Fisheries (Scalefish) Amendment Rules 2008

Fisheries (Scalefish) Amendment Rules 2008

I make the following rules under the Living Marine Resources Management Act 1995 .

28 July 2008

D. E. LLEWELLYN

Minister for Primary Industries and Water

PART 1 - Preliminary

1.   Short title

These rules may be cited as the Fisheries (Scalefish) Amendment Rules 2008 .

2.   Commencement

(1)  Except as provided in this rule, these rules take effect on 1 August 2008.

(2)  Part 3 takes effect on 1 October 2008.

PART 2 - Fisheries (Scalefish) Rules 2004 Amended

3.   Principal Rules

In this Part, the Fisheries (Scalefish) Rules 2004 are referred to as the Principal Rules.

4.    Rule 3 amended (Interpretation)

Rule 3(1) of the Principal Rules is amended as follows:

(a) by inserting the following definition after the definition of bait trap :

banded morwong quota unit balance means the quantity of banded morwong allocated to a licence for a quota period, less the quantity of banded morwong taken from the TAC area and landed under the authority of that licence in that quota period;

(b) by omitting the definition of commercial graball net and substituting the following definition:

commercial gillnet means a gillnet used for taking scalefish for commercial purposes;

(c) by inserting the following definition after the definition of Commonwealth authority :

Danish seine licence means a fishing licence specified in item 8 of the table in rule 10;

(d) by inserting the following definition after the definition of Danish seine net :

day means the 24-hour period commencing at midnight on any calendar day;

(e) by omitting "catch" from paragraph (a) of the definition of dipnet and substituting "take";

(f) by omitting the definition of fish trap and substituting the following definition:

fish trap means a trap that –

(a) is not more than 2 metres in width by one metre in depth by 2 metres in length; and

(b) has a mesh size of more than 25 millimetres; and

(c) may have more than one chamber but only one with an entrance or entrances that allow fish into the trap and that entrance or each of those entrances measure no more than 250 millimetres across its longest dimension;

(g) by omitting the definition of fishing trip and substituting the following definitions:

fishing licence (giant crab) has the same meaning as in the Fisheries (Giant Crab) Rules 2006 ;

fishing trip means a trip undertaken for fishing, commencing on departure of the vessel from land, a pier, jetty or artificial extension of land and ending on the return of the vessel to land, a pier, jetty or artificial extension of land;

gear licence means a fishing licence of a kind specified in item 3, 4, 7, 8 or 9 of the table in rule 10 or a fishing licence (Australian salmon);

(h) by omitting "gillnet;" from paragraph (d) of the definition of gillnet and substituting "gillnet; or";

(i) by inserting the following paragraph after paragraph (d) in the definition of gillnet :

(e) a special small-mesh gillnet;

(j) by inserting the following definition after the definition of holder of a licence :

holding tank means fishing gear used to hold live fish on land or on a pier, jetty or other artificial extension of land;

(k) by inserting the following definitions after the definition of land :

landing means –

(a) bringing scalefish ashore or in contact with a pier, jetty or other artificial extension of land; or

(b) bringing a vessel containing scalefish ashore or in contact with a pier, jetty or other artificial extension of land;

landing area means the area on the landward side of the high-water mark within a 200-metre radius of the point of landing;

(l) by inserting the following definition after the definition of landing net :

licensing year means the period beginning on 1 March each year and ending at midnight on the last day of February the following year;

(m) by inserting the following definition after the definition of longline :

mackerel fishing licence has the same meaning as in the Fisheries (Mackerel) Rules 1999 ;

(n) by inserting the following definition after the definition of marker buoy :

market value means the market value of banded morwong determined by the Secretary in accordance with rule 58J ;

(o) by inserting the following definition after the definition of Penalty Regulations :

pre-fishing report means a report made to the reporting service by approved means and containing approved information;

(p) by inserting the following definition after the definition of recreational mullet net :

reporting service means a service approved under rule 58F ;

(q) by inserting the following definition after the definition of scalefish licence :

seine licence means a fishing licence specified in item 3 of the table in rule 10;

(r) by omitting the definition of small pelagic licence ;

(s) by inserting the following definition after the definition of spear :

special small-mesh gillnet means a single-mesh net that –

(a) has a loaded bottom line; and

(b) is intended to be set with its bottom line on the seabed or riverbed; and

(c) has a mesh size of not less than 70 millimetres and not more than 100 millimetres;

(t) by inserting the following after the definition of squid line :

TAC area means State waters (other than the Tamar River) off the north, east and south coasts of Tasmania within the area bounded –

(a) in the north by line of latitude 40^o 40' South; and

(b) in the west (for waters off the south coast) by an imaginary straight line starting at Whale Head and running due south; and

(c) in the west (for waters off the north coast) by an imaginary straight line starting at Low Head and running due north;

transit report means a report made to the reporting service by approved means and containing approved information;

5.    Rule 4 amended (Application of rules)

Rule 4(2)(b) of the Principal Rules is amended by omitting "small pelagic licence" and substituting "mackerel fishing licence".

6.    Rule 9 amended (Closed and open season for scalefish)

Rule 9 of the Principal Rules is amended as follows:

(a) by omitting from subrule (2) "by public notice," and substituting "by notice published in the Gazette,";

(b) by inserting the following subrule after subrule (2) :

(3)  A person must not take scalefish from State waters that are closed to the scalefish fishery for that kind of scalefish.

Penalty:  Grade 3 penalty.

7.    Rule 10 amended (Classes of fishing licences)

Rule 10 of the Principal Rules is amended as follows:

(a) by inserting after item 5 in the table the following:

fishing licence (southern calamari)

(b) by omitting item 8 from the table and substituting the following:

8.	class Danish seine	fishing licence (general trawl)
		fishing licence (limited trawl)

8.    Rule 14 amended (Granting of certain licences)

Rule 14(1) of the Principal Rules is amended by omitting paragraph (f) and substituting the following paragraph:

(f) class Danish seine;

9.    Rule 15 substituted

Rule 15 of the Principal Rules is rescinded and the following rule is substituted:

15.   Fishing for commercial purposes

A person must not take scalefish for commercial purposes in State waters unless the person holds –

(a) an appropriate authority; or

(b) a gear licence, a fishing licence (vessel) and a fishing licence (personal); or

(c) a fishing licence (personal) that is endorsed for the use of –

(i) spears to take flounder for commercial purposes; or

(ii) a maximum of 250 metres of beach seine net in waters between Point Sorell at Hawley, near Devonport, and North Point at Stanley; or

(iii) special small-mesh gillnet; or

(iv) small-mesh gillnet in Bass Strait; or

(v) if the person has never held a fishing licence (small-mesh gillnet), small-mesh gillnet in a shark refuge area.

Penalty:  Grade 3 penalty.

10.    Rule 16 amended (Endorsement of fishing licences)

Rule 16(2) of the Principal Rules is amended by inserting "when operating under the authority of that endorsement" after "the licence".

