Fisheries (Infringement Notices) Amendment 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 2006W. J. E. COX
Governor
By His Excellency's Command,
D. E. LLEWELLYN
Minister for Primary Industries and Water
These regulations may be cited as the Fisheries (Infringement Notices) Amendment Regulations 2006 .
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 7 substituted
Regulation 7 of the Principal Regulations is rescinded and the following regulations are substituted:7. Offences under Fisheries (Rock Lobster) Rules 2006
(1) The offences generally described in Column 2 of Schedule 5 under the respective rules specified in Column 1 of that Schedule are prescribed as the offences under the Fisheries (Rock Lobster) Rules 2006 in respect of which infringement notices may be issued.(2) The penalties specified in Column 3 of Schedule 5 are prescribed as the penalties payable in respect of prescribed offences to which the respective infringement notices relate.7A. Offences under Fisheries (Giant Crab) Rules 2006
(1) The offences generally described in Column 2 of Schedule 5A under the respective rules specified in Column 1 of that Schedule are prescribed as the offences under the Fisheries (Giant Crab) Rules 2006 in respect of which infringement notices may be issued.(2) The penalties specified in Column 3 of Schedule 5A are prescribed as the penalties payable in respect of prescribed offences to which the respective infringement notices relate.
5. Regulation 11 substituted
Regulation 11 of the Principal Regulations is rescinded and the following regulation is substituted:11. Offences under Fisheries (Commercial Dive) Rules 2005
(1) The offences generally described in Column 2 of Schedule 9 under the respective rules specified in Column 1 of that Schedule are prescribed as the offences under the Fisheries (Commercial Dive) Rules 2005 in respect of which infringement notices may be issued.(2) The penalties specified in Column 3 of Schedule 9 are prescribed as the penalties payable in respect of prescribed offences to which the respective infringement notices relate.
6. Schedule 5 substituted
Schedule 5 to the Principal Regulations is rescinded and the following Schedules are substituted:SCHEDULE 5 - Offences under Fisheries (Rock Lobster) Rules 2006
Column 1
Column 2
Column 3
Rule
General description of offence
Penalty units
9
Taking or possessing rock lobster unless holding prescribed licence or engaging in Aboriginal cultural activity
4
11(1)
Taking rock lobster from closed waters
5
11(2)
Possessing male rock lobster during closed season unless prescribed exception applies
5
11(3)
Possessing female rock lobster during closed season unless prescribed exception applies
5
12(1)
Holder of fishing licence (rock lobster) possessing female rock lobster in fish cauf during closed season unless taken before closed season commenced
5
12(2)
Holder of fishing licence (rock lobster) possessing female rock lobster on fishing vessel during closed season unless vessel is at port or mooring as prescribed
5
12(3)
Holder of fishing licence (rock lobster) failing to unload female rock lobster from fishing vessel during closed season before vessel used again
5
13(1)
Holder of fishing licence (rock lobster) possessing rock lobster on fishing vessel during closed season for male rock lobster without following reporting and other prescribed procedures
5
14(1)
Taking more than 5 rock lobster per day without fishing licence (rock lobster)
4
14(2)
Possessing more than 5 rock lobster at any one time unless holding prescribed licence, engaging in Aboriginal cultural activity or having receipt or transfer document for excess rock lobster
4
14(3)
Possessing more than 10 rock lobster at any one time unless holding recreational fishing licence or engaging in Aboriginal cultural activity
4
15(1)
Taking, buying, selling or possessing undersize rock lobster
4
16
Possessing undersize rock lobster tail
3
17(a)
Taking, buying, selling or possessing female rock lobster with spawn or eggs attached
5
17(b)
Removing spawn or eggs from female rock lobster
5
17(c )
Removing from female rock lobster setae or fibres to which eggs are or have been attached
5
17(d)
Possessing female rock lobster from which spawn, eggs, setae or fibres have been removed
5
18(1)
Possessing dismembered or cut up rock lobster
2
19
Using, possessing or causing or allowing to be used, rock lobster as bait in fishing apparatus
