Fisheries (General and Fees) Regulations 2006

Fisheries (General and Fees) Regulations 2006

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 .

15 May 2006

W. J. E. COX

Governor

By His Excellency's Command,

D. E. LLEWELLYN

Minister for Primary Industries and Water

PART 1 - Preliminary

1.   Short title

These regulations may be cited as the Fisheries (General and Fees) Regulations 2006 .

2.   Commencement

(1)  These regulations, other than regulation 7A, take effect on 31 May 2006.

(2)  Regulation 7A takes effect on 1 November 2006.

3.   Interpretation

In these regulations –

abalone means fish of the genus Haliotis;

abalone deed of agreement means a deed of agreement –

(a) made under section 99 of the Act; or

(b) continued in force under section 14 of the Marine Resources (Savings and Transitional) Act 1995 ;

Act means the Living Marine Resources Management Act 1995 ;

area A means the area of State waters adjacent to the south and west coasts of the mainland of Tasmania between an imaginary straight line due south from Whale Head near South East Cape and an imaginary straight line due west from the mouth of the Wild Wave River near Sandy Cape;

Bass Strait area means the area of State waters adjacent to the north coast of Tasmania and in Bass Strait bounded in the west by the line of longitude 145° 22’ 42” East and in the east by an imaginary line beginning where the line of longitude 147° 27’ 00” East meets the high-water mark of the north coast of the mainland of Tasmania in Anderson Bay then running due north until its junction with the line of latitude 40° 00’ 36.32” South then due east along that line of latitude until its junction with the high-water mark of the west coast of Flinders Island then following the high-water mark of Flinders Island in a generally clockwise direction until its junction with the line of longitude 148° 07’ 14.81” East then due north along that line of longitude to the limit of State waters;

bivalve means fish of the class Bivalvia;

blacklip abalone means fish of the species Haliotis rubra;

child means a person under the age of 16 years;

Couta Rocks area means the area of State waters adjacent to the west coast of Tasmania bounded in the north by an imaginary line running due west from the mouth of the Arthur River to the limit of State waters and in the south by an imaginary line running due west from Wild Wave River near Sandy Cape to the limit of State waters;

east coast area means the area of State waters adjacent to the east, south-east and south coasts of Tasmania bounded in the north by an imaginary line starting from the northern side of the mouth of the Great Musselroe River at Musselroe Bay, running due west for 100 metres, following the shoreline 100 metres from shore to the northernmost tip of Musselroe Point, running due north until intersection with the line of latitude 40^o 48' 00" South and running due east to the outer limit of State waters and bounded in the south by an imaginary straight line running due south from Whale Head near South East Cape to the outer limit of State waters;

finfish means fish of the class Osteichthyes;

fish merchant means –

(a) the holder of any licence other than a fishing licence (recreational); or

(b) a person who carries on the business of selling fish;

fishing licence (abalone dive) means a fishing licence (abalone dive) within the meaning of the Fisheries (Abalone) Rules 2000 ;

giant crab means crab of the species Pseudocarcinus gigas;

Grade 1 penalty means the penalty specified in regulation 5 of the Penalty Regulations;

Grade 2 penalty means the penalty specified in regulation 6 of the Penalty Regulations;

Grade 3 penalty means the penalty specified in regulation 7 of the Penalty Regulations;

greenlip abalone means fish of the species Haliotis laevigata;

holder of a fishing licence (abalone dive) includes a supervisor of such a licence;

King Island greenlip area means the area of State waters adjacent to King Island bounded by the line of latitude 40^o 20' 00" South in the south, the line of longitude 143^o 30' 00" East in the west, the line of latitude 39^o 30' 00" South in the north and the line of longitude 144^o 30' 00" East in the east;

licensing year means the period beginning on 1 September each year and ending at midnight on 31 August the following year;

mother boat means a fishing vessel that –

(a) under normal circumstances is not to be towed on land on a trailer; and

(b) is more than 15 metres long; and

(c) is used to transport holders of a fishing licence (abalone dive) on fishing trips for abalone; and

