Fisheries (Scalefish) Amendment Rules 2009
I make the following rules under the Living Marine Resources Management Act 1995 .
9 October 2009D. E. LLEWELLYN
Minister for Primary Industries and Water
These rules may be cited as the Fisheries (Scalefish) Amendment Rules 2009 .
These rules take effect on 1 November 2009.
In these rules, the Fisheries (Scalefish) Rules 2004 are referred to as the Principal Rules.
4. Rule 3 amended (Interpretation)
Rule 3 of the Principal Rules is amended as follows:(a) by inserting the following definition after the definition of board trawl net in subrule (1) :buoy means a buoy that complies with rule 84 ;(b) by omitting the definition of dropline from subrule (1) and substituting the following definition:dropline means a line that –(a) is set vertically; and(b) is weighted at one end, with the other end attached to a line or buoy; and(c) once set, is not attached to a person or vessel;(c) by omitting the definition of fishing buoy from subrule (1) ;(d) by inserting the following definition after the definition of gear licence in subrule (1) :giant crab has the same meaning as in the Fisheries (Giant Crab) Rules 2006 ;(e) by inserting ", except in rule 18(3)(a) ," after "includes" in the definition of holder of a licence in subrule (1) ;(f) by omitting the definition of longline from subrule (1) and substituting the following definitions:longline means a line that –(a) is set horizontally; and(b) is weighted and buoyed at both ends; and(c) once set is not attached to a person or a vessel;mackerel has the same meaning as in the Fisheries (Mackerel) Rules 2009 ;(g) by omitting the definition of mesh size from subrule (1) and substituting the following definition:mesh size, in relation to a net, means the average measurement of 10 adjoining meshes in the net, where the measurement of a mesh is the distance between the inside surface of diagonally opposite knots of the mesh, measured when –(a) the mesh is held taut; and(b) the other 2 diagonally opposite knots are touching each other;(h) by inserting the following definitions after the definition of mullet net in subrule (1) :non-commercial gillnet means a gillnet used for non-commercial fishing;non-commercial fishing means the part of the scalefish fishery comprising the following activities:(a) the taking or possessing of scalefish for recreational fishing;(b) the taking or possessing of scalefish by an Aborigine engaged in an Aboriginal activity;octopus pot means a pot that –(a) is used, or is capable of being used, for taking octopus; and(b) is not more than 5 litres in volume;(i) by omitting the definitions of recreational gillnet , recreational graball net and recreational mullet net from subrule (1) and substituting the following definition:recreational licence means a fishing licence specified in item 6 of the table in rule 10 ;(j) by inserting the following definitions after the definition of reporting service in subrule (1) :rock lobster pot has the same meaning as in the Fisheries (Rock Lobster) Rules 2006 ;rock lobster ring has the same meaning as in the Fisheries (Rock Lobster) Rules 2006 ;(k) by omitting the definition of set line from subrule (1) and substituting the following definition:set line means a dropline or a longline;(l) by inserting "of a type authorised by the Commonwealth" after "single-mesh net" in the definition of shark net in subrule (1) ;(m) by omitting the definition of trawl fishing licence from subrule (1) ;(n) by inserting the following subrule after subrule (3) :(4) For the purposes of rules 73AA and 73 , a gillnet is set once the entire headline length of the gillnet is placed in the water.
5. Rule 4 amended (Application of rules)
Rule 4 of the Principal Rules is amended as follows:(a) by inserting the following subrules after subrule (1) :(1A) A provision of these rules that relates to non-commercial fishing applies to all "waters relevant to the State", as defined in the Act.(1B) A reference to "State waters" in any provision of these rules that relates to non-commercial fishing is to be read as a reference to "waters relevant to the State", as defined in the Act.(b) by inserting in subrule (2)(c) "or a fishing licence (octopus)" after "lobster)".
6. Rule 5 amended (Duration of rules)
Rule 5 of the Principal Rules is amended by omitting "1 November 2009" and substituting "1 November 2014".
7. Rule 7 amended (Size limits of scalefish)
Rule 7 of the Principal Rules is amended by omitting "have" and substituting "be in".
8. 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 (octopus)
(b) by omitting item 6 from the table and substituting the following:
6.
class recreational
fishing licence (recreational beach seine net)
fishing licence (recreational graball net)
fishing licence (recreational mullet net)
fishing licence (recreational rock lobster pot)
fishing licence (recreational rock lobster ring)
fishing licence (recreational set line)
9. Rule 14 amended (Granting of certain licences)
Rule 14(1)(d) of the Principal Rules is amended by inserting ", except a fishing licence (octopus) granted to a person before 1 March 2010" after "species".
10. Rule 18 amended (Non-transferable fishing licence (class scalefish))
Rule 18 of the Principal Rules is amended as follows:(a) by omitting from subrule (1) "on the renewal of that licence";(b) by inserting the following subrule after subrule (2) :(3) A scalefish licence that is endorsed as a non-transferable fishing licence may only be used by –(a) the holder of the licence; or(b) a person who was a supervisor of the licence when it was endorsed as a non-transferable licence.