2
20
Taking or possessing rock lobster in Taroona waters
5
21
Possessing rock lobster not marked in accordance with rule 36 or tagged in accordance with rule 93 without prescribed licence or authority
2
22(1)
Taking rock lobster for recreational purposes without recreational fishing licence
4
22(3)
Taking rock lobster for recreational purposes during transitional period by means of apparatus other than prescribed apparatus
2
22(4)
Taking rock lobster for recreational purposes on or after 1 November 2006 by means of apparatus other than rock lobster pot or rock lobster ring
2
22(5)
Taking rock lobster for recreational purposes by diving or swimming without fishing licence (recreational rock lobster dive)
4
22(6)
Taking rock lobster for recreational purposes by rock lobster pot without fishing licence (recreational rock lobster pot)
4
22(7)
Taking rock lobster for recreational purposes by rock lobster ring without fishing licence (recreational rock lobster ring)
4
23(a)
Holder of fishing licence (recreational rock lobster dive) taking rock lobster other than by hand
2
23(b)
Holder of fishing licence (recreational rock lobster dive) taking or possessing rock lobster during commercial fishing trip
3
24(1)
Holder of fishing licence (recreational rock lobster pot) setting, using or possessing more than one rock lobster pot at any one time
4
24(2)
Holder of fishing licence (recreational rock lobster pot) setting, using or possessing rock lobster pot during commercial fishing trip
3
24(3)
Holder of fishing licence (recreational rock lobster pot) setting rock lobster pot for more than 48 hours
2
25(1)
Holder of fishing licence (recreational rock lobster ring) setting, using or possessing more than 4 rock lobster rings at any one time
2
25(2)
Holder of fishing licence (recreational rock lobster ring) setting, using or possessing rock lobster ring during commercial fishing trip
3
30(3)
Holder of recreational fishing licence failing to mark buoy as prescribed
1
30(4)
Holder of recreational fishing licence failing to ensure buoy is otherwise unmarked and prescribed mark remains clear and legible
1
31(1)
Holder of recreational fishing licence setting or using certain apparatus without buoy attached
1
33(2)
Holder of fishing licence (recreational rock lobster pot) using apparatus without tag attached and clearly visible
1
34
Using fish cauf for rock lobster taken by recreational fishing without recreational fishing licence, and without fish cauf and each lobster being marked as prescribed
2
35(2)
Aborigine using rock lobster pot in course of Aboriginal cultural activity without tag attached to pot and clearly visible
1
36(1)
Person who takes rock lobster under recreational fishing licence or Aborigine engaging in Aboriginal cultural activity failing to mark central segment of tail fan of rock lobster in prescribed manner and time
1
36(2)
Buying or selling rock lobster with any part of central segment of tail fan removed
1
36(3)
Returning to the water rock lobster marked in accordance with rule 36(1)(a)(i) or (ii)
1
37
Holder of fishing licence (recreational rock lobster pot) taking or possessing more than one giant crab
4
38(1)
Taking rock lobster for commercial purposes unless holding prescribed licences and using rock lobster pot or rock lobster ring
5
38(2)
Holder of fishing licence (rock lobster) using vessel not specified in fishing certificate to take rock lobster
5
42(1)
Holder of fishing licence (rock lobster) failing to keep quota docket book on vessel for duration of fishing trip
2
42(2)
Holder of fishing licence (rock lobster) failing to ensure quota docket book contains white sheet of every quota docket comprising that book
2
43(1)
Holder of fishing licence (rock lobster) possessing rock lobster on vessel after end of quota year without weighing, reporting and unloading in prescribed time and manner
3
43(3)
Holder of fishing licence (rock lobster) holding rock lobster in fish cauf after end of quota year without weighing, recording, reporting and unloading in prescribed time and manner
3
45(5)
Holder of fishing licence (rock lobster) allocated a research quota unit failing to comply with conditions
2
49
Holder of fishing licence (rock lobster) holding or receiving benefit from more than 7 separate fishing licences (rock lobster)
5
50
Holder of fishing licence (rock lobster) failing to keep copy of licence on vessel during fishing trip