(d) is used by holders of a fishing licence (abalone dive) –

(i) to act as a diving platform to take abalone for commercial purposes; or

(ii) to operate a dinghy from that acts as a diving platform to take abalone for commercial purposes;

north coast greenlip area means the area of State waters adjacent to the west and north coasts of mainland Tasmania beginning at the mouth of the Arthur River, west along the line of latitude 41^o 3' 34" South until the junction with the line of longitude 144^o 20' 00" East, north along that line of longitude until the junction with the line of latitude 40^o 20' 00" South, east along that line of latitude until the junction with the line of longitude 146^o 49' 55" East and south along that line of longitude until Three Mile Bluff;

northern area means the area of State waters adjacent to the north, north-west and north-east coasts of the mainland of Tasmania, the Furneaux Group of islands and King Island, and those State waters north of an imaginary line running from the northern side of the mouth of the Great Musselroe River at Musselroe Bay due west for 100 metres, following the shoreline 100 metres from shore to the northernmost tip of Musselroe Point, running due north until its junction with the line of latitude 40^o 48' 00" South, and then running due east to the outer limit of State waters, and north of an imaginary line running due west from the mouth of the Arthur River to the outer limit of State waters;

northern blacklip area means the area of State waters adjacent to the north, north-west and north-east coasts of the mainland of Tasmania, the Furneaux Group of islands and King Island, and those State waters generally north of a line bounded in the east by an imaginary line from the northern side of the mouth of the Great Musselroe River at Musselroe Bay, running due west for 100 metres, following the shoreline 100 metres from shore to the northernmost tip of Musselroe Point, running due north until intersection with the line of latitude 40^o 48' 00" South, and running due east to the outer limit of State waters, and bounded in the west by an imaginary line from the northernmost point of Woolnorth Point to Brown Rocks and running due west to the limit of State waters;

north-west area means the area of State waters adjacent to the west coast and north-west coast of Tasmania bounded in the north by an imaginary line running from the northernmost point of Woolnorth Point to Brown Rocks and then running due west to the limit of State waters and in the south by an imaginary line running due west from the mouth of the Arthur River to the limit of State waters;

Penalty Regulations means the Fisheries Penalties Regulations 2001 ;

pensioner means a person in receipt of any pension, allowance, supplement or benefit under a law of the Commonwealth;

Perkins Bay greenlip area means –

(a) the area of State waters adjacent to the north coast of Tasmania bounded by an imaginary line running due north from Cowrie Point along the line of longitude 145^o 22’ 7.6” East until its junction with the line of latitude 40^o 35’ 00” South, then west along that line of latitude until its junction with the line of longitude 145^o 2’ 52.2” East and then south along that line of longitude; and

(b) the area of State waters adjacent to the north coast of Tasmania known as Robbins Passage bounded on the east by an imaginary line running due north along the line of longitude 145^o 2’ 52.2” East and bounded on the west by an imaginary line running due north along the line of longitude 144^o 55’ 00” East;

processing operation means treating fish by a 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;

restricted zone means the State waters inshore of an imaginary line extending from Cape Degerando to Cape Sonnerat to Mistaken Cape to Cape Frederick Henrick, other than the waters of Blackman Bay west of an imaginary straight line from the southern most extent of the spit to the northern most part of Little Chinaman Bay;

rock lobster means rock lobster of the genus Jasus;

scallop means fish of the species –

(a) Equichlamys bifrons (commonly known as queen scallop); or

(b) Pecten fumatus (commonly known as commercial scallop); or

(c) Mimachlamys asperrimus (commonly known as doughboy scallop);

shell length, in relation to an abalone, means the diameter of the abalone shell at its widest, whether the shell is broken or chipped or not;

southern area means the area of State waters adjacent to the east, south-east, south, south-west and west coasts of Tasmania bounded in the north on the east coast by an imaginary line from the northern side of the mouth of the Great Musselroe River at Musselroe Bay running due west for 100 metres, following the shoreline 100 metres from shore to the northernmost tip of Musselroe Point, running due north until its junction with the line of latitude 40° 48' 00" South, and then running due east to the outer limit of State waters, and bounded in the north on the west coast by an imaginary line running due west from the mouth of the Arthur River to the limit of State waters;

sporophyll means that part of an algal stem containing or producing spores;

Undaria means –

(a) exotic marine alga Undaria pinnatifida (commonly known as wakame); and

(b) sporophyll of that alga;

wild, in relation to any species or kind of fish, means State waters other than those to which a marine farming licence specifying that species or kind of fish relates.

PART 2 - Minimum sizes

4.   Taking or possessing abalone

(1)  A person who is not the holder of a fishing licence (abalone dive) must not take abalone with a shell length less than 127 millimetres.

Penalty:  Grade 3 penalty.

(2)  A person must not have possession of abalone with a shell length less than 127 millimetres unless that person –

(a) is the holder of a fishing licence (abalone dive); or

(b) is the holder of a fish processing licence; or

(c) has bought or received the abalone from a fish merchant.