11.    Rule 17A inserted

After rule 17 of the Principal Rules , the following rule is inserted in Division 2:

17A.   Special small-mesh gillnet endorsement

The holder of a fishing licence (personal) that is endorsed for the use of special small-mesh gillnet must not carry on a fishing vessel, or use –

(a) a length of special small-mesh gillnet that exceeds the length of gillnet specified on the endorsement; or

(b) if the holder also holds a scalefish licence or a fishing licence (small-mesh gillnet) –

(i) a length of special small-mesh gillnet that exceeds the length of gillnet authorised by that licence; or

(ii) a length of special small-mesh gillnet and any other gillnet, the combined length of which exceeds the length of gillnet authorised by that licence.

Penalty:  Grade 3 penalty.

12.    Rule 20 substituted

Rule 20 of the Principal Rules is rescinded and the following rule is substituted:

20.   Endorsement to use fishing gear

(1)  A person must not take fish under the authority of a fishing licence (personal) that is endorsed for the use of a specified kind of fishing gear unless the person also holds a gear licence that authorises the use of that kind of fishing gear.

Penalty:  Grade 3 penalty.

(2)  Subrule (1) does not apply to a person who holds a fishing licence (personal) that is endorsed for the use of –

(a) spears to take flounder for commercial purposes; or

(b) a maximum of 250 metres of beach seine net in waters between Point Sorell at Hawley, near Devonport, and North Point at Stanley; or

(c) special small-mesh gillnet; or

(d) small-mesh gillnet in Bass Strait; or

(e) if the person has never held a fishing licence (small-mesh gillnet), small-mesh gillnet in a shark refuge area.

(3)  If a person holds –

(a) a fishing licence (personal) that is endorsed for the use of a specified kind of fishing gear; and

(b) a gear licence that authorises the use of that kind of fishing gear –

the person must not, at any time, use more of that fishing gear than is authorised by the gear licence.

Penalty:  Grade 3 penalty.

13.    Rule 22 amended (Prohibition on commercial fishing)

Rule 22(2) of the Principal Rules is amended by omitting "(personal)".

14.    Rule 23 substituted

Rule 23 of the Principal Rules is rescinded and the following rule is substituted:

23.   Marblefish

(1)  A person must not take, or have possession of, marblefish in State waters for commercial purposes unless the person is the holder of a fishing licence (banded morwong).

Penalty:  Grade 3 penalty.

(2)  However, subrule (1) does not prevent a person who holds a fishing licence (rock lobster) from taking or using marblefish for bait.

15.    Rule 31 amended (Fishing gear on commercial fishing trip)

Rule 31(1) of the Principal Rules is amended as follows:

(a) by inserting "gear" after "by a";

(b) by inserting "gear" after "authority of that".

16.    Rule 33 substituted

Rule 33 of the Principal Rules is rescinded and the following is substituted:

32A.   Mother boating permitted in certain circumstances

(1)  The holder of a fishing licence (vessel) for a mother boat must not, during a fishing trip involving the mother boat, take scalefish for commercial purposes other than to assist a prescribed licensee.

Penalty:  Grade 3 penalty.

(2)  The holder of a fishing licence (vessel) for a mother boat must not use the mother boat to land prescribed scalefish taken by a prescribed licensee unless the prescribed licensee is on board the mother boat at the time of the landing.

Penalty:  Grade 3 penalty.

(3)  Except as provided by subrules (1) and (2), nothing in these rules is to be taken to prohibit the holder of a fishing licence (vessel) for a mother boat from being in possession of, or carrying on board the mother boat, prescribed scalefish taken by a prescribed licensee.

(4)  In this rule –

mother boat means a fishing vessel that –

(a) is used to transport another, smaller, licensed fishing vessel on a fishing trip for scalefish; and

(b) is used by the holder of the fishing licence (vessel) for the smaller licensed fishing vessel to hold scalefish taken during the fishing trip;

prescribed licensee means the holder of a licence that authorises the taking of prescribed scalefish;

prescribed scalefish means banded morwong, wrasse or Australian salmon.

33.   Use of dinghies

(1)  A person who holds a fishing licence (vessel) and either a seine licence or a fishing licence (Australian salmon) must not, on a fishing trip –

(a) use more than 2 dinghies; or

(b) use a dinghy that is longer than the fishing vessel specified in the fishing licence (vessel).

Penalty:  Grade 2 penalty.

(2)  Nothing in subrule (1) prevents a person who holds a fishing licence (beach seine A) or a fishing licence (beach seine B) using up to 2 dinghies on a fishing trip without the fishing vessel specified in the person's fishing licence (vessel) also being used on that fishing trip.

(3)  However, if the fishing vessel is not used on the fishing trip involving the dinghies, a person must not carry on, or use from, that vessel any fishing gear at any time during the fishing trip involving the dinghies.

Penalty:  Grade 2 penalty.

(4)  The holder of a fishing licence (vessel) who is not the holder of a seine licence or a fishing licence (Australian salmon) must not, in taking scalefish, use –

(a) more than one dinghy from the fishing vessel specified in the licence; or

(b) a dinghy that is longer than that fishing vessel.

Penalty:  Grade 2 penalty.

(5)  The holder of a fishing licence (vessel) must ensure that each side of the hull of a dinghy used in conjunction with the fishing vessel specified on the licence displays the letter "D" above or forward of the distinguishing mark displayed on each side of the hull of the dinghy.

Penalty:  Grade 2 penalty.

17.    Rule 37 amended (Use of squid jigs, dipnets and spears)

Rule 37 of the Principal Rules is amended as follows:

(a) by omitting from subrule (3) "commercial fishing" and substituting "gear";

(b) by omitting subrule (4) and substituting the following subrules:

(4)  A person who holds an authorisation to carry on a fishing vessel, or use, squid jigs for commercial purposes and who is not the holder of a fishing licence (automatic squid jig) must not carry on a fishing vessel, or use, at any one time, more than –

(a) 4 automatic squid-jigging machines; or

(b) fish attraction lamps exceeding a total power rating of 2 000 watts.

Penalty:  Grade 1 penalty.

(5)  A person who holds an authorisation to carry on a fishing vessel, or use, squid jigs for commercial purposes and who is not fishing under the authority of a fishing licence (automatic squid jig) must not, at any one time, use more than 5 squid jigs.

Penalty:  Grade 1 penalty.

18.    Rules 37A and 37B inserted

After rule 37 of the Principal Rules , the following rules are inserted in Division 4:

37A.   Carrying or using squid jigs at same time as seine net in south-east waters

(1)  A person must not carry a squid jig on a vessel in south-east waters while carrying a purse seine net, beach seine net or Danish seine net on the vessel.

Penalty:  Grade 2 penalty.

(2)  A person must not use a squid jig on a vessel in south-east waters while using a purse seine net, beach seine net or Danish seine net on the vessel.

Penalty:  Grade 2 penalty.

(3)  Subrules (1) and (2) do not apply if the person holds –

(a) a fishing licence (southern calamari); and

(b) a fishing licence that authorises the use of a purse seine net, beach seine net or Danish seine net.