2
52(2)
Holder of fishing licence (rock lobster) holding or receiving benefit from more than 200 rock lobster quota units
5
56(1)
Holder of fishing licence (rock lobster) unloading rock lobster anywhere other than at port of landing
4
57(2)
Holder of fishing licence (rock lobster) selling or transferring to processor or handler at unloading site without reporting, completing part A of docket and sending pink sheet, as prescribed
5
58(2)
Holder of fishing licence (rock lobster) transporting to processor or handler without making unloading report, completing part A of docket, making movement report and sending pink sheet, as prescribed
3
58(3)
Holder of fish processing licence or handling licence failing to complete part B of docket on receipt of rock lobster
3
59(2)
Holder of fishing licence (rock lobster) selling or transferring less than 20 rock lobster at unloading site without complying with prescribed requirements
3
59(3)
Holder of fishing licence (rock lobster) selling or transferring less than 20 rock lobster away from unloading site without complying with prescribed requirements
3
59(4)
Holder of fishing licence (rock lobster) selling or transferring 20 or more rock lobster at unloading site without complying with prescribed requirements
5
59(5)
Holder of fishing licence (rock lobster) selling or transferring 20 or more rock lobster away from unloading site without complying with prescribed requirements
5
60(2)
Holder of fishing licence (rock lobster) returning rock lobster to vessel without making cancellation report
3
60(3)
Holder of fishing licence (rock lobster) returning rock lobster to vessel or fish cauf without completing part A of docket and sending pink and yellow sheets to Secretary as prescribed
3
61(2)
Holder of fishing licence (rock lobster) exporting to person other than processor or handler without complying with prescribed requirements
5
61(3)
Holder of fishing licence (rock lobster) exporting to processor or handler without complying with prescribed requirements
5
62(1)
Holder of fishing licence (rock lobster) unloading rock lobster in another State from vessel unless unloading is authorised by endorsement on licence, all rock lobster are unloaded before next trip, rock lobster are sold only to processor and other prescribed requirements are complied with.
5
62(4)
Holder of fishing licence (rock lobster) transporting rock lobster to another State on vessel, unloading at port unless fisheries officer removes seals from holding tank or other prescribed exception applies
5
63(2)
Holder of fishing licence (rock lobster) selling or transferring rock lobster held in holding tank failing to issue receipt, keep copy of receipt for 5 years and tag the rock lobster in accordance with rule 93 as prescribed
5
64
Holder of fishing licence (rock lobster) taking more than 100 kilograms of octopus during a trip or possessing more than 100 kilograms of octopus in State waters at any one time
2
65(1)
Holder of fishing licence (rock lobster) possessing more than 10 giant crab without licence authority
4
65(2)
Holder of fishing licence (rock lobster) taking more than 100 kilograms of giant crab during period of licence without licence authority
4
65(3)
Holder of fishing licence (rock lobster) selling or transferring giant crab without specifying weight on docket, sending docket to Secretary and giving sales receipt as prescribed
4
65(4)
Holder of fishing licence (rock lobster) holding or storing giant crab taken under that licence without keeping prescribed records
4
65(5)
Holder of fishing licence (rock lobster) selling giant crab taken under that licence without keeping prescribed records for each such sale
4
66(2)
Holder of fishing licence (rock lobster) finding dead rock lobster on vessel or in fish cauf failing to record and advise fisheries officer as prescribed
3
66(3)
Holder of fishing licence (rock lobster) finding dead rock lobster on vessel or in fish cauf failing to comply with directions of fisheries officer about disposal
3
67
Holder of fishing licence (rock lobster) transferring rock lobster from one vessel to another without authority of Secretary
5
68
Holder of fishing licence (rock lobster) fishing in two jurisdictions
5
69
Holder of fishing licence (rock lobster) holding or storing rock lobster for commercial purposes at place other than the vessel, fish cauf or holding tank specified in the licence or place approved by the Secretary