Penalty:  Grade 3 penalty.

(3)  The holder of a fishing licence (abalone dive) must not take or have possession of abalone with a shell length less than 114 millimetres.

Penalty:  Grade 3 penalty.

5.   Taking or possessing greenlip abalone

A person must not take or have possession of greenlip abalone with a shell length less than 140 millimetres.

Penalty:  Grade 3 penalty.

6.   Possession by fish processing licence holder

(1)  The holder of a fish processing licence must not have possession of –

(a) abalone with a shell length less than 114 millimetres; or

(b) greenlip abalone with a shell length less than 140 millimetres; or

(c) abalone taken from State waters with a smaller shell length than that which may legally be taken from those waters by the holder of a fishing licence (abalone dive).

Penalty:  Grade 3 penalty.

(2)  Subregulation (1)(a) and (b) do not apply to abalone that has been cultivated elsewhere than in the wild.

(3)  The holder of a fish processing licence must ensure that, prior to a processing operation, abalone cultivated elsewhere than in the wild is stored separately from abalone taken from the wild.

Penalty:  Grade 3 penalty.

7.   Taking or possessing abalone in certain waters

(1)  The holder of a fishing licence (abalone dive) must not take abalone with a shell length less than 140 millimetres from any of the waters within area A.

Penalty:  Grade 3 penalty.

(2)  The holder of a fishing licence (abalone dive) must not have possession of any abalone with a shell length less than 140 millimetres in area A or on land within one kilometre of any of the waters within area A unless –

(a) the holder is undertaking a fishing trip on a mother boat; and

(b) the mother boat is in State waters north of an imaginary line running due west from Cape Sorell to the limit of State waters or in Macquarie Harbour or the Channel into Macquarie Harbour; and

(c) the abalone has a shell length not less than 132 millimetres.

Penalty:  Grade 3 penalty.

(3)  The holder of a fishing licence (abalone dive) must not take abalone with a shell length less than 127 millimetres from the northern blacklip area other than the Bass Strait area.

Penalty:  Grade 3 penalty.

(4)  The holder of a fishing licence (abalone dive) must not have possession of any abalone with a shell length less than 127 millimetres in the northern blacklip area other than in the Bass Strait area, or on land within one kilometre of any waters within those waters unless –

(a) the holder is undertaking a fishing trip on a mother boat; and

(b) the abalone has a shell length not less than 114 millimetres; and

(c) the abalone was taken in the Bass Strait area.

Penalty:  Grade 3 penalty.

(5)  The holder of a fishing licence (abalone dive) must not have possession of abalone with a shell length less than 132 millimetres in the waters of the north-west area or on land within one kilometre of those waters.

Penalty:  Grade 3 penalty.

(6)  The holder of a fishing licence (abalone dive) must not take abalone with a shell length less than 136 millimetres from the Couta Rocks area.

Penalty:  Grade 3 penalty.

(7)  The holder of a fishing licence (abalone dive) must not have possession of any abalone with a shell length less than 136 millimetres in the Couta Rocks area or on land within one kilometre of any waters within the Couta Rocks area unless –

(a) the holder is undertaking a fishing trip on a mother boat; and

(b) the abalone has a shell length not less than 132 millimetres.

Penalty:  Grade 2 penalty.

(8)  The holder of a fishing licence (abalone dive) must not take abalone with a shell length less than 132 millimetres from the waters of the north-west area.

Penalty:  Grade 3 penalty.

(9)  The holder of a fishing licence (abalone dive) must not have possession of abalone with a shell length less than 136 millimetres in the waters of the east coast area or on land within one kilometre of those waters unless –

(a) those abalone were taken in the northern blacklip area or Bass Strait area; and

(b) those abalone do not have a shell length less than 114 millimetres; and

(c) the holder is undertaking a fishing trip on a mother boat; and

(d) the mother boat is in State waters bounded in the north by the eastern boundary of the northern blacklip area and in the south by an imaginary straight line running due east from the tip of St Helens Point to the limit of State waters or within the waters of Georges Bay.

Penalty:  Grade 3 penalty.

(10)  The holder of a fishing licence (abalone dive) must not take abalone with a shell length less than 136 millimetres from the waters of the east coast area.

Penalty:  Grade 3 penalty.

(11)  The holder of a fishing licence (abalone dive) must not take greenlip abalone with a shell length less than 150 millimetres from, or have possession of greenlip abalone with a shell length less than 150 millimetres in, the King Island greenlip area or on land within one kilometre of any of those waters.