37B.   Use of dinghy if using squid jigs

The holder of a fishing licence (vessel) who holds an authorisation to carry on a fishing vessel, or use, squid jigs must not use squid jigs from a dinghy while using squid jigs from the authorised fishing vessel.

Penalty:  Grade 2 penalty.

19.    Rules 44 and 45 substituted

Rules 44 and 45 of the Principal Rules are rescinded and the following is substituted:

44.   Small-mesh gillnet net depth

A person must not carry on a fishing vessel, or use, a small-mesh gillnet that has a net depth of more than 75 meshes while carrying, or using, more than half the amount of small-mesh gillnet authorised by the person's licence.

Penalty:  Grade 2 penalty.

45.   Fishing licence (purse seine net)

(1)  The holder of a fishing licence (purse seine net) must not carry on a fishing vessel, or use –

(a) a purse seine net with a headline length of more than 600 metres; or

(b) a lampara net with a headline length of more than 600 metres.

Penalty:  Grade 2 penalty.

(2)  The holder of a fishing licence (purse seine net) must not use more than one seine net at any one time.

Penalty:  Grade 2 penalty.

(3)  However, nothing in subrule (2) prevents the holder of a fishing licence (purse seine net) from carrying on a fishing vessel more than one seine net at any time.

20.    Rule 48 substituted

Rule 48 of the Principal Rules is rescinded and the following rule is substituted:

48.   Fishing licence (automatic squid jig)

(1)  A fishing licence (automatic squid jig) authorises the holder of that licence to take and possess only arrow squid.

(2)  A fishing licence (automatic squid jig) authorises the holder of that licence to carry on a fishing vessel, and use, the following fishing gear:

(a) automatic squid-jigging machines;

(b) squid lines;

(c) fish attraction lamps.

21.    Rule 50 amended (Restrictions on fishing licence (general trawl))

Rule 50(3) of the Principal Rules is amended as follows:

(a) by omitting from paragraph (b) "Andersons" and substituting "Anderson";

(b) by omitting from paragraph (c) "Double".

22.    Part 3, Division 6: Heading inserted

Part 3 of the Principal Rules is amended by inserting the following heading after rule 58 :

Banded morwong

23.    Rules 58A , 58B , 58C , 58D , 58E , 58F , 58G , 58H , 58I and 58J inserted

After rule 58 of the Principal Rules , the following is inserted in Division 6:

58A.   Taking and possession of banded morwong

A person must not take, or be in possession of, banded morwong in State waters for commercial purposes unless the person is the holder of a fishing licence (banded morwong).

Penalty:  Grade 3 penalty.

58B.   Total allowable catch

(1)  Unless otherwise determined by the Secretary by notice published in the Gazette, the quota period during which the total allowable catch for the commercial banded morwong fishery may be taken is the period commencing on 1 March in a year and ending on the last day of February in the following year.

(2)  The Minister is to allocate the total allowable catch for the commercial banded morwong fishery to the holders of fishing licences (banded morwong) according to the number of banded morwong quota units held by those licensees in respect of those licences immediately before the commencement of the period referred to in subrule (1).

58C.   Restrictions relating to fish caufs

(1)  The holder of a fishing licence (banded morwong) must not be in possession of a fish cauf in State waters unless –

(a) the fish cauf is at all times within the close proximity of the licensee; or

(b) the licence is endorsed for the use of a fish cauf.

Penalty:  Grade 3 penalty.

(2)  The holder of a fishing licence (banded morwong) must not use a fish cauf to hold banded morwong unless –

(a) the use of the fish cauf is at all times carried out under the close and direct supervision of the licensee; or

(b) the licence is endorsed for the use of a fish cauf.

Penalty:  Grade 3 penalty.

(3)  The holder of a fishing licence (banded morwong) that is endorsed for the use of a fish cauf must not place a fish cauf anywhere other than at a place specified in the licence.

Penalty:  Grade 3 penalty.

58D.   Restrictions relating to holding tanks

(1)  The holder of a fishing licence (banded morwong) must not –

(a) be in possession of a holding tank; or

(b) place banded morwong in a holding tank –

unless the licence is endorsed for the use of a holding tank.

Penalty:  Grade 3 penalty.

(2)  The holder of a fishing licence (banded morwong) that is endorsed for the use of a holding tank must not place a holding tank anywhere other than at a place specified in the licence.

Penalty:  Grade 3 penalty.

58E.   Records relating to fish caufs and holding tanks

(1)  The holder of a fishing licence (banded morwong) that is endorsed for the use of a holding tank must keep approved records in relation to the use of that tank.

Penalty:  Grade 3 penalty.

(2)  The holder of a fishing licence (banded morwong) that is endorsed for the use of a fish cauf must keep approved records in relation to the use of that fish cauf.

Penalty:  Grade 3 penalty.

58F.   Reporting service

(1)  The Secretary may approve –

(a) a reporting service to receive reports under this Division; and

(b) the means by which such reports are to be made; and

(c) the information to be provided in such reports.

(2)  As soon as practicable after it receives a report under this Division, the reporting service is to issue the maker of the report with a report receipt number.

58G.   Restrictions on transfer of banded morwong quota units

(1)  The Minister is not to transfer banded morwong quota units to a person who is not the holder of a fishing licence (banded morwong).

(2)  The Minister is not to specify banded morwong quota units on a licence other than a fishing licence (banded morwong).

(3)  The Minister is not to transfer banded morwong quota units unless –

(a) the banded morwong quota unit balance for the transferor's fishing licence (banded morwong) is reduced by a quantity equivalent to the number of those banded morwong quota units; and

(b) the quantity of banded morwong for those banded morwong quota units has not already been caught.

(4)  The Minister is not to transfer partially caught banded morwong quota units.

(5)  However, subrule (3)(b) and subrule (4) do not apply to the permanent transfer of banded morwong quota units that are transferred with the fishing licence (banded morwong) in which the banded morwong quota units are specified.

58H.   Maximum licence holdings for banded morwong

(1)  A person must not at any one time or in the same licensing year –

(a) hold more than 2 fishing licences (banded morwong); or

(b) receive any payment, financial advantage or benefit in kind from more than 2 fishing licences (banded morwong).

Penalty:  Grade 2 penalty.

(2)  If a person is convicted of an offence under subrule (1), the Minister may divest the person of the interests in excess of 2 licences and reallocate those interests by any means the Minister considers appropriate.

58I.   Maximum quota unit holdings

(1)  The holder of a fishing licence (banded morwong) must not at any one time or in the same licensing year –

(a) hold more than 200 banded morwong quota units on a licence; or

(b) hold more than 200 banded morwong quota units; or

(c) receive any payment, financial advantage or benefit in kind from more than 200 banded morwong quota units.

Penalty:  Grade 2 penalty.

(2)  If a person is convicted of an offence under subrule (1) , the Minister may divest the person of the interests in excess of 200 banded morwong quota units and reallocate those interests by any means the Minister considers appropriate.

58J.   Determination of market value

(1)  The Secretary may, from time to time, after consultation with the relevant fishing body –

(a) determine the market value of banded morwong; and

(b) publish the determination in the Gazette.