5
70(1)
Holder of fishing licence (rock lobster) retaining for personal use more than one rock lobster for each day of fishing trip or 5 rock lobster for whole trip
5
70(2)
Holder of fishing licence (rock lobster) retaining rock lobster for personal use without recording them in rock lobster catch record book before they are unloaded from vessel
5
70(3)
Holder of fishing licence (rock lobster) retaining rock lobster for personal use without marking them in accordance with rule 36 before removing from unloading site
5
71(1)
Setting, using or possessing rock lobster pot unless authorised person
3
71(2)
Authorised person setting, using or possessing rock lobster pot during closed season
5
71(5)
Placing rock lobster in or taking rock lobster from rock lobster pot before pot is hauled to surface
2
72(1)
Holder of fishing licence (rock lobster) setting, using or possessing more rock lobster pots than number specified in licence
3
73(1)
Holder of fishing licence (rock lobster) setting rock lobster pot for continuous period exceeding 48 hours
2
74(1)
Setting or using more than one rock lobster pot at any one time without holding fishing licence (rock lobster)
3
74(2)
Holder of fishing licence (rock lobster) setting or using more than 2 rock lobster pots on the one line
3
74(4)
Holder of fishing licence (rock lobster) setting, using or possessing on fishing vessel more than prescribed number of rock lobster pots for that vessel without authority of fisheries officer
3
75(1)
Setting or using rock lobster pot in prohibited area
3
76(1)
Setting, using or possessing rock lobster pot that does not comply with prescribed requirements
2
77(1)
Setting or using rock lobster pot with buoy not attached in prescribed manner or meeting prescribed requirements
2
77(2)
Person in charge of fishing vessel failing to mark every buoy clearly and legibly with vessel's distinguishing mark
2
77(4)
Owner or person in charge of fishing vessel failing to ensure distinguishing mark on buoy remains clear and legible and buoy bears only that mark
2
77(5)
Possessing device designed to conceal buoy under surface of water
2
78(1)
Setting, using or possessing more than 4 rock lobster rings at any one time
2
78(2)
Setting, using or possessing rock lobster ring with ring or hoop more than one metre wide
2
78(3)
Holder of fishing licence (rock lobster) setting or using rock lobster ring in D'Entrecasteaux Channel
2
79
Attaching to fish cauf buoy not conforming with prescribed requirements
2
80(1)
Holder of fishing licence (rock lobster), fish processing licence or handling licence possessing fish cauf or placing rock lobster in fish cauf without licence endorsed for such use
4
80(2)
Holder of fishing licence (rock lobster) using fish cauf otherwise than as specified in licence or placing in fish cauf rock lobster taken by another person
4
80(3)
Holder of fishing licence (rock lobster) failing to mark fish cauf with buoy in accordance with rule 79
2
80(4)
Holder of fishing licence (rock lobster), fish processing licence or handling licence moving fish cauf from location specified in licence
4
80(5)
Holder of fishing licence (rock lobster), fish processing licence or handling licence failing to make fish cauf report within 30 minutes after placing or causing to place rock lobster in fish cauf
2
80(6)
Holder of fishing licence (rock lobster) placing rock lobster in fish cauf unless rock lobster catch records completed for that day
4
80(7)
Removing live rock lobster from fish cauf for purpose other than unloading live rock lobster
4
80(8)
Holder of fishing licence (rock lobster), fish processing licence or handling licence failing to keep prescribed records about use of fish cauf
4
80(9)
Holder of fishing licence (rock lobster), fish processing licence or handling licence failing to keep records required under rule 80(8) in good condition for 5 years
4
81(1)
Holder of fishing licence (rock lobster) placing rock lobster in holding tank without licence endorsed for holding tank use
4
81(2)
Holder of fishing licence (rock lobster) placing in holding tank rock lobster taken by another person or purchased or obtained from holder of fish processing licence or handling licence
4
81(3)
Holder of fishing licence (rock lobster) placing rock lobster in holding tank unless part B of quota docket is completed