11. Rule 22 amended (Prohibition on commercial fishing)
Rule 22 of the Principal Rules is amended as follows:(a) by omitting from subrule (1)(b) "Channel." and substituting "Channel; or";(b) by inserting the following paragraph after paragraph (b) in subrule (1) :(c) Ansons Bay.(c) by omitting from subrule (2)(c) "Harbour." and substituting "Harbour;";(d) by inserting the following paragraph after paragraph (c) in subrule (2) :(d) Port Sorell.
12. Rule 23 amended (Marblefish)
Rule 23(1) of the Principal Rules is amended by omitting "have" and substituting "be in".
13. Rule 23A amended (Southern calamari)
Rule 23A of the Principal Rules is amended as follows:(a) by omitting from subrule (1)(b) "a fishing licence (rock lobster)" and substituting "a fishing licence (class scalefish)";(b) by omitting from subrule (3) "have" and substituting "be in";(c) by omitting from subrule (4) "have" and substituting "be in";(d) by omitting from subrule (4) "a fishing licence (rock lobster),".
14. Rule 25 amended (Wrasse)
Rule 25(2) of the Principal Rules is amended as follows:(a) by omitting "have" and substituting "be in";(b) by omitting from paragraph (b) "has" and substituting "is in".
15. Rule 26 amended (Use of fishing vessel for taking mackerel)
Rule 26 of the Principal Rules is amended as follows:(a) by omitting from subrule (1) "have" and substituting "be in";(b) by omitting from subrule (1) "small pelagic species" and substituting "mackerel";(c) by omitting from subrule (2)(a) "has a Commonwealth authority; or" and substituting "takes or is in possession of mackerel on a vessel that is more than 20 metres in length if the person is acting in accordance with a Commonwealth authority; or";(d) by omitting from subrule (2)(b) "has" and substituting "is in";(e) by omitting from subrule (2)(b) "small pelagics" and substituting "mackerel";(f) by omitting from subrule (2)(b) "." and substituting "; or";(g) by inserting the following paragraph after paragraph (b) in subrule (2) :(c) the holder of a mackerel fishing licence.
16. Rule 30 amended (Use of fishing gear)
Rule 30(2)(b) of the Principal Rules is amended by omitting "by recreational" and substituting "for non-commercial".
17. Rule 33 amended (Use of dinghies)
Rule 33 of the Principal Rules is amended by omitting subrules (2) and (3) .
18. Rule 34 amended (Use of shark nets)
Rule 34 of the Principal Rules is amended by omitting "have" and substituting "be in".
19. Rule 35 amended (Possessing graball net)
Rule 35 of the Principal Rules is amended by omitting "have" and substituting "be in".
20. Rule 37A amended (Carrying or using squid jigs at same time as seine net in south-east waters)
Rule 37A of the Principal Rules is amended as follows:(a) by omitting from subrule (1) "vessel" first occurring and substituting "fishing vessel";(b) by omitting from subrule (1) "vessel" second occurring and substituting "fishing vessel";(c) by omitting from subrule (2) "vessel" twice occurring and substituting "fishing vessel".
21. Rule 48 amended (Fishing licence (automatic squid jig))
Rule 48(1) of the Principal Rules is amended by omitting "arrow squid" and substituting "Gould's squid".
22. Rule 54 amended (Use and possession of trawl nets)
Rule 54(1) of the Principal Rules is amended as follows:(a) by omitting "have" and substituting "be in";(b) by omitting from paragraph (a) "trawl fishing licence" and substituting "fishing licence (class Danish seine)";(c) by omitting from paragraph (b) "has" and substituting "is in".
23. Rule 57 amended (Taking Australian salmon in certain waters)
Rule 57 of the Principal Rules is amended by omitting subrule (2) and substituting the following subrule:(2) The holder of a fishing licence (Australian salmon) must not, in any one day, take a total of 500 kilograms or more of Australian salmon when fishing under the authority of a fishing licence –(a) that permits the taking and possession of Australian salmon for commercial purposes; and(b) that is not a fishing licence (Australian salmon).Penalty: Grade 2 penalty.
24. Rule 58 amended (Fishing licences (Australian salmon) by-catch provisions)
Rule 58(2) of the Principal Rules is amended by inserting "common" after "taking".
25. Rule 58K amended (Taking and possessing banded morwong in TAC area)
Rule 58K(3) of the Principal Rules is amended by omitting "recreational" and substituting "non-commercial".
26. Rule 58L amended (Banded morwong quota unit balance not to be exceeded)
Rule 58L(2)(b) of the Principal Rules is amended by omitting "TAC." and substituting "TAC area.".
27. Part 4: Heading amended
Part 4 of the Principal Rules is amended by omitting "RECREATIONAL LICENCES" from the heading to that Part and substituting "NON-COMMERCIAL FISHING".