(2)  A determination under subrule (1) has effect from the date on which the notice is published until the determination is revoked or a further determination is made under subrule (1) .

24.    Rule 69 amended (Possession limits)

Rule 69(1) of the Principal Rules is amended as follows:

(a) by omitting from paragraph (a) "fishing licence (vessel) or a fishing licence (personal)" and substituting "commercial fishing licence and is fishing under the authority of that licence";

(b) by inserting in paragraph (b) "and the person is fishing under that authority" after " Schedule 4 ".

25.    Rule 69A inserted

After rule 69 of the Principal Rules , the following rule is inserted in Division 3:

69A.   Boat limits

(1)  The person in charge of a vessel must not be in possession of, or have on board the vessel, more of a species or type of scalefish than the boat limit specified in Schedule 4 for that species or type of scalefish.

Penalty:  Grade 2 penalty.

(2)  However, the person in charge of a vessel is not guilty of an offence under subrule (1) if the person, or another person on board the vessel –

(a) is the holder of a commercial fishing licence and the scalefish were taken under the authority of that licence; or

(b) has a Commonwealth authority that authorises the possession of more of that species or type of scalefish than the boat limit specified in Schedule 4 and the fish were taken under that authority; or

(c) has proof that the scalefish were purchased.

(3)  For the purposes of this rule, a person is taken to be in charge of a vessel if the person reasonably appears to a fisheries officer to be in charge of the vessel.

26.    Rule 70 amended (Taking or possessing shark)

Rule 70 of the Principal Rules is amended by inserting "and is fishing under that authority" after "authority".

27.    Rule 73 amended (Setting of commercial and recreational gillnets during night)

Rule 73 of the Principal Rules is amended as follows:

(a) by omitting from subrule (1) "commercial graball net" and substituting "commercial gillnet, other than a shark net,";

(b) by omitting from subrule (2)(ab) "graball nets" and substituting "gillnets".

28.    Rule 75 amended (Fish caught in rock lobster pot or giant crab trap)

Rule 75 of the Principal Rules is amended as follows:

(a) by inserting "or giant crab trap" after "pot";

(b) by omitting from paragraph (b) "pot)." and substituting "pot); or";

(c) by inserting the following paragraph after paragraph (b) :

(c) a fishing licence (giant crab).

29.    Rule 86 amended (Prohibited use of nets other than landing nets)

Rule 86 of the Principal Rules is amended by inserting after subrule (2) the following subrule:

(3)  Nothing in subrule (2) prevents a person who is qualified in accordance with rule 89(1)(a) or (b) from using a gillnet in the waters specified in paragraph (da) of subrule (2).

30.    Rule 87 amended (Prohibited use of nets other than bait nets and landing nets)

Rule 87 of the Principal Rules is amended by omitting paragraph (e) and substituting the following paragraph:

(e) the waters enclosed north of an imaginary straight line extending from Point Bagot to the first point of land due east of Point Bagot.

31.    Rule 89 amended (Prohibited use of gillnets)

Rule 89(2) of the Principal Rules is amended by omitting "graball net" and substituting "gillnet".

32.    Rule 90 amended (Prohibited use of beach seine net)

Rule 90(1) of the Principal Rules is amended as follows:

(a) by omitting "A person" and substituting "A person who holds a commercial fishing licence";

(b) by inserting "also" after "person is";

(c) by omitting from paragraph (a) "Point" and substituting "Port".

33.    Rule 90A inserted

After rule 90 of the Principal Rules , the following rule is inserted in Division 2:

90A.   Prohibited use of purse seine and beach seine nets

A person must not set, or use, a purse seine net or beach seine net in the following waters:

(a) Coles Bay east of an imaginary straight line from Hepburn Point running approximately south-east to the western boundary of The Fisheries;

(b) Promise Bay in the area of water east of an imaginary straight line running from Fleurieu Point approximately south in the direction of Weatherhead Point as far as the point of intersection with an imaginary straight line running due west from Regleeta Creek.

Penalty:  Grade 2 penalty.

34.    Rule 91 amended (Use of small-mesh gillnets)

Rule 91 of the Principal Rules is amended by omitting subrule (1) and substituting the following subrule:

(1)  A person must not use a small-mesh gillnet in the following areas of State waters:

(a) all waters off the west coast of Tasmania, south of an imaginary straight line starting at Cape Grim and running due west;

(b) all waters off the east coast of Tasmania, south of an imaginary straight line starting at Cape Naturaliste and running due east;

(c) all waters off the south coast of Tasmania.

Penalty:  Grade 2 penalty.

35.    Rule 92 amended (Prohibited use of traps)

Rule 92 of the Principal Rules is amended by omitting paragraph (j) and substituting the following paragraph:

(j) the waters enclosed north of an imaginary straight line extending from Point Bagot to the first point of land due east of Point Bagot.

36.    Rule 94 amended (Limits on taking or possessing certain scalefish)

Rule 94(4) of the Principal Rules is amended by omitting "The holder of a fishing licence (rock lobster) using not more than the fishing gear specified in subrule (3) must not" and substituting "The holder of a fishing licence (rock lobster), when fishing under the authority of that licence, must not".

37.    Rule 95 amended (Limits on possessing boarfish)

Rule 95 of the Principal Rules is amended by inserting "take or" after "waters,".

38.    Rule 97 amended (Limits on holder of appropriate authority and scalefish licence)

Rule 97 of the Principal Rules is amended by inserting after subrule (2) the following subrule:

(3)  Any scalefish taken in State waters by a person who holds an appropriate authority and a scalefish licence are considered to have been taken under the authority of the person's scalefish licence and –

(a) are to be recorded in the holder's scalefish records in accordance with rule 102 ; and

(b) are not to exceed the possession limit, if any, set by these rules for the kind of scalefish taken.

39.    Rule 99 amended (Limits on taking and possessing squid)

Rule 99(1) of the Principal Rules is amended by omitting "southern calamary" and substituting "southern calamari".

40.    Rule 102 substituted

Rule 102 of the Principal Rules is rescinded and the following is substituted:

102.   Completion of scalefish records

(1)  The holder of a commercial fishing licence must complete approved records relating to the taking of scalefish –

(a) within 4 hours immediately after landing the scalefish; and

(b) before any of the scalefish are moved outside the landing area; and

(c) before any of the scalefish are moved inside a tent or other temporary structure or a building; and

(d) if the licensee is on a fishing trip that lasts longer than 24 hours, before the end of each day of that fishing trip.

Penalty:  Grade 3 penalty.

(2)  An approved record under subrule (1) is part of the records required to be kept under section 145 of the Act.

103.   Infringement notice offences and penalties

For section 42(2) of the Act –

(a) an offence against a provision of these rules specified in column 1 of Schedule 9 and generally described in column 2 of that Schedule is a prescribed offence; and

(b) the penalty specified in column 3 of that Schedule for that offence is its prescribed penalty.

104.   Grant of fishing licence (southern calamari)

Schedule 10 has effect with respect to the grant of a fishing licence (southern calamari).