4
81(4)
Holder of fishing licence (rock lobster) failing to keep prescribed records about placements, removals and daily stock of rock lobster in holding tank
4
83(1)
Holder of fishing licence (rock lobster) failing to make unloading report before unloading rock lobster
3
83(4)
Holder of fishing licence (rock lobster) failing to unload rock lobster in accordance with report made under rule 83(1)
3
85
Reporting more than 24 hours before activity is carried out without approval of Secretary
1
86
Failing to make cancellation report within 2 hours after activity was supposed to have been carried out
1
87
Omitting relevant information from report or giving false or misleading information in report
3
88
Failing to provide report receipt number to fisheries officer
1
89
Holder of fishing licence (rock lobster), fish processing licence or handling licence failing to maintain and use accurate weighing instruments to determine weight information on dockets
4
90(1)
Natural person who unloads rock lobster completing part B of quota docket as holder of fish processing licence without written approval of Secretary
2
90(2)
Natural person who receives rock lobster completing part A of quota docket as holder of fishing licence (rock lobster) without written approval of Secretary
2
91(1)
Holder of fishing licence (rock lobster) failing to make and retain prescribed records of general information
3
92(1)
Holder of fishing licence (rock lobster) failing to complete rock lobster catch record in prescribed time and manner
3
92(2)
Holder of fishing licence (rock lobster) failing to ensure rock lobster catch record is kept on the vessel during fishing trip
3
93(1)
Possessing rock lobster not tagged as prescribed at retail or wholesale fish sales place
2
93(2)
Possessing, selling or purchasing for consumption in Tasmania rock lobster not tagged as prescribed
2
93(5)
Holder of fishing licence (rock lobster) selling or transferring rock lobster not tagged as prescribed before removal from unloading site to person other than processor or handler
2
93(7)
Holder of fish processing licence or handling licence failing to ensure each rock lobster is tagged in accordance with rule 93(5) upon sale to person in Tasmania other than holder of fish processing licence or handling licence
2
93(8)
Person issued with rock lobster tag transferring tag to another person without written authorisation of Secretary
2
93(9)
Using rock lobster tag more than once
3
93(10)
Person preparing rock lobster to be sold as meal failing to remove and deface rock lobster tag in prescribed manner
1
93(11)
Possessing closed rock lobster tag not fastened to rock lobster or not defaced in accordance with rule 93(10)
1
SCHEDULE 5A - Offences under Fisheries (Giant Crab) Rules 2006
Column 1
Column 2
Column 3
Rule
General description of offence
Penalty units
8
Taking or possessing giant crab unless holding prescribed licence or engaging in Aboriginal cultural activity
4
10(1)
Taking giant crab from closed waters
5
10(2)
Possessing male giant crab during closed season unless prescribed exception applies
5
10(3)
Possessing female giant crab during closed season unless prescribed exception applies
5
11(1)
Holder of fishing licence (giant crab) possessing female giant crab in fish cauf during closed season unless taken before closed season commenced
5
11(2)
Holder of fishing licence (giant crab) possessing female giant crab on vessel during closed season unless vessel is at port or mooring as prescribed
5
11(3)
Holder of fishing licence (giant crab), with female giant crab on vessel during closed season, failing to unload female giant crab before vessel used again
5
12(1)
Holder of fishing licence (giant crab), possessing giant crab on vessel during closed season, failing to follow reporting and other prescribed procedures
5
13(1)
Possessing more than 2 giant crab at any one time without prescribed licence, receipt or transfer document
4
14(1)
Taking, buying, selling or possessing undersize or oversize giant crab
4
15(a)
Taking, buying, selling or possessing female giant crab with spawn or eggs attached
5
15(b)
Removing spawn or eggs from female giant crab
5
15(c )
Possessing female giant crab from which spawn or eggs have been removed
5
16(1)
Taking giant crab for commercial purposes without prescribed licence
5
16(2)
Taking giant crab for commercial purposes other than by means of trap or rock lobster pot
