing to record accurate weight of scallops on quota docket when transferring or selling 100kg or less of whole scallops to person not holding fish processing licence
3
55(3)
Holder of fishing licence (scallop) transferring or selling scallops unloaded in Victoria to person not holding Tasmanian fish processing licence endorsed to process scallops
3
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 15 June 2005
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 prescribing the offences under the Fisheries (Scallop) Rules 2005 in respect of which infringement notices may be issued and the penalties payable in respect of those offences.