28. Part 4, Division 1: Heading amended
Division 1 of Part 4 of the Principal Rules is amended by omitting "Recreational fishing licences" from the heading to that Division and substituting "Non-commercial fishing gear".
29. Rule 59 substituted
Rule 59 of the Principal Rules is rescinded and the following rules are substituted:59. Use of nets or set lines for recreational fishing
(1) This rule does not apply to –(a) fishing for commercial purposes; or(b) an Aborigine engaged in an Aboriginal activity.(2) A person must not take scalefish using a beach seine net unless the person is the holder of a fishing licence (recreational beach seine net).Penalty: Grade 3 penalty.(3) A person must not take scalefish using a graball net unless the person is the holder of a fishing licence (recreational graball net).Penalty: Grade 3 penalty.(4) A person must not take scalefish using a mullet net unless the person is the holder of a fishing licence (recreational mullet net).Penalty: Grade 3 penalty.(5) A person must not take scalefish using a set line, unless the person is the holder of a fishing licence (recreational set line).Penalty: Grade 3 penalty.59A. Use of nets or set lines for non-commercial fishing
(1) The holder of a fishing licence (recreational beach seine net) or an Aborigine engaged in an Aboriginal activity may use one beach seine net no more than 50 metres in length to take scalefish for non-commercial fishing.(2) The holder of a fishing licence (recreational graball net) or an Aborigine engaged in an Aboriginal activity may use one graball net no more than 50 metres in length to take scalefish for non-commercial fishing.(3) The holder of a fishing licence (recreational mullet net) or an Aborigine engaged in an Aboriginal activity may use one mullet net no more than 25 metres in length and no more than 33 meshes in net depth to take scalefish for non-commercial fishing.(4) The holder of a fishing licence (recreational set line) or an Aborigine engaged in an Aboriginal activity may use one set line to take scalefish for non-commercial fishing.(5) The holder of a licence referred to in subrule (1) , (2) , (3) or (4) or an Aborigine engaged in an Aboriginal activity must not use more fishing gear than is authorised by that subrule or under that licence.Penalty: Grade 3 penalty.(6) The holder of a licence referred to in subrule (1) , (2) , (3) or (4) or an Aborigine engaged in an Aboriginal activity must not use fishing gear of a different length or net depth than is authorised by that subrule or under that licence.Penalty: Grade 3 penalty.(7) A person must not hold more than one of each of the following licences:(a) fishing licence (recreational beach seine net);(b) fishing licence (recreational graball net);(c) fishing licence (recreational mullet net);(d) fishing licence (recreational set line).Penalty: Grade 3 penalty.
30. Rule 60 amended (Identification of fishing gear used for non-commercial fishing)
Rule 60 of the Principal Rules is amended as follows:(a) by inserting in subrule (1) ", a fishing licence (recreational set line)" after "graball net)";(b) by omitting from subrule (2) "On being advised of the licence number allotted under subrule (1) , the holder of the fishing licence must" and substituting "A person who uses, for non-commercial fishing, a graball net, mullet net or set line must";(c) by omitting from subrule (2)(a) "mark that number legibly and clearly" and substituting "mark, legibly and clearly, the person's unique identifying code";(d) by omitting from subrule (2)(a)(i) "used under the licence" and substituting "or set line";(e) by omitting from subrule (2)(c) "to which the fishing licence relates" and substituting "or set line";(f) by omitting from subrule (2)(d) "number" and substituting "code";(g) by omitting from subrule (2)(e) "only one licence number" and substituting "the same code";(h) by inserting the following subrules after subrule (2) :(3) A person who uses, for non-commercial fishing, a combined set line must –(a) mark, clearly and legibly, the person's unique identifying code –(i) on at least one of the marker buoys required for the combined set line; and(ii) in figures not less than 70 millimetres high and 12 millimetres wide; and(b) ensure that, for each person who combines his or her set line into the combined set line, at least one marker buoy is attached to the combined set line displaying that person's unique identifying code; and(c) comply with the requirements of subrule (2)(b) , (c) and (d) as if the combined set line was an individual set line.Penalty: Grade 2 penalty.(4) In this rule –combined set line means a set line that has been combined, in accordance with rule 68(5) , with the set line or set lines of another person or persons;unique identifying code means –(a) for an Aborigine engaged in an Aboriginal activity, a unique code allotted to that person by the Office of Aboriginal Affairs or by other means approved by the Secretary; and(b) for a licence holder, the licence number allotted to that person under subrule (1) .
31. Rule 61 amended (Fishing gear tags used for recreational fishing)
Rule 61(1) of the Principal Rules is amended by inserting after paragraph (a) the following paragraph:(ab) a fishing licence (recreational set line);
32. Part 4, Division 2: Heading amended
Division 2 of Part 4 of the Principal Rules is amended by omitting "Recreational" from the heading to that Division and substituting "Non-commercial".
33. Rule 62 rescinded
Rule 62 of the Principal Rules is rescinded.