Penalty:  Grade 3 penalty.

(12)  The holder of a fishing licence (abalone dive) must not take greenlip abalone with a shell length less than 145 millimetres from, or have possession of greenlip abalone that has a shell length of less than 145 millimetres in, waters other than those in the Perkins Bay greenlip area.

Penalty:  Grade 3 penalty.

(13)  The holder of a fishing licence (abalone dive) must not take greenlip abalone with a shell length less than 140 millimetres from, or have possession of greenlip abalone with a shell length less than 140 millimetres in, the Perkins Bay greenlip area.

Penalty:  Grade 3 penalty.

(14)  A person who is not the holder of a fishing licence (abalone dive) must not take or have possession of greenlip abalone with a shell length less than 145 millimetres in State waters, other than waters in the north coast greenlip area.

Penalty:  Grade 3 penalty.

(15)  A person must not take abalone with a shell length less than 136 millimetres in the southern area.

Penalty:  Grade 3 penalty.

(16)  A person who is not the holder of a fishing licence (abalone dive) must not possess any abalone with a shell length less than 136 millimetres in the southern area or on land within one kilometre of any waters within the southern area unless that person –

(a) is the holder of a fish processing licence; or

(b) has bought or received the abalone from a fish merchant.

Penalty:  Grade 3 penalty.

(17)  This regulation expires on 31 October 2006.

7A.   Taking or possessing abalone in certain waters

(1)  The holder of a fishing licence (abalone dive) must not take abalone with a shell length less than 140 millimetres from any of the waters within area A.

Penalty:  Grade 3 penalty.

(2)  The holder of a fishing licence (abalone dive) must not have possession of any abalone with a shell length less than 140 millimetres in area A or on land within one kilometre of any of the waters within area A unless –

(a) the holder is undertaking a fishing trip on a mother boat; and

(b) the mother boat is in State waters north of an imaginary line running due west from Cape Sorell to the limit of State waters or in Macquarie Harbour or the Channel into Macquarie Harbour; and

(c) the abalone has a shell length not less than 132 millimetres.

Penalty:  Grade 3 penalty.

(3)  The holder of a fishing licence (abalone dive) must not take abalone with a shell length less than 127 millimetres from the northern blacklip area other than the Bass Strait area.

Penalty:  Grade 3 penalty.

(4)  The holder of a fishing licence (abalone dive) must not have possession of any abalone with a shell length less than 127 millimetres in the northern blacklip area other than in the Bass Strait area, or on land within one kilometre of any waters within those waters unless –

(a) the holder is undertaking a fishing trip on a mother boat; and

(b) the abalone has a shell length not less than 114 millimetres; and

(c) the abalone was taken in the Bass Strait area.

Penalty:  Grade 3 penalty.

(5)  The holder of a fishing licence (abalone dive) must not have possession of abalone with a shell length less than 132 millimetres in the waters of the north-west area or on land within one kilometre of those waters.

Penalty:  Grade 3 penalty.

(6)  The holder of a fishing licence (abalone dive) must not take abalone with a shell length less than 136 millimetres from the Couta Rocks area.

Penalty:  Grade 3 penalty.

(7)  The holder of a fishing licence (abalone dive) must not have possession of any abalone with a shell length less than 136 millimetres in the Couta Rocks area or on land within one kilometre of any waters within the Couta Rocks area unless –

(a) the holder is undertaking a fishing trip on a mother boat; and

(b) the abalone has a shell length not less than 132 millimetres.

Penalty:  Grade 2 penalty.

(8)  The holder of a fishing licence (abalone dive) must not take abalone with a shell length less than 132 millimetres from the waters of the north-west area.

Penalty:  Grade 3 penalty.

(9)  The holder of a fishing licence (abalone dive) must not have possession of abalone with a shell length less than 138 millimetres in the waters of the east coast area or on land within one kilometre of those waters unless –

(a) those abalone were taken in the northern blacklip area or Bass Strait area; and

(b) those abalone do not have a shell length less than 114 millimetres; and

(c) the holder is undertaking a fishing trip on a mother boat; and

(d) the mother boat is in State waters bounded in the north by the eastern boundary of the northern blacklip area and in the south by an imaginary straight line running due east from the tip of St Helens Point to the limit of State waters or within the waters of Georges Bay.

Penalty:  Grade 3 penalty.

(10)  The holder of a fishing licence (abalone dive) must not take abalone with a shell length less than 138 millimetres from the waters of the east coast area.