5
16(3)
Holder of a fishing licence (giant crab) using fishing vessel not specified in fishing certificate for taking giant crab
5
21(1)
Holder of fishing licence (giant crab) failing to keep quota docket book on fishing vessel for duration of trip
2
21(2)
Holder of fishing licence (giant crab) failing to ensure quota docket book contains white sheet of every quota docket comprising that book
2
22(1)
Holder of fishing licence (giant crab) possessing giant crab on fishing vessel after end of quota year without following prescribed reporting and other procedures
3
22(3)
Holder of fishing licence (giant crab) holding giant crab in fish cauf after end of quota year without following prescribed reporting and other procedures
3
27(1)
Holder of fishing licence (giant crab) holding or receiving benefit from more than 7 separate fishing licences (giant crab)
5
28
Holder of fishing licence (giant crab) failing to keep copy of licence on vessel during trip
2
29(2)
Holder of fishing licence (giant crab) holding or receiving benefit from more than 300 giant crab quota units
3
33(1)
Holder of fishing licence (giant crab) unloading giant crab anywhere other than at port of landing
4
34(2)
Holder of fishing licence (giant crab) selling or transferring giant crab to processor or handler without reporting, completing docket and sending pink sheet as prescribed
5
35(2)
Holder of fishing licence (giant crab) transporting giant crab to processor or handler without reporting, completing docket and sending pink sheet as prescribed
3
35(3)
Holder of fish processing licence or handling licence failing to complete part B of docket on receipt of giant crab
3
36(2)
Holder of fishing licence (giant crab) selling or transferring no more than 5 giant crab at unloading site without complying with prescribed requirements
3
36(3)
Holder of fishing licence (giant crab) selling or transferring no more than 5 giant crab away from unloading site without complying with prescribed requirements
3
36(4)
Holder of fishing licence (giant crab) selling or transferring more than 5 giant crab at unloading site without complying with prescribed requirements
3
36(5)
Holder of fishing licence (giant crab) selling or transferring more than 5 giant crab away from unloading site without complying with prescribed requirements
3
37(2)
Holder of fishing licence (giant crab) returning giant crab to vessel or fish cauf without making cancellation report
3
37(3)
Holder of fishing licence (giant crab) returning giant crab to vessel or fish cauf without completing part A of docket and sending pink and yellow sheets to Secretary as prescribed
3
38(2)
Holder of fishing licence (giant crab) exporting giant crab to person other than processor or handler without complying with prescribed requirements
5
38(3)
Holder of fishing licence (giant crab) exporting giant crab to processor or handler without complying with prescribed requirements
5
39(1)
Holder of fishing licence (giant crab) unloading giant crab in another State from vessel unless authorised by endorsement on licence, all giant crab are unloaded before next trip, giant crab are sold only to processor and prescribed requirements are complied with
5
39(4)
Holder of fishing licence (giant crab), transporting giant crab to another State on vessel, unloading at port unless fisheries officer removes seals from holding tank or prescribed circumstances exist
5
40(2)
Holder of fishing licence (giant crab) selling or transferring giant crab from holding tank failing to issue receipt and keep copy in good condition for at least 5 years
5
41
Holder of fishing licence (giant crab) transferring giant crab from one vessel to another without authority of Secretary
5
42
Holder of fishing licence (giant crab) fishing in two jurisdictions
5
43
Holder of fishing licence (giant crab) holding or storing giant crab for commercial purposes at place other than the vessel, fish cauf or holding tank specified in the licence or place approved by the Secretary
5
44(1)
Setting, using or possessing trap without fishing licence (giant crab)
3
44(2)
Setting, using or possessing trap during closed season
3
45(1)
Holder of fishing licence (giant crab) setting trap for more than 48 hours in waters less than 120 metres deep
2
45(3)
Using vessel to pull or retrieve trap set from different vessel without written approval of fisheries officer