34. Rule 64 substituted
Rule 64 of the Principal Rules is rescinded and the following rule is substituted:64. Use of gillnets on vessels
(1) A person must not use a gillnet to take scalefish for non-commercial fishing unless the person is –(a) an Aborigine engaged in an Aboriginal activity; or(b) the holder of a fishing licence (recreational graball net); or(c) the holder of a fishing licence (recreational mullet net).Penalty: Grade 3 penalty.(2) A person authorised under subrule (1) to take scalefish using a gillnet must not take scalefish using, at any one time, more gillnets than –(a) one graball net; and(b) one mullet net.Penalty: Grade 1 penalty.(3) A person carrying non-commercial gillnets on a vessel must ensure that, at any one time, no more than 3 non-commercial gillnets are carried on the vessel.Penalty: Grade 1 penalty.
35. Rule 66 amended (Restrictions on use of fishing gear)
Rule 66 of the Principal Rules is amended as follows:(a) by omitting from subrule (1) "recreational" and substituting "non-commercial";(b) by omitting paragraph (b) from subrule (1) ;(c) by omitting subrules (2) and (3) .
36. Rules 67 and 68 substituted
Rules 67 and 68 of the Principal Rules are rescinded and the following rule is substituted:68. Use of set lines for non-commercial fishing
(1) A person must not use a set line to take scalefish for non-commercial fishing unless the person is –(a) the holder of a fishing licence (recreational set line); or(b) an Aborigine engaged in an Aboriginal activity.Penalty: Grade 3 penalty.(2) A person carrying set lines on a vessel must ensure that, at any one time, no more than 4 set lines for non-commercial fishing are carried on the vessel.Penalty: Grade 1 penalty.(3) A person must not take scalefish for non-commercial fishing using more than one set line.Penalty: Grade 1 penalty.(4) A person must not take scalefish for non-commercial fishing using a set line that has more than 30 hooks.Penalty: Grade 1 penalty.(5) A person must not combine one of their set lines with the set line of another person and set it in the water unless –(a) the set line is combined with the set line of no more than 3 other persons; and(b) the water depth is more than 150 metres; and(c) each of the other persons is the holder of a fishing licence (recreational set line) or an Aborigine engaged in an Aboriginal activity; and(d) each of the other persons is present on the vessel when the combined set line is set and retrieved; and(e) the total number of hooks on the combined set line is not more than 120; and(f) a marker buoy for the combined set line is attached and marked in accordance with rule 60(3) .Penalty: Grade 1 penalty.(6) A person who has combined set lines under subrule (5) must not set another set line.Penalty: Grade 1 penalty.(7) A person using a longline for non-commercial fishing must ensure that a marker buoy is attached to each end of the longline.Penalty: Grade 2 penalty.(8) A person using a dropline for non-commercial fishing must ensure that a marker buoy is attached to the upper end of the dropline.Penalty: Grade 2 penalty.(9) For the purposes of this rule (other than subrule (5)(f) ) a marker buoy means a buoy that is attached and marked in accordance with rule 60(2) and –(a) in the case of a buoy attached to a longline, with the letters "LL"; or(b) in the case of a buoy attached to a dropline, with the letters "DL".
37. Rule 69 substituted
Rule 69 of the Principal Rules is rescinded and the following rule is substituted:(1) This rule does not apply to a person who –(a) is the holder of a commercial fishing licence and is fishing under the authority of that licence; or(b) has a Commonwealth authority that authorises the possession of more of that species of scalefish than the limit specified in Schedule 4 and the person is fishing under that authority; or(c) has proof that the fish were purchased.(2) Subject to subrules (4) , (5) and (6) , a person must not take, or be in possession of, more of a species or type of scalefish than the possession limit specified in column 3 of Schedule 4 for that species or type of scalefish.Penalty: Grade 2 penalty.(3) For the purposes of subrule (2) , possession includes fish kept at the principal residence of a person.(4) A person in State waters must not take, or be in possession of, more striped trumpeter than the possession limit specified for striped trumpeter in column 4 of Schedule 4 .Penalty: Grade 2 penalty.(5) A person in State waters must not take, or be in possession of, more blue-eye trevalla than the possession limit specified for blue-eye trevalla in column 4 of Schedule 4 .Penalty: Grade 2 penalty.(6) A person in south east waters, must not take, or be in possession of, more southern calamari than the possession limit specified for southern calamari in column 4 of Schedule 4 .Penalty: Grade 2 penalty.(7) For the purposes of this rule, 2 fillets of fish are equivalent to one fish.