Penalty:  Grade 3 penalty.

(11)  The holder of a fishing licence (abalone dive) must not take greenlip abalone with a shell length less than 150 millimetres from, or have possession of greenlip abalone with a shell length less than 150 millimetres in, the King Island greenlip area or on land within one kilometre of any of those waters.

Penalty:  Grade 3 penalty.

(12)  The holder of a fishing licence (abalone dive) must not take greenlip abalone with a shell length less than 145 millimetres from, or have possession of greenlip abalone that has a shell length of less than 145 millimetres in, waters other than those in the Perkins Bay greenlip area.

Penalty:  Grade 3 penalty.

(13)  The holder of a fishing licence (abalone dive) must not take greenlip abalone with a shell length less than 140 millimetres from, or have possession of greenlip abalone with a shell length less than 140 millimetres in, the Perkins Bay greenlip area.

Penalty:  Grade 3 penalty.

(14)  A person who is not the holder of a fishing licence (abalone dive) must not take or have possession of greenlip abalone with a shell length less than 145 millimetres in State waters, other than waters in the north coast greenlip area.

Penalty:  Grade 3 penalty.

(15)  A person must not take abalone with a shell length less than 138 millimetres in the southern area.

Penalty:  Grade 3 penalty.

(16)  A person who is not the holder of a fishing licence (abalone dive) must not possess any abalone with a shell length less than 138 millimetres in the southern area or on land within one kilometre of any waters within the southern area unless that person –

(a) is the holder of a fish processing licence; or

(b) has bought or received the abalone from a fish merchant.

Penalty:  Grade 3 penalty.

8.   Taking or possessing certain abalone

(1)  A person must not take or have possession of any abalone with a shell length less than 114 millimetres that has been cultivated elsewhere than in the wild unless the person –

(a) is the holder of a marine farming licence authorising abalone farming; or

(b) is acting with the authority of the holder of such a licence; or

(c) is the holder of a fish processing licence who has bought or received the abalone from the holder of a marine farming licence authorising abalone farming; or

(d) has bought or received the abalone from a fish merchant.

Penalty:  Grade 3 penalty.

(2)  A person must not take or have possession of any greenlip abalone with a shell length less than 140 millimetres that has been cultivated elsewhere than in the wild unless the person –

(a) is the holder of a marine farming licence authorising abalone farming; or

(b) is acting with the authority of the holder of such a licence; or

(c) is the holder of a fish processing licence who has bought or received the abalone from the holder of a marine farming licence authorising abalone farming; or

(d) has bought or received the abalone from a fish merchant.

Penalty:  Grade 3 penalty.

PART 3 - Fees

9.   Beach price for abalone deed of agreement

(1)  For the purpose of fees payable under an abalone deed of agreement, the beach price is the average price per kilogram of abalone paid by abalone purchasers to the holders of fishing licences (abalone quota), holders of fishing licences (abalone) or holders of fishing licences (abalone dive).

(2)  The price per kilogram of abalone paid must be the true value taking into account –

(a) each payment and other forms of payments; and

(b) any rights, privileges or benefits paid directly or indirectly for the abalone.

(3)  In this regulation –

abalone purchaser means a person who has purchased more than 80 tonnes of abalone in the preceding 12 months.

10.   Fees

(1)  The fees specified in Part 1 of Schedule 1 are prescribed as the fees payable in respect of the fishing licence matters to which they respectively relate.

(2)  The fees specified in Part 2 of Schedule 1 are prescribed as the fees payable in respect of the fish processing licence matters to which they respectively relate.

(3)  The fees specified in Part 3 of Schedule 1 are prescribed as the fees payable in respect of the handling licence matters to which they respectively relate.

(4)  The fees specified in Part 4 of Schedule 1 are prescribed as the fees payable in respect of the marine farming licence matters to which they respectively relate.

(5)  The fees specified in Schedule 2 are prescribed as the fees payable in respect of the miscellaneous matters to which they respectively relate.

11.   Fees for fishing licence (abalone quota)

In addition to the payment of the fee specified in Part 1 of Schedule 1 for the renewal of a fishing licence (abalone quota), the following fees are payable for that licence:

(a) a quarterly fee to take and acquire abalone, calculated and payable in respect of each billing period, as if the licence were a deed of agreement made under section 7 of the former Fisheries Act 1959;

(b) a fee (if any) determined under section 99(3) of the Act in respect of the renewal as if the licence were an abalone deed of agreement.

PART 4 - Miscellaneous

12.   Notifiable decisions

The decisions specified in Part 1 of Schedule 3 are prescribed as decisions in respect of which a notice is to be served under section 280 of the Act.

13.   Appealable determinations

The determinations specified in Part 2 of Schedule 3 are prescribed as determinations after a review in respect of which a person may appeal to the Appeal Tribunal under section 283 of the Act.

14.   Prohibition on taking certain fish

(1)  A person must not take or be in possession of a keyhole limpet or limpet of any of the superfamilies Fissurellacea, Patellacea or Siphonariacea.

Penalty:  Grade 2 penalty.

(2)  Subregulation (1) does not apply to an Aborigine who is engaged in an Aboriginal cultural activity.

(3)  A person, in State waters, must not take or be in possession of the following:

(a) any species of pipehorse, pipefish, seahorse or seadragon of the family Syngnathidae;

(b) a handfish of the family Brachionichthyidae;

(c) a threefin blenny of the genus Forsterygion.

Penalty:  Grade 2 penalty.

(4)  A person must not take, or be in possession of, any of the following:

(a) great white shark (Carcharodon carcharias);

(b) basking shark (Cetorhinus maximus);

(c) grey nurse shark (Carcharias taurus);

(d) megamouth shark (Megachasma pelagios);

(e) whale shark (Rhincodon typus).

Penalty:  Grade 2 penalty.

15.   Storing fish

Abalone, giant crab, rock lobster and scallop are prescribed classes of fish for the purpose of sections 69 of the Act and prescribed species of fish for the purpose of section 200(c)(ii) of the Act.

16.   Commercially protected fish

The following are prescribed as classes of fish for the purpose of section 100 of the Act:

(a) abalone;

(b) cast bullkelp (Durvillaea potatorum) in the waters of the West Coast of Tasmania from Cape Grim to Cape Sorell.

17.   Processing of fish of prescribed amounts and species

For the purpose of section 67(1) of the Act –

(a) the prescribed amount of fish is –

(i) any amount in respect of rock lobster; and

(ii) any amount in respect of abalone; and

(iii) any amount in respect of giant crab; and

(iv) any amount in respect of scallops; and

(v) 10 tonnes or more in respect of any other species or a combination of other species; and

(b) the prescribed period is one licensing year.

18.   Prescribed apparatus illegally used

For the purpose of section 268(1)(b)(ii) of the Act, the prescribed apparatus is a fish trap.

19.   Industry levy

A levy payable by a person under section 279 of the Act is due and payable when the person applies for or renews a licence under which an activity to which the levy relates is undertaken.

20.   Noxious fish

The following species of fish are noxious fish in State waters:

(a) Northern Pacific seastar (Asterias amurensis);

(b) European carp (Cyprinus carpio);

(c) black striped mussel (Mytilopsis sallei);

(d) European shore crab (Carcinus maenas) (also known as green crab);

(e) Undaria pinnatifida, other than in the restricted zone;

(f) giant fan worm (Sabella spallanzanii);

(g) green algae (Caulerpa taxifolia).

21.   Keeping records

The following people are prescribed persons for the purpose of section 145 of the Act:

(a) a person who at any time in the preceding 5 years was the holder of an authorisation;

(b) a person approved under section 87 or 88 of the Act.

22.   Legislation rescinded

The legislation specified in Schedule 4 is rescinded.

SCHEDULE 1 - Licence fees

Regulation 10

PART 1 - Fishing licences

PART 2 - Fish processing licences

PART 3 - Handling licences

PART 4 - Marine farming licences

SCHEDULE 2 - Miscellaneous fees

Regulation 10(6)

SCHEDULE 3 - Decisions and determinations

Regulations 12 and 13

PART 1 - Notifiable decisions

PART 2 - Appealable determinations after review

SCHEDULE 4 - Legislation rescinded

Regulation 22

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

Notified in the Gazette on 24 May 2006

These regulations are administered in the Department of Primary Industries and Water.

EXPLANATORY NOTE

(This note is not part of the regulation)

These regulations which replace the Fisheries (General and Fees) Regulations 1996 , prescribe –

(a) minimum size limits for the abalone fishery; and

(b) licence fees; and

(c) the decisions that are subject to review by the Minister or Secretary; and

(d) the determinations that are subject to appeal to the Appeal Tribunal; and

(e) controls for the taking or possession of certain species of fish, including limpet and shark; and

(f) noxious fish; and

(g) other miscellaneous matters.