Inland Fisheries (Recreational Fishing) Amendment Regulations (No. 2) 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 Inland Fisheries Act 1995 .
17 October 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 Inland Fisheries (Recreational Fishing) Amendment Regulations (No. 2) 2005 .
These regulations take effect on the day on which their making is notified in the Gazette.
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 as follows:(a) by omitting paragraph (a) from the definition of artificial fly ;(b) by omitting the definition of bait and substituting the following definition:bait means –(a) an animal that is stored alive or dead for the purpose of bait; or(b) an animal that is used alive or dead as bait; or(c) a product wholly or partially derived from animal product that –(i) is capable of being affixed to a hook; and(ii) is designed to attract or is capable of attracting fish;(c) by inserting the following definition after the definition of live bait :lure means an artificial representation, of an animal, that –(a) is capable of being affixed to a hook; and(b) is designed to attract or is capable of attracting fish;(d) by omitting the definition of trolling and substituting the following definition:trolling means fishing by towing a bait or lure from a boat under propulsion;
5. Regulation 19 amended (Taking fish from boats)
Regulation 19(2) of the Principal Regulations is amended as follows:(a) by omitting from paragraph (b) "Lea;" and substituting "Lea.";(b) by omitting paragraph (c) .
6. Regulation 21 amended (Use of baits and lures)
Regulation 21 of the Principal Regulations is amended as follows:(a) by omitting from subregulation (1) "live";(b) by omitting from subregulation (2) "bait or";(c) by omitting from subregulation (2) "that is wholly artificial";(d) by omitting from subregulation (3) "as a bait or lure";(e) by omitting from subregulation (5) "or lure";(f) by omitting from subregulation (5A) "or lure".
7. Schedule 4 amended (Infringement notice offences)
Schedule 4 to the Principal Regulations is amended as follows:(a) by omittingand substituting the following item:
possessing assembled rod, reel and line without an angling licence – section 37(2)
1
possessing assembled rod, reel and line without an angling licence – section 37(2)
2
(b) by inserting afterthe following item:
taking or possessing whitebait without a whitebait licence – section 38(1)
2
failing to produce licence to officer within 14 days – section 53
1
(c) by omittingand substituting the following item:
not complying with an order – section 197(3)
1
not complying with an order – section 197(3)
2
(d) by inserting afterthe following items:
Under regulations
taking fish in inland waters by means other than a rod and line – regulation 7(1)
1
possessing or using ground bait – regulation 9(a)
1
(e) by inserting afterthe following items:
taking more than 1kg of whitebait in one day – regulation 17(a)
1
taking fish in Curries River Reservoir using boat propelled in manner other than by oars or electric motor – regulation 19(3)
1
taking fish by trolling in Penstock Lagoon or Little Pine Lagoon – regulation 19(4)
1
taking fish by trolling in Lake Leake using boat propelled in manner other than by oars or electric motor – regulation 19(4A)
1
(f) by omittingand substituting the following item:
possessing or using net – regulation 23(1)
2
using whole or part of fish as bait to take fish in inland waters not subject to tidal movement – regulation 21(5)
2
using whole or part of fish as bait to take fish in Lake Augusta and Lake Mackenzie – regulation 21(5A)
2
possessing or using other than permitted net – regulation 23(1)
3
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 26 October 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 Inland Fisheries (Recreational Fishing) Regulations 1999 by –(a) revising definitions; and(b) revising the schedule of infringement notice offences; and(c) making minor consequential and miscellaneous amendments.