38. Part 5 substituted
Part 5 of the Principal Rules is rescinded and the following Parts are substituted:PART 5 - Taking and possessing shark70. Taking or possessing shark
(1) A person, while on a fishing vessel in State waters, must not take, or be in possession of, more than 5 sharks (other than elephantfish) unless the person is the holder of an appropriate authority and is fishing under that authority.Penalty: Grade 3 penalty.(2) The holder of a scalefish licence must not, in State waters –(a) take more than 100 kilograms of elephantfish in any one day; or(b) be in possession of more than 100 kilograms of elephantfish at any one time.Penalty: Grade 3 penalty.(3) In this rule –shark includes a shark carcass.71. Taking shark in shark refuge area
(1) A person must not take a shark (other than an elephantfish) in a shark refuge area.Penalty: Grade 3 penalty.(2) The holder of a scalefish licence must not, in any one day, take more than 5 elephantfish in a shark refuge area.Penalty: Grade 3 penalty.(1) Except as provided by subrule (2) , a person must not, in State waters, be in possession of a shark if the dorsal, pectoral and caudal fins of the shark are not attached to its body.Penalty: Grade 2 penalty.(2) A person may, in State waters, remove part of a caudal fin from a shark if it is removed at –(a) the sub-terminal notch; or(b) the tip of the tail.(3) A person must not, in State waters, be in possession of shark fins without the trunks or bodies from which they came.Penalty: Grade 3 penalty.PART 5A - Octopus72A. Taking and possessing octopus
(1) A person must not, in State waters –unless the person is the holder of a fishing licence (octopus).(a) take more than 100 kilograms of octopus in any one day; or(b) be in possession of more than 100 kilograms of octopus at any one time –Penalty: Grade 2 penalty.(2) A person must not, in any one day, take more than 5 octopuses in the waters of Eaglehawk Bay, east of the line of longitude through Manson Point, unless the person is the holder of a fishing licence (personal).Penalty: Grade 2 penalty.(3) A person must not, at any one time, be in possession of more than 5 octopuses in –unless the person is the holder of a fishing licence (personal).(a) the waters of Eaglehawk Bay, east of the line of longitude through Manson Point; or(b) any land that is within 200 metres of the high-water mark of the waters of Eaglehawk Bay, east of the line of longitude through Manson Point –Penalty: Grade 2 penalty.72B. Authority of fishing licence (octopus)
(1) A fishing licence (octopus) authorises its holder to take octopus of the following species:(a) Octopus pallidus;(b) Octopus tetricus;(c) Octopus maorum.(2) A fishing licence (octopus) authorises its holder to take octopus in the north-east octopus zone and north-west octopus zone.(3) Unless otherwise authorised by the Secretary, the holder of a fishing licence (octopus) must not use more than 10 000 octopus pots.Penalty: Grade 3 penalty.(4) The Secretary may, in writing, authorise the holder of a fishing licence (octopus) to use, for the purposes of scientific research, octopus pots additional to the number permitted under subrule (3) .(5) An authorisation under subrule (4) may be granted on such conditions as the Secretary considers appropriate.(6) The holder of a fishing licence (octopus) must, if granted an authorisation under subrule (4) , comply with the conditions of the authorisation.Penalty: Grade 1 penalty.(7) In this rule –north-east octopus zone means all State waters east of the line of longitude 147º East and north of the line of latitude 41º South;north-west octopus zone means all State waters west of the line of longitude 147º East and north of the line of latitude 41º South.72C. Setting or hauling octopus pots in respect of other licences
Unless otherwise authorised by the Secretary, the holder of a fishing licence (octopus) must not set or haul octopus pots in respect of another fishing licence (octopus).Penalty: Grade 2 penalty.(1) Unless otherwise authorised by the Secretary, the holder of a fishing licence (octopus) must not use an octopus pot that is baited.Penalty: Grade 1 penalty.(2) Unless otherwise authorised by the Secretary, the holder of a fishing licence (octopus) must not use an octopus pot with a door.Penalty: Grade 1 penalty.(3) The holder of a fishing licence (octopus) must not use more than 1 000 octopus pots per line.Penalty: Grade 2 penalty.(4) Unless otherwise authorised by the Secretary, the holder of a fishing licence (octopus) must not use an octopus pot to take fish of any species or type other than octopus.Penalty: Grade 2 penalty.(5) In this rule –door, in respect of an octopus pot, means a flap or other device that would restrict an octopus from escaping from the octopus pot.The holder of a fishing licence (octopus) must not set an octopus pot unless –(a) the octopus pot is attached to a longline; and(b) each end of the longline is marked with a surface marker buoy; and(c) each of the surface marker buoys is clearly and legibly marked with –(i) the distinguishing mark of the fishing vessel for which the octopus pot is used; and(ii) the letters "OP".Penalty: Grade 1 penalty.The holder of a fishing licence (octopus) must not use an octopus pot in, or take an octopus from –(a) the waters in the north-west region specified in Part 1 of Schedule 5 ; or(b) the waters in the north-east region specified in Part 2 of Schedule 5 ; or(c) a shark refuge area.Penalty: Grade 3 penalty.72G. Grant of fishing licence (octopus)
Schedule 13 has effect with respect to the granting of a fishing licence (octopus).
39. Part 6: Heading amended
Part 6 of the Principal Rules is amended by omitting "USE OF COMMERCIAL AND RECREATIONAL FISHING GEAR" from the heading to that Part and substituting "USE OF COMMERCIAL AND NON-COMMERCIAL FISHING GEAR".
40. Rule 73AA inserted
Before rule 73 of the Principal Rules , the following rule is inserted in Part 6:73AA. Setting of gillnets generally
(1) A person must not, in State waters other than a shark refuge area, set or leave a gillnet for a continuous period of more than 6 hours.Penalty: Grade 2 penalty.(2) A person must not, in a shark refuge area, set or leave –(a) a non-commercial gillnet for a continuous period of more than 2 hours; or(b) a commercial gillnet for a continuous period of more than 6 hours.Penalty: Grade 2 penalty.(3) Subrules (1) and (2) do not apply to a person who sets or leaves a gillnet in accordance with rule 73(3)(a) , (b) , (c) or (d) .
41. Rule 73 substituted
Rule 73 of the Principal Rules is rescinded and the following rule is substituted:73. Setting of gillnets during night
(1) This rule does not apply to gillnets that are shark nets.(2) A person must not set or leave a gillnet in State waters between –(a) one hour after sunset; and(b) one hour before sunrise.Penalty: Grade 2 penalty.(3) Subrule (2) does not apply to –(a) the setting or leaving of a commercial gillnet in the waters of Macquarie Harbour; or(b) the setting or leaving of a non-commercial gillnet, marked with a buoy in accordance with subrule (4) , in the waters of Macquarie Harbour; or(c) the holder of a fishing licence (personal) that is endorsed to permit the setting of unattended graball nets or small-mesh gillnets in the waters of the north coast of Tasmania bounded –(i) in the west by a line of latitude through Cape Grim; and(ii) in the east by a line of latitude through Cape Naturaliste; or(d) the setting or leaving of a commercial gillnet as authorised under a scalefish licence if the nets are attended by the holder of the scalefish licence.(4) For the purposes of subrule (3)(b) , the non-commercial gillnet must be marked with a buoy that –(a) is spherical in shape; and(b) is red; and(c) has a diameter of 90 millimetres or more at its narrowest point; and(d) floats on the surface of the water.Penalty: Grade 2 penalty.(5) A non-commercial gillnet that is marked with a buoy in accordance with subrule (4) must not be set or left in the waters of Macquarie Harbour between –(a) 2 hours after sunrise; and(b) 2 hours before sunset.Penalty: Grade 2 penalty.
42. Rule 74 rescinded
Rule 74 of the Principal Rules is rescinded.
43. Rule 75 amended (Fish caught in rock lobster pot, rock lobster ring or giant crab trap)
Rule 75 of the Principal Rules is amended as follows:(a) by omitting "have" and substituting "be in";(b) by inserting "rock lobster ring," after "in a";(c) by omitting from paragraph (c) "." and substituting "; or";(d) by inserting the following paragraph after paragraph (c) :(d) a fishing licence (recreational rock lobster ring).
44. Rule 78 amended (Automatic hook-baiting and hook-setting gear)
Rule 78(3) of the Principal Rules is amended as follows:(a) by omitting "have" and substituting "be in";(b) by inserting in paragraph (a) "and is fishing under that authority" after "gear".
45. Rule 79 amended (Fish traps)
Rule 79 of the Principal Rules is amended by omitting "have" and substituting "be in".
46. Rule 80 amended (Fish nets)
Rule 80(1) of the Principal Rules is amended by omitting "have" and substituting "be in".
47. Rule 82 amended (Marking buoys used on commercial gillnets)
Rule 82 of the Principal Rules is amended as follows:(a) by omitting the penalty from subrule (1) and substituting the following penalty:Penalty: Grade 2 penalty.(b) by omitting the penalty from subrule (2) and substituting the following penalty:Penalty: Grade 2 penalty.(c) by omitting from subrule (3)(b)(iii) "fishing".
48. Rule 83 amended (Marking buoys used on non-commercial gillnets)
Rule 83 of the Principal Rules is amended by omitting "recreational gillnet" and substituting "non-commercial gillnet".
49. Rule 84 amended (Nature of buoys)
Rule 84 of the Principal Rules is amended by omitting subrule (2) and substituting the following subrule:(2) Subrule (1) does not apply to –(a) the holder of a fishing licence (banded morwong); or(b) a buoy that is used for marking a non-commercial gillnet for the purposes of rule 73(3)(b) .
50. Rule 85 amended (Prohibited use of set lines)
Rule 85 of the Principal Rules is amended by omitting "dropline, longline or".
51. Rule 93A inserted
After rule 93 of the Principal Rules , the following rule is inserted in Division 4:93A. Taking certain fish with spears
A person must not, in State waters, use a spear to take bream or boarfish.Penalty: Grade 2 penalty.
52. Rule 94 amended (Limits on taking or possessing certain scalefish)
Rule 94 of the Principal Rules is amended as follows:(a) by omitting from subrule (1)(a) "have" and substituting "be in";(b) by omitting from subrule (1)(b) "have" and substituting "be in";(c) by omitting from subrule (1)(c) "have" and substituting "be in";(d) by omitting from subrule (1)(c)(ii) "flathead, deepwater" and substituting "deepwater flathead";(e) by omitting from subrule (1)(c)(iv) "oreo" and substituting "oreodory";(f) by omitting from subrule (1)(c)(v) "oreo" and substituting "oreodory";(g) by omitting from subrule (1)(c)(vi) "oreo" and substituting "oreodory";(h) by omitting from subrule (1)(c)(vii) "oreo" and substituting "oreodory";(i) by omitting from subrule (1)(c)(viii) "oreo" and substituting "oreodory";(j) by omitting from subrule (1)(c)(ix) "nannygai" and substituting "redfish";(k) by inserting in subrule (3) "when operating under the authority of that licence" after "lobster)";(l) by omitting from subrule (4)(a) "have" and substituting "be in";(m) by inserting in subrule (4)(a)(iii) "pink" after "of";(n) by inserting the following subparagraph after subparagraph (iv) in subrule (4)(a) :(iva) 50 kilograms of inshore crab;(o) by omitting subparagraph (viii) from subrule (4)(a) and substituting the following subparagraph:(viii) 15 fish of southern calamari;(p) by inserting in subrule (4)(a)(ix) "blue" after "of";(q) by omitting from subrule (4)(b) "have" and substituting "be in";(r) by omitting from subrule (4)(b)(vii) "nannygai" and substituting "redfish";(s) by omitting from subrule (5) "have" and substituting "be in";(t) by omitting from subrule (6) "have" and substituting "be in";(u) by inserting the following subrule after subrule (6) :(7) The holder of a fishing licence (personal) must not, in State waters –(a) take more than 200 kilograms of bastard trumpeter in any one day; or(b) be in possession of more than 200 kilograms of bastard trumpeter at any one time.Penalty: Grade 2 penalty.
53. Rule 95 amended (Limits on possessing boarfish)
Rule 95 of the Principal Rules is amended by omitting "have" and substituting "be in".
54. Rule 95A inserted
After rule 95 of the Principal Rules , the following rule is inserted in Part 9:95A. Limits on taking and possessing inshore crab
The holder of a fishing licence (scalefish A), fishing licence (scalefish B) or fishing licence (scalefish C) must not, in State waters –(a) take more than 25 inshore crabs in any one day; or(b) be in possession of more than 25 inshore crabs at any one time.Penalty: Grade 2 penalty.
55. Rule 96 amended (Limits on holder of appropriate authority)
Rule 96 of the Principal Rules is amended as follows:(a) by omitting from subrule (1) "has" and substituting "is in";(b) by omitting from subrule (1) "have" and substituting "be in";(c) by omitting from subrule (1)(c)(iii) "red snapper" and substituting "bight redfish";(d) by omitting from subrule (2) "has" and substituting "is in";(e) by omitting from subrule (2) "have" and substituting "be in";(f) by omitting from subrule (2)(i) "fish";(g) by omitting from subrule (2)(n) "pilchard" and substituting "Australian sardine";(h) by omitting paragraph (r) from subrule (2) and substituting the following paragraph:(r) Australian sprat;
56. Rule 97 amended (Limits on holder of appropriate authority and scalefish licence)
Rule 97 of the Principal Rules is amended as follows:(a) by omitting from subrule (1) "has" twice occurring and substituting "is in";(b) by omitting from subrule (1)(a) "have" and substituting "be in";(c) by omitting from subrule (1)(b) "have" and substituting "be in";(d) by omitting from subrule (1)(c) "have" and substituting "be in";(e) by omitting from subrule (1)(c)(iii) "red snapper" and substituting "bight redfish";(f) by omitting from subrule (2) "has" twice occurring and substituting "is in";(g) by omitting from subrule (2) "have" and substituting "be in";(h) by omitting from subrule (2)(i) "fish";(i) by omitting from subrule (2)(n) "pilchard" and substituting "Australian sardine";(j) by omitting paragraph (r) from subrule (2) and substituting the following paragraph:(r) Australian sprat;
57. Rule 99 amended (Limits on taking and possessing squid)
Rule 99(1) of the Principal Rules is amended as follows:(a) by omitting "have" and substituting "be in";(b) by omitting "arrow squid" and substituting "Gould's squid".
58. Rule 100 amended (Limits on possessing certain scalefish)
Rule 100 of the Principal Rules is amended by omitting "have" and substituting "be in".
59. Rule 100A inserted
Before rule 101 of the Principal Rules , the following rule is inserted in Part 10:100A. Protection of female breeding stock for inshore crab
A person must not –(a) take, be in possession of, buy or sell inshore crab that has any spawn or eggs attached to it; or(b) remove any spawn or eggs from an inshore crab; or(c) be in possession of an inshore crab from which any spawn or eggs have been removed.Penalty: Grade 3 penalty.
60. Rule 101 amended (Use of scalefish species as bait)
Rule 101 of the Principal Rules is amended by inserting ", rock lobster rings" after "traps".
61. Rule 101A inserted
After rule 101 of the Principal Rules , the following rule is inserted in Part 10:101A. Landing striped trumpeter
A person, in State waters, must not land a fillet of striped trumpeter without landing its frame, including its head and tail, at the same time.Penalty: Grade 2 penalty.
62. Schedule 1 amended (Fish Species and Interpretation)
Schedule 1 to the Principal Rules is amended as follows:(a) by omitting the following item
"arrow squid"
means squid of the species Notodaris gouldi
(b) by omittingand substituting the following item:
"bait fish"
means anchovy, pilchard, sprat, blue sprat and hardyhead
"Australian sardine"
means fish of the species Sardinops neopilchardus
"Australian sprat"
means fish of the species Sprattus novaehollandiae
(c) by inserting afterthe following item:
"blue sprat"
means fish of the species Spratelloides robustus
"blue warehou"
means fish of the species Seriolella brama
(d) by omittingand substituting the following item:
"elephant fish"
means fish of the species Callorchynchus millii
"common jack mackerel"
means fish of the species Trachurus declivis
"elephantfish"
means fish of the species Callorhinchus milii
(e) by inserting afterthe following item:
"garfish"
means fish of the family Hemiramphidae
"Gould's squid"
means squid of the species Nototodarus gouldi
(f) by omittingand substituting the following item:
"jack mackerel"
means fish of the species Trachurus declivis
"inshore crab"
means crab of the species Nectocarcinus tuberculosus (velvet crab) and Plagusia chabrus (red bait crab)
(g) by omittingand substituting the following items:
"king garfish
means fish of the species Scomberesox forsteri
"leatherjacket"
means fish of the family Monocanthidae
"long-snouted boarfish"
means fish of the species Pentaceropsis recurvirostris
"king gar"
means fish of the species Scomberesox saurus
"leatherjacket"
means fish of the family Monacanthidae
"longsnout boarfish"
means fish of the species Pentaceropsis recurvirostris
"mackerel"
means fish of any of the following species:
(a) Scomber australasicus (commonly known as blue mackerel);
(b) Trachurus declivis (commonly known as common jack mackerel);
(c) Trachurus murphyi (commonly known as Peruvian jack mackerel);
(d) Emmelichthys nitidus (commonly known as redbait);
(e) Trachurus novaezelandiae (commonly known as yellowtail scad)
(h) by omittingand substituting the following items:
"pelagic shark"
means sharks of the species Isurus oxyrinchus and Prionace glauca, also known as mako and blue shark, respectively
"pilchard"
means fish of the species Sardinops neopilchardus
"octopus"
means fish of the genus Octopus
"pelagic shark"
means sharks of the species Isurus oxyrinchus and Prionace glauca, also known as shortfin mako and blue shark, respectively
(i) by omittingand substituting the following items:
"scalefish"
means the following fish:
(a) fish of the superclass Agnatha;
(b) fish of the order Amphioxiformes;
(c) fish of the superclass Pisces;
(d) fish of the superclass Tetrabranchiata;
(e) molluscs of the orders Sepioidea and Teuthoidea;
(f) crustaceans of the suborder Nantantia
"scalefish"
means the following fish:
(a) fish of the superclass Agnatha;
(b) fish of the order Amphioxiformes;
(c) fish of the superclass Pisces;
(d) fish of the superclass Tetrabranchiata;
(e) molluscs of the orders Sepioidea, Teuthoidea and Octopoda;
(f) crustaceans of the suborder Nantantia and species of crab Nectocarcinus tuberculosus and Plagusia chabrus
(j) by omitting the following items
"small pelagic species"
means fish of any of the following species:
(a) Scomber australasicus (commonly known as blue mackerel);
(b) Trachurus declivis (commonly known as common jack mackerel);
(c) Trachurus murphyi (commonly known as Peruvian jack mackerel);
(d) Emmelichthys nitidus (commonly known as redbait);
(e) Trachurus novaezelandiae (commonly known as yellowtail mackerel)
(k) by omitting the following item
"sprat"
means fish of the species Sprattus novaehollandiae
(l) by omitting the following item
"warehou"
means fish of the species Seriolella brama
63. Schedule 2 amended (Areas and Interpretation)
Schedule 2 to the Principal Rules is amended by inserting afterthe following item:
Area
Definition
"Ansons Bay"
means the State waters enclosed west of an imaginary straight line extending from the southern tip of Abottsbury Point to Police Point in the north-east of the State
64. Schedule 3 amended (Size limits)
Schedule 3 to the Principal Rules is amended as follows:(a) by omitting the heading and substituting the following heading:Size Limits(b) by omitting item 3 and substituting the following:
3.
Bastard trumpeter
380
-
3A.
Blue warehou
250
-
(c) by omitting "Long-snouted" from column 2 of item 10 in the table and substituting "Longsnout";(d) by inserting after item 13 the following:
13A.
Snapper
300
-
(e) by omitting item 14 and substituting the following:
14.
Striped trumpeter
500
-
(f) by omitting item 15 .
65. Schedule 4 substