Fisheries (General and Fees) 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 .
18 September 2006W. J. E. COX
Governor
By His Excellency's Command,
D. E. LLEWELLYN
Minister for Primary Industries and Water
PART 1 - Preliminary
These regulations may be cited as the Fisheries (General and Fees) Amendment Regulations 2006 .
(1) Except as specified in subregulation (2), these regulations take effect on the day on which their making is notified in the Gazette.(2) Part 3 takes effect on 1 November 2006.
PART 2 - Fisheries (General and Fees) Regulations 2006 Amended
In this Part, the Fisheries (General and Fees) Regulations 2006 are referred to as the Principal Regulations.
4. Regulation 3 amended (Interpretation)
Regulation 3 of the Principal Regulations is amended by inserting after the definition of mother boat the following definition:north coast blacklip area means the area of State waters adjacent to the north coast of mainland Tasmania bounded by an imaginary line starting at the point where the line of longitude 145° 22’ 42” East meets the high-water mark near Cowrie Point and running due north along that line of longitude until its junction with the line of latitude 40° 35’ 00” South, then east along that line of latitude until its junction with the line of longitude 147° 27’ 00” East and then south along that line of longitude to the high-water mark of the north coast of the mainland of Tasmania in Anderson Bay;
5. Regulation 4 amended (Taking or possessing abalone)
Regulation 4(3) of the Principal Regulations is amended by omitting "114 millimetres" and substituting "110 millimetres".
6. Regulation 6 amended (Possession by fish processing licence holder)
Regulation 6(1)(a) of the Principal Regulations is amended by omitting "114 millimetres" and substituting "110 millimetres".
7. Regulation 7 amended (Taking or possessing abalone in certain waters)
Regulation 7 of the Principal Regulations is amended as follows:(a) by inserting the following subregulations after subregulation (4) :(4A) The holder of a fishing licence (abalone dive) must not take abalone with a shell length less than 114 millimetres from the Bass Strait area other than the north coast blacklip area.Penalty: Grade 3 penalty.(4B) The holder of a fishing licence (abalone dive) must not have possession of any abalone with a shell length less than 114 millimetres in the Bass Strait area other than the north coast blacklip area unless –(a) the holder of the fishing licence (abalone dive) is undertaking a fishing trip on a mother boat; and(b) the abalone has a shell length not less than 110 millimetres; and(c) the abalone was taken in the north coast blacklip area.Penalty: Grade 3 penalty.(b) by omitting from subregulation (9)(a) "those abalone were taken in the northern blacklip area or Bass Strait area" and substituting "the abalone was taken in the northern blacklip area, Bass Strait area or north coast blacklip area";(c) by omitting from subregulation (9)(b) "those abalone do not have a shell length less than 114 millimetres" and substituting "the abalone does not have a shell length less than 110 millimetres".
8. Regulation 7A amended (Taking or possessing abalone in certain waters)
Regulation 7A of the Principal Regulations is amended as follows:(a) by inserting the following subregulations after subregulation (4) :(4A) The holder of a fishing licence (abalone dive) must not take abalone with a shell length less than 114 millimetres from the Bass Strait area other than the north coast blacklip area.Penalty: Grade 3 penalty.(4B) The holder of a fishing licence (abalone dive) must not have possession of any abalone with a shell length less than 114 millimetres in the Bass Strait area other than the north coast blacklip area unless –(a) the holder of the fishing licence (abalone dive) is undertaking a fishing trip on a mother boat; and(b) the abalone has a shell length not less than 110 millimetres; and(c) the abalone was taken in the north coast blacklip area.Penalty: Grade 3 penalty.(b) by omitting from subregulation (9)(a) "those abalone were taken in the northern blacklip area or Bass Strait area" and substituting "the abalone was taken in the northern blacklip area, Bass Strait area or north coast blacklip area";(c) by omitting from subregulation (9)(b) "those abalone do not have a shell length less than 114 millimetres" and substituting "the abalone does not have a shell length less than 110 millimetres";(d) by omitting from subregulation (13) "140 millimetres" twice occurring and substituting "132 millimetres";(e) by omitting from subregulation (14) "north coast greenlip area" and substituting "Perkins Bay greenlip area".
9. Regulation 8 amended (Taking or possessing certain abalone)
Regulation 8(1) of the Principal Regulations is amended by omitting "114 millimetres" and substituting "110 millimetres".
PART 3 - Fisheries (General and Fees) Regulations 2006 Further Amended
In this Part, the Fisheries (General and Fees) Regulations 2006 are referred to as the Principal Regulations.
11. Regulation 3 amended (Interpretation)
Regulation 3 of the Principal Regulations is amended by omitting the definition of north coast greenlip area .
12. Regulation 5 amended (Taking or possessing greenlip abalone)
Regulation 5 of the Principal Regulations is amended by omitting "140 millimetres" and substituting "132 millimetres".
13. Regulation 6 amended (Possession by fish processing licence holder)
Regulation 6(1)(b) of the Principal Regulations is amended by omitting "140 millimetres" and substituting "132 millimetres".
14. Regulation 8 amended (Taking or possessing certain abalone)
Regulation 8(2) of the Principal Regulations is amended by omitting "140 millimetres" and substituting "132 millimetres".
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 20 September 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 (General and Fees) Regulations 2006 by reducing minimum size limits for abalone in certain parts of Bass Strait. More specifically, they –(a) prohibit the commercial taking or possession of blacklip abalone with a shell length less than 110 millimetres in an area designated as the north coast blacklip area; and(b) from 1 November 2006, generally prohibit the taking or possession of greenlip abalone with a shell length less than 132 millimetres in the Perkins Bay greenlip area; and(c) remove references to the north coast greenlip area which become obsolete on 1 November 2006.