2
46(1)(a)
Holder of fishing licence (giant crab) setting or using more traps than number of rock lobster pots specified in fishing licence (rock lobster) in waters less than 120 metres deep
3
46(1)(b)
Holder of fishing licence (giant crab) setting or using more than prescribed number of traps in waters 120 or more metres deep
3
46(2)
Holder of fishing licence (giant crab) failing to make pre-fishing report before commencing certain trip
3
46(3)
Holder of fishing licence (giant crab) possessing rock lobster when setting or using traps in compliance with rule 46(1)(b)(i)
3
47(1)
Setting, using or possessing traps not complying with prescribed requirements
2
48
Holder of fishing licence (giant crab) setting giant crab longline unless more than 5 giant crab quota units specified in licence and longline set in waters 120 or more metres deep
2
49(1)
Setting or using trap with buoy not attached in prescribed manner or conforming with prescribed requirements
2
49(2)
Person in charge of fishing vessel failing to mark every buoy clearly and legibly with vessel's distinguishing mark
2
49(4)
Owner or person in charge of fishing vessel failing to ensure distinguishing mark remains clear and legible and buoy bears only that mark
2
49(5)
Possessing device designed to conceal buoy under surface of water
2
49(6)
Using trap on giant crab longline with buoy not marked in prescribed manner or conforming with prescribed requirements
2
50(1)
Holder of fishing licence (giant crab), fish processing licence or handling licence possessing fish cauf or placing giant crab in fish cauf without fish cauf endorsement on licence
4
50(2)
Holder of fishing licence (giant crab) with fish cauf endorsement on licence using fish cauf otherwise than as specified in licence or placing in fish cauf giant crab taken by another person
4
50(3)
Holder of fishing licence (giant crab) with fish cauf endorsement on licence failing to mark fish cauf with buoy in accordance with rule 49
4
50(4)
Holder of fishing licence (giant crab), fish processing licence or handling licence moving fish cauf from place specified in licence
4
50(5)
Holder of fishing licence (giant crab), fish processing licence or handling licence failing to make fish cauf report within 30 minutes after placing or causing to place giant crab in fish cauf
4
50(6)
Holder of fishing licence (giant crab) placing giant crab in fish cauf before catch records completed for that day
4
50(7)
Removing live giant crab from fish cauf for purpose other than unloading live giant crab
4
50(8)
Holder of fishing licence (giant crab), fish processing licence or handling licence failing to keep prescribed records about use of fish cauf
4
50(9)
Holder of fishing licence (giant crab), fish processing licence or handling licence failing to keep records made under rule 50(8) in good condition for 5 years
4
51(1)
Holder of fishing licence (giant crab) placing giant crab in holding tank without licence endorsement for holding tank
4
51(2)
Holder of fishing licence (giant crab) placing in holding tank giant crab taken by another person or purchased or obtained from holder of fish processing licence or handling licence
4
51(3)
Holder of fishing licence (giant crab) placing giant crab in holding tank unless part B of quota docket is completed
4
51(4)
Holder of fishing licence (giant crab) failing to keep prescribed records about placements, removals and daily stock of giant crab in holding tank
4
53(1)
Holder of fishing licence (giant crab) failing to make unloading report before unloading giant crab
3
53(3)
Holder of fishing licence (giant crab) failing to unload giant crab in accordance with report made under rule 53(1)
3
55
Reporting more than 24 hours before activity is carried out without approval of Secretary
1
56
Failing to make cancellation report within 2 hours after the activity was supposed to have been carried out
1
57
Omitting relevant information from report or giving false or misleading information in report
3
58
Failing to provide report receipt number to fisheries officer when required to do so
1
59
Holder of fishing licence (giant crab), fish processing licence or handling licence failing to maintain and use accurate weighing instruments to determine weight information on dockets
4
60(1)
Natural person who unloads giant crab completing part B of quota docket as holder of fish processing licence without written approval of Secretary
2
60(2)
Natural person who receives giant crab completing part A of quota docket as holder of fishing licence (giant crab) without written approval of Secretary
2
61(1)
Holder of fishing licence (giant crab) failing to make and retain prescribed records of general information
3
62(1)
Holder of fishing licence (giant crab) failing to complete giant crab record in prescribed time and manner
3
62(2)
Holder of fishing licence (giant crab) failing to ensure giant crab catch record is kept on fishing vessel during trip
3
7. Schedule 9 inserted
After Schedule 8 to the Principal Regulations , the following Schedule is inserted:SCHEDULE 9 - Offences under Fisheries (Commercial Dive) Rules 2005
Column 1
Rule
Column 2
General description of offence
Column 3
Penalty units
13(2)
Holder of fishing licence (commercial dive) taking controlled fish from closed waters
5
13(3)
Holder of fishing licence (commercial dive) possessing controlled fish in closed waters
5
14(2)
Holder of fishing licence (commercial dive) taking or possessing controlled fish smaller than minimum size limit
2
15(2)
Holder of fishing licence (commercial dive) contravening public notice under rule 15(1)
4
16(1)
Holder of fishing licence (commercial dive) failing to complete information regarding controlled fish in part A of docket at prescribed time
2
16(2)
Holder of fishing licence (commercial dive) failing to ensure information on part A of docket is recorded and maintained in clear and legible manner
2
17(1)
Holder of fishing licence (commercial dive) failing to complete part B of docket as prescribed on direct sale of controlled fish
2
17(2)
Holder of fish processing licence failing to immediately complete part B of docket on taking possession of controlled fish from holder of fishing licence (commercial dive)
2
17(3)
Person who enters information on part B of docket under rule 17(1) or 17(2) failing to ensure information is recorded and maintained in clear and legible manner
2
18(1)
Holder of fishing licence (commercial dive) failing to ensure pink sheet of docket is received by Secretary within 48 hours once part B completed
2
18(2)
Holder of fishing licence (commercial dive) failing to keep white sheet of docket in good condition for 5 years
2
19(1)
Holder of fish processing licence taking possession of controlled fish from holder of fishing licence (commercial dive) without receiving yellow sheet of docket
2
19(2)
Holder of fish processing licence failing to keep yellow sheet of docket with controlled fish while being processed and in good condition for 5 years
2
20(1)
Taking controlled fish for commercial purpose without prescribed licence
4
20(2)
Holder of fishing licence (commercial dive) taking fish other than controlled fish except in accordance with endorsement under rule 9
4
21
Holder of fishing licence (commercial dive) taking controlled fish using vessel not specified in fishing licence (vessel)
2
22(1)
Entering water from vessel used by another person for fishing under authority of fishing licence (commercial dive) without also holding that licence
3
22(2)
Holder of fishing licence (commercial dive) entering water from fishing vessel if 2 or more other persons are using that vessel for fishing under authority of fishing licence (commercial dive)
2
23(1)
Person on vessel used for fishing under authority of fishing licence (commercial dive) possessing prescribed species or apparatus
3
24
Engaging in recreational fishing for which licence is required while fishing under authority of fishing licence (commercial dive)
3
25(1)
Holder of fishing licence (commercial dive) failing to immediately issue sales receipt for direct sale of controlled fish and to keep copy of receipt in good condition for 5 years
2
26(1)
Holder of fishing licence (commercial dive) taking sea urchins other than by prescribed means
4
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 amend the Fisheries (Infringement Notices) Regulations 2001 by –(a) prescribing the offences under the Fisheries (Giant Crab) Rules 2006 , the Fisheries (Rock Lobster) Rules 2006 and the Fisheries (Commercial Dive) Rules 2005 for which infringement notices may be issued; and(b) prescribing the penalties payable for those offences; and(c) removing the infringement notice offences and penalties relating to the superseded Fisheries (Rock Lobster and Giant Crab Rules) 2001 .