105.   Allocation of banded morwong quota units

Schedule 11 has effect with respect to the allocation of banded morwong quota units.

106.   Catch history for southern calamari and banded morwong

Schedule 12 has effect with respect to a claim for southern calamari catch history or banded morwong catch history.

41.    Schedule 1 amended (Fish Species and Interpretation)

Schedule 1 to the Principal Rules is amended as follows:

(a) by inserting after

"long-snouted boarfish"

means fish of the species Pentaceropsis recurvirostris

the following item:

"marblefish"

means fish of the species Aplodactylus arctidens

(b) by omitting

"southern calamary"

means squid of the species Sepioteuthis australis

and substituting the following item:

"southern calamari"

means squid of the species Sepioteuthis australis

42.    Schedule 2 amended (Areas and Interpretation)

Schedule 2 to the Principal Rules is amended as follows:

(a) by omitting

"Blackmans Bay"

means the waters within the area bounded –

and substituting the following item:

"Blackman Bay"

means the waters within the area bounded –

(b) by inserting after

"Robbins Passage"

means the waters bounded in the west by an imaginary straight line from Woolnorth Point to the northern extreme of Kangaroo Island to Bird Point on Robbins Island and an imaginary straight line in the east from Cape Elie on Robbins Island to Shipwreck Point on Perkins Island

the following item:

"south-east waters"	means the State waters of Tasmania bounded –
	(a) in the north by the line of latitude running through Lemon Rock, including Great Oyster Bay; and
	(b) in the west by the line of longitude running through Whale Head

43.    Schedule 4 amended (Possession Limits)

Schedule 4 to the Principal Rules is amended by omitting item 23 and substituting:

23.

Southern calamari

15 fish

44.    Schedule 5 amended (Regions)

Schedule 5 to the Principal Rules is amended as follows:

(a) by inserting after item 13 in Part 2 the following:

14.	Doctors Creek, north of the Douglas River and Bicheno

(b) by omitting item 9 from Part 3 .

45.    Schedule 9 substituted

Schedule 9 to the Principal Rules is rescinded and the following is substituted:

SCHEDULE 9 - Infringement Notice Offences and Penalties

Rule 103

	Column 1	Column 2	Column 3
Item	Rule	General description of offence	Penalty units
1.	7	Taking, buying, selling or possessing certain undersize or oversize fish	1
2.	15	Taking scalefish commercially without prescribed licence or appropriate authority	2
3.	17	Carrying on fishing vessel or using more small-mesh gillnet or combination of net than allowed	2
4.	17A	Carrying on fishing vessel or using more special small-mesh gillnet or combination of net than allowed	2
5.	23(1)	Taking or possessing marblefish for commercial purposes unless holder of a fishing licence (banded morwong)	1
6.	25(1)	Selling live wrasse without licence or receipt	1
7.	25(2)	Possessing wrasse with total weight exceeding 30kg without prescribed licence	1
8.	25(3)	Taking more than 30kg of wrasse in one day without prescribed licence	1
9.	30(1)	Carrying on fishing vessel or using fishing gear, used or intended to be used to take scalefish, in excess of authorised amount	2
10.	31(1)	Carrying on fishing vessel or using fishing gear in excess of authorised amount on commercial scalefish fishing trip	2
11.	32(a)	Carrying on a fishing vessel that carries another fishing vessel, or on that other vessel, more fishing gear than the combined maximum authorised amount	2
12.	32(b)	Using on a fishing vessel that carries another fishing vessel, or on that other vessel, more fishing gear than authorised amount	2
13.	32A(1)	Holder of fishing licence (vessel) using mother boat to take scalefish for commercial purposes other than to assist prescribed licensee	2
14.	32A(2)	Holder of fishing licence (vessel) for a mother boat using the mother boat to land prescribed scalefish without prescribed licensee on board mother boat at time	2
15.	33(1)(a)	Holder of fishing licence (vessel) and either seine licence or fishing licence (Australian salmon) using more than two dinghies on a fishing trip	2
16.	33(1)(b)	Holder of fishing licence (vessel) and either seine licence or fishing licence (Australian salmon) using dinghy that is longer that the specified fishing vessel on a fishing trip	2
17.	33(3)	Carrying or using fishing gear from specified fishing vessel, if fishing gear is carried or used from dinghies during a fishing trip without the vessel	2
18.	33(4)(a)	Holder of a fishing licence (vessel) using more than one dinghy to take scalefish if not holder of seine licence or fishing licence (Australian salmon)	2
19.	33(4)(b)	Holder of fishing licence (vessel) using dinghy that is longer than the specified fishing vessel if not holder of seine licence or fishing licence (Australian salmon)	2
20.	33(5)	Holder of fishing licence (vessel) failing to ensure letter "D" displayed on dinghy as required	2
21.	36(1)	Carrying on fishing vessel or using commercial graball net with net depth of more than 50 meshes without prescribed licence	2
22.	36(2)	Holder of fishing licence (scalefish A or scalefish B) carrying on fishing vessel or using commercial graball net with net depth of more than 50 meshes when carrying or using more than half of authorised amount of commercial graball net	2
23.	37A(1)	Carrying squid jig on vessel while carrying and using purse seine, beach seine or Danish seine net if not holder of fishing licence (southern calamari) or licence that authorises use of that fishing gear	2
24.	37A(2)	Using squid jig on vessel while carrying and using purse seine, beach seine or Danish seine net if not holder of fishing licence (southern calamari) or licence that authorises use of that fishing gear	2
25.	37B	Holder of fishing licence (vessel) using squid jigs from dinghy while using squid jigs from vessel	2
26.	44	Carrying on fishing vessel or using small-mesh gillnet with net depth of more than 75 meshes while carrying or using more than half the amount of small-mesh gillnet authorised	2
27.	45(1)	Holder of fishing licence (purse seine net) carrying on fishing vessel or using purse seine or lampara net with headline length of more than 600 metres	2
28.	45(2)	Holder of fishing licence (purse seine net) using more than one seine net at any one time	2
29.	49(a)	Holder of fishing licence (general trawl) carrying more Danish seine nets on fishing vessel than specified in licence	2
30.	49(b)	Holder of fishing licence (general trawl) using more than one Danish seine net at any one time	2
31.	51(a)	Holder of fishing licence (limited trawl) carrying more Danish seine nets on fishing vessel than specified in licence	2
32.	51(b)	Holder of fishing licence (limited trawl) using more than one Danish seine net at a time	2
33.	58(1)	Holder of fishing licence (Australian salmon) taking and carrying on fishing vessel more than 50kg in total of fish other than Australian salmon unless in accordance with prescribed licence	3
34.	58A	Taking or possessing banded morwong for commercial purposes without licence	3
35.	58C(1)	Holder of fishing licence (banded morwong) possessing fish cauf without licence endorsement or without close supervision	2
36.	58C(2)	Holder of fishing licence (banded morwong) using fish cauf without licence endorsement or without close supervision	2
37.	58C(3)	Holder of fishing licence (banded morwong) placing fish cauf in place not specified in licence	2
38.	58D(1)	Holder of fishing licence (banded morwong) possessing or using holding tank without licence endorsement	2
39.	58D(2)	Holder of fishing licence (banded morwong) placing holding tank in place not specified in licence	2
40.	58E(1)	Holder of fishing licence (banded morwong) failing to keep records in relation to use of holding tanks	2
41.	58E(2)	Holder of fishing licence (banded morwong) failing to keep records in relation to use of fish caufs	2
42.	59(1)	Holder of licence referred to in rule using more fishing gear than authorised by licence or rules	2
43.	59(5)	Holding more than one of each licence referred to in rule	2
44.	60(2)	Holder of certain recreational licence failing to mark and attach buoy as required	1
45.	61(2)	Holder of certain recreational licence using fishing gear without tag being attached and visible	1
46.	61(4)	Holder of certain recreational licence using fishing gear without tag unless buoy attached and marked as required	1
47.	62(1)	Recreationally taking scalefish using beach seine net without licence	2
48.	62(2)	Recreationally taking scalefish using graball net without licence	2
49.	62(3)	Recreationally taking scalefish using mullet net without licence	2
50.	63	Setting mullet net on seabed that is reef or not predominantly sand	1
51.	64	Holder of certain recreational licence carrying on vessel or using more than 3 recreational gillnets	2
52.	65(1)	Using cast net other than by hand	1
53.	65(2)	User of cast net failing to attend net	1
54.	66	Recreationally taking scalefish using other than specified fishing gear	2
55.	67	Carrying or using line with more than 5 hooks if 4 other such lines are carried on vessel or used	2
56.	68(2)	Using longline for recreational fishing without marker buoy attached to each end of longline	1
57.	68(3)	Using dropline for recreational fishing without marker buoy attached to upper end of dropline	1
58.	69(1)	Taking or possessing more than specified possession limit of scalefish without commercial fishing licence, Commonwealth authority or proof of purchase	2
59.	70	Person on fishing vessel in State waters taking or possessing more than 5 sharks and shark carcasses without appropriate authority	3
60.	71	Taking shark (other than elephant fish) in shark refuge area	3
61.	72	Possessing shark fins without trunk or body of shark from which they came	2
62.	73(1)	Setting or leaving recreational gillnet or commercial gillnet in State waters between one hour after sunset and one hour before sunrise	2
63.	74	Using spear to take bream or boarfish	1
64.	76(a)	Failing to empty seine net in water	2
65.	76(b)	Drawing seine net containing scalefish ashore	2
66.	77	Using mullet net, small-mesh gillnet, shark net or graball net that does not comply with weight requirements	1
67.	80	Using or possessing unauthorised net to take scalefish	1
68.	81(1)	Holder of fishing licence (vessel) failing to ensure main hauling line buoy has clear and legible distinguishing mark	1
69.	81(2)	Holder of fishing licence (vessel) failing to attach additional buoy with required marking to fish trap hauling line	1
70.	81(4)(a)	Holder of fishing licence (vessel) failing to maintain distinguishing marks	1
71.	81(4)(b)	Holder of fishing licence (vessel) failing to ensure buoys bear only required distinguishing mark or specified mark	1
72.	82(1)	Holder of fishing licence using authorised net without distinguishing mark of fishing vessel marked as required on each surface marker buoy	1
73.	82(2)	Holder of fishing licence, commercially using authorised net, failing to ensure buoy bears only distinguishing mark required	1
74.	82(3)	Person commercially using graball net failing to ensure marker and marker buoy requirements are met	1
75.	83(a)	Person using recreational gillnet failing to ensure net is marked with 2 white buoys	1
76.	83(b)	Person using recreational gillnet failing to ensure net is correctly set	1
77.	85	Setting or using dropline, longline or set line in prohibited waters or shark refuge area	2
78.	86(1)	Setting or using net (other than landing net) in certain specified waters	2
79.	86(2)	Person other than holder of fishing licence (personal) appropriately endorsed setting or using net (other than landing net) in certain specified waters	2
80.	87	Setting or using net other than bait net or landing net in certain specified waters	2
81.	88	Setting or using mullet net in certain specified waters	2
82.	89(1)	Person other than person specified in rule setting or using gillnet in shark refuge area	2
83.	89(2)	Setting or using gillnet in certain specified waters	2
84.	90(1)	Setting or using beach seine net in certain specified waters unless holder of an endorsed commercial fishing licence	2
85.	90(2)	Taking Australian salmon with encircling net within one nautical mile of low-water mark in certain specified area otherwise than as permitted	2
86.	90(3)	Holder of fishing licence (personal) taking Australian salmon with beach seine net between Point Sorell and North Point without endorsement	2
87.	90A(a)	Setting or using a purse seine net or beach seine net in specified waters near Coles Bay	2
88.	90A(b)	Setting or using a purse seine net or beach seine net in specified waters near Promise Bay	2
89.	91(1)	Using a small-mesh gillnet in certain specified north coast waters	2
90.	91A	Holder of a commercial fishing licence using a landing net to take scalefish	1
91.	93	Using spear to take scalefish in certain specified waters	1
92.	94(1)(a)	Holder of fishing licence (personal) (not operating in accordance with Commonwealth authority) taking or possessing more than prescribed weight of scalefish	1
93.	94(1)(b)	Holder of fishing licence (personal) (not operating in accordance with Commonwealth authority) taking or possessing more than prescribed amount of scalefish	1
94.	94(1)(c)	Holder of fishing licence (personal) (not operating in accordance with Commonwealth authority) taking or possessing prescribed fish	1
95.	94(3)	Holder of fishing licence (rock lobster) using more than prescribed fishing gear to take fish of superclass Pisces	1
96.	94(4)(a)	Holder of fishing licence (rock lobster) taking or possessing more than prescribed amount of scalefish	1
97.	94(4)(b)	Holder of fishing licence (rock lobster) taking or possessing prescribed scalefish	1
98.	94(4)(c)	Holder of fishing licence (rock lobster) landing or unloading more than 150kg of Australian salmon or 30kg of wrasse	1
99.	94(5)	Holder of certain Commonwealth authority taking or possessing fish (of species to which authority applies) other than in accordance with authority	1
100.	94(6)	Holder of fishing licence (personal) taking or possessing more than 250kg in total of prescribed fish	1
101.	95	Holder of a fishing licence (personal) taking or possessing more than 50kg of boarfish	1
102.	96(1)	Holder of appropriate authority who does not hold a scalefish licence, and has possession of or uses shark nets or hooks, taking or possessing more than prescribed limits of scalefish	3
103.	96(2)	Holder of appropriate authority who does not hold scalefish licence, and has possession of or uses shark nets or hooks, taking or possessing prescribed species of scalefish	3
104.	97(1)	Holder of both appropriate authority and a scalefish licence, who has possession of or uses more than certain amount of shark net or hooks, taking or possessing more than prescribed limits of scalefish	3
105.	97(2)	Holder of both appropriate authority and scalefish licence, who has possession of or uses more than certain amount of shark net or hooks, taking or possessing prescribed species of scalefish	3
106.	99(1)	Holder of fishing licence (scalefish C) taking or possessing more than a combined total of 30 arrow squid or southern calamari	1
107.	101	Using prescribed scalefish as bait in fish traps or rock lobster pots, other than in the form of heads and frames, without proof of purchase	1
108.	102(1)	Failing to complete scalefish fishing records as required	2

SCHEDULE 10 - Grant of fishing licence (southern calamari)

Rule 104

1.   Eligibility for fishing licence (southern calamari)

(1) An application for a grant of a fishing licence (southern calamari) is to be lodged with the Secretary on or before 22 August 2008.

(2) The Minister is not to grant a fishing licence (southern calamari) to a person unless –

(a) the person holds a scalefish licence; and

(b) the person held the scalefish licence on 18 October 2006 and continued to hold it, without interruption, after that day; and

(c) the person held that scalefish licence as licensee; and

(d) the person has an eligible catch history for southern calamari; and

(e) that catch history has accrued to the person in accordance with clause 3 of Schedule 12 .

(3) In determining whether a person has an eligible catch history for southern calamari, the Minister is not to take into account the exceptional circumstances, if any, of the person.

2.   Eligible catch history

(1) A person has an eligible catch history for southern calamari if –

(a) the person's catch history is based on returns submitted to the Secretary on or before 31 March 2005; and

(b) those returns show southern calamari as having been taken in –

(i) eligible waters; and

(ii) a qualifying amount.

(2) Southern calamari are not to be included in an eligible catch history for subclause (1) if they were taken by means of a seine net.

(3) In this clause –

eligible waters means waters off the south and east coasts of Tasmania bounded –

(a) in the north by line of latitude 42^o South; and

(b) in the south by line of latitude 44^o South; and

(c) in the east by line of longitude 148^o 30' East; and

(d) in the west by line of longitude 146^o 30' East;

qualifying amount means –

(a) at least 4 tonnes of southern calamari taken in the 24-month period commencing on 1 March 2003; or

(b) at least –

(i) one tonne of southern calamari taken in either of the 12-month periods commencing on 12 August 1997 or 12 August 1998; and

(ii) 500 kilograms of southern calamari taken in each of the 4 consecutive 12-month periods beginning with the period commencing on 12 August 1999;

returns means pages from a scalefish fishing record book certified as complete and correct by the supervisor of the fishing vessel at the time the entries were made;

scalefish fishing record book means a logbook in an approved form used by the holder of a commercial fishing licence for recording scalefish catch.

SCHEDULE 11 - Allocation of banded morwong quota units

Rule 105

1.   Claim for banded morwong catch history

(1) A person who holds a fishing licence (banded morwong) may make a claim for banded morwong catch history.

(2) A claim for banded morwong catch history is to –

(a) be in the approved form; and

(b) be lodged with the Secretary on or before 22 August 2008; and

(c) show the banded morwong catch history that has accrued to the licence holder in accordance with clause 3 of Schedule 12 or been transferred to the licence holder in accordance with clause 4 of that Schedule; and

(d) be based on returns submitted to the Secretary showing banded morwong taken in the banded morwong catch history area.

(3) If a person has held more than one fishing licence (banded morwong), that person's claim for banded morwong catch history may, at that person's discretion, include the catch history relating to all, or any one or more, of those licences.

(4) In this clause –

banded morwong catch history area means waters off the south and east coasts of Tasmania bounded –

(a) in the north by line of latitude 40^o 30' South; and

(b) in the south by line of latitude 44^o South; and

(c) in the east by line of longitude 148^o 30' East; and

(d) in the west by line of longitude 146^o 30' East;

returns has the same meaning as in clause 2 of Schedule 10 .

2.   Approval of catch history

(1) The Minister may reject or approve a claim, or part of a claim, for catch history made under clause 1 .

(2) In making a decision under subclause (1), the Minister is not to take into account –

(a) that part of a licence holder's claim for banded morwong catch history in excess of 10 000 kilograms in a licensing year; or

(b) the exceptional circumstances, if any, of the licence holder.

3.   Determination of average catch history

(1) If the Minister approves a claim, or part of a claim for catch history for a licence holder, the Minister is to determine the average catch history for the licence holder in respect of the claim.

(2) The average catch history for a licence holder is to be determined by multiplying the number representing the approved catch history for that licence holder by 10 and then dividing it by the number of catch history months applicable to the approved catch history for that licence holder.

(3) If an approved catch history for a licence holder relates to catch history in respect of more than one fishing licence (banded morwong), then the number of catch history months for subclause (2) is to be ascertained by reference to the total catch history months for all of those licences combined.

(4) In this clause –

approved catch history for a licence holder means catch history approved by the Minister in accordance with clause 2 ;

catch history months means the sum of the following:

(a) the number of fishing months during which a person claiming a catch history for banded morwong held, for the whole or any part of that month, a licence as licensee of that licence;

(b) the number of fishing months during which a person held, for the whole or any part of that month, a licence for which any catch history is claimed by the claimant under an agreement of a kind specified in clause 3(2) of Schedule 12 ;

(c) the number of fishing months between March 2004 and February 2006 inclusive, except for any month during that period included under paragraph (a) or (b);

fishing month means a calendar month between May 2000 and February 2006 inclusive of those months, other than March and April in any year;

licence means a fishing licence (banded morwong).

4.   Allocation of banded morwong quota units

(1) The Minister is to allocate banded morwong quota units amongst persons who held a fishing licence (banded morwong) on and from 18 October 2006 until the date of the allocation.

(2) The allocation is to be made in accordance with the ratio of one banded morwong quota unit to each 40 kilograms of average catch history determined for a licence holder under clause 3.

(3) Only whole banded morwong quota units are to be allocated and common rounding is to be used to determine the number of banded morwong quota units to be allocated where the average catch history for a licence holder is not an exact multiple of 40 kilograms.

(4) If the ratio yields a result of more than 200 banded morwong quota units for a licence holder, that holder is to be allocated 200 banded morwong quota units.

5.   Review of decision

The following are prescribed decisions for the purpose of section 280 of the Act:

(a) a decision under clause 2 ;

(b) a determination under clause 3 ;

(c) an allocation under clause 4 .

6.   Appeal to Tribunal

A determination under section 282 of the Act relating to banded morwong catch history or the allocation of banded morwong quota units is a prescribed determination for the purpose of section 283 of the Act.

SCHEDULE 12 - Claims for catch history for southern calamari and banded morwong

Rule 106

1.   Limitation on use of southern calamari catch history

Southern calamari may be included in a catch history for only one fishing licence (southern calamari).

2.   Limitation on use of banded morwong catch history

Banded morwong may be included in a catch history for only one allocation of banded morwong quota units.

3.   Accrual of catch history

(1) The catch history for southern calamari or banded morwong taken by use of a fishing vessel specified on a fishing certificate accrues to the licensee named on that fishing certificate at the time the fish were taken.

(2) However, the catch history does not accrue to the licensee referred to in subclause (1) if –

(a) a written agreement in respect of the licensee's scalefish licence, to the satisfaction of the Secretary, was in force that stipulated that any catch history was to accrue to the supervisor of the licence at the time the fish were taken, in which case the catch history accrues to that supervisor; or

(b) in the case of a fishing licence (banded morwong), the Secretary is satisfied that –

(i) the licensee was a temporary holder of the licence; and

(ii) the licensee held an agreement with the beneficial holder of the licence that stipulated that any catch history was to accrue to the beneficial holder during the term of the agreement; and

(ii) the beneficial holder remained the beneficial holder of the licence at all times during the term of the agreement –

in which case the catch history accrues to that beneficial holder; or

(c) the licensee is dead, in which case the catch history accrues to the executor or administrator of the deceased licensee's estate.

4.   Transfer of catch history for banded morwong

A catch history for banded morwong that accrues to the holder of a fishing licence (banded morwong) may be transferred to a purchaser of that licence if a written agreement to that effect, to the satisfaction of the Secretary, exists.

5.   Proof of catch history

(1) The Secretary may require a person claiming a catch history for southern calamari or banded morwong to verify that history in the form of documents such as receipts of sale.

(2) If the Secretary is not satisfied as to the matters specified in subclause (1) , any scalefish claimed as catch history are to be excluded from the catch history.

PART 3 - Fisheries (Scalefish) Rules 2004 Further Amended

46.   Principal Rules

In this Part, the Fisheries (Scalefish) Rules 2004 are referred to as the Principal Rules.

47.    Rule 23A inserted

After rule 23 of the Principal Rules , the following rule is inserted in Division 3:

23A.   Southern calamari

(1)  A person must not take, or be in possession of, southern calamari in south-east waters for commercial purposes unless the person is the holder of –

(a) a fishing licence (southern calamari); or

(b) a fishing licence (rock lobster); or

(c) a seine licence; or

(d) a Danish seine licence.

Penalty:  Grade 3 penalty.

(2)  However, subrule (1) does not apply to a person who possesses southern calamari in south-east waters if those calamari were taken under the authority of a Commonwealth authority.

(3)  The holder of a fishing licence (southern calamari) must not take, or have possession of, southern calamari for commercial purposes in State waters other than south-east waters when acting under the authority of that fishing licence or any other fishing licence that is specified on the same fishing certificate as the fishing licence (southern calamari).

Penalty:  Grade 3 penalty.

(4)  The holder of a fishing licence (personal) must not take, or have possession of, more than 10 southern calamari in south-east waters in a 24-hour period unless that licensee also holds a fishing licence (southern calamari), a fishing licence (rock lobster), a seine licence or a Danish seine licence.

Penalty:  Grade 3 penalty.

48.    Rules 58K , 58L , 58M , 58N and 58O inserted

After rule 58J of the Principal Rules , the following is inserted in Division 6:

58K.   Taking and possession of banded morwong in TAC area

(1)  The holder of a fishing licence (banded morwong) must not take, or be in possession of, banded morwong in the TAC area unless the number of banded morwong quota units that may be taken under the licence is specified in the licence.

Penalty:  Grade 2 penalty.

(2)  However, subrule (1) does not apply to banded morwong possessed in the TAC area if they were taken outside the TAC area and the licence holder, no earlier than 2 hours before entering the TAC area, made a transit report about the entry.

(3)  The holder of a fishing licence (banded morwong) must not, while fishing under the authority of that licence, engage in recreational fishing for banded morwong.

Penalty:  Grade 3 penalty.

58L.   Banded morwong quota unit balance not to be exceeded

(1)  The holder of a fishing licence (banded morwong) must not land banded morwong that have been taken or possessed by the licensee in the TAC area if the quantity of banded morwong landed exceeds the banded morwong quota unit balance for the licence.

Penalty:  In the case of –

(a) the relevant quota unit balance being exceeded by fewer than 400 banded morwong, Grade 2 penalty; or

(b) the relevant quota unit balance being exceeded by 400 or more banded morwong, Grade 3 penalty.

(2)  However, in determining whether the holder of the fishing licence (banded morwong) has committed an offence under subrule (1), banded morwong possessed by the licensee in the TAC area are to be disregarded if –

(a) those banded morwong were taken outside the TAC area; and

(b) the licensee made a transit report concerning the movement of those banded morwong no earlier than 2 hours before they entered the TAC.

(3)  If –

(a) the Minister is satisfied that the holder of a fishing licence (banded morwong) has committed an offence under subrule (1) but that the relevant quota unit balance has only been exceeded by fewer than 400 banded morwong; and

(b) the licensee pays or agrees to pay an administrative penalty to the Crown –

the Minister may accept such payment or agreement to pay and, if so, must waive or, if applicable, discontinue the proceedings for the offence.

(4)  If the whole or any part of an amount that a person has agreed to pay under subrule (3) is not paid by such date or within such period as that person and the Minister have agreed for the purpose, the unpaid amount may be recovered in a court of competent jurisdiction as a debt due to the Crown.

(5)  In this rule –

administrative penalty means –

(a) for 40 or fewer banded morwong, 1.5 times their market value; and

(b) for more than 40 but fewer than 400 banded morwong, 2 times their market value.

58M.   Records to be completed

The holder of a fishing licence (banded morwong) who lands banded morwong that have been taken or possessed in the TAC area must complete the approved records before the fish leave the landing area.

Penalty:  Grade 3 penalty.

58N.   Single area trips

The holder of a fishing licence (banded morwong) must not, during a fishing trip for commercial purposes, be in possession of banded morwong taken from the TAC area if the licensee is also in possession of banded morwong taken from waters other than the TAC area.

Penalty:  Grade 3 penalty.

58O.   Pre-fishing reports

The holder of a fishing licence (banded morwong) must not take, or be in possession of, banded morwong for commercial purposes in the TAC area unless the licensee, before entering the TAC area, makes a pre-fishing report.

Penalty:  Grade 3 penalty.

PART 4 - Penalty Provisions Amended

49.   Penalty provisions amended

(1)  Each of the Grade 1 penalty provisions of the Principal Rules that is specified in Schedule 1 is amended by omitting "Fine not exceeding the".

(2)  Each of the Grade 2 and Grade 3 penalty provisions of the Principal Rules that is specified in Schedule 2 is amended by omitting "Fine not exceeding the applicable".

SCHEDULE 1 - Grade 1 penalty provisions amended

Rule 49(1)

SCHEDULE 2 - Grade 2 and 3 penalty provisions amended

Rule 49(2)

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

Notified in the Gazette on 30 July 2008

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

EXPLANATORY NOTE

(This note is not part of the rule)

These rules amend the Fisheries (Scalefish) Rules 2004 so as to provide for –

(a) the management of the banded morwong fishery; and

(b) the management of the southern calamari fishery; and

(c) the updating, clarification and revision of certain provisions; and

(d) the inclusion of infringement notice offences and penalties consequent on their "transfer" from the Fisheries (Infringement Notices) Regulations 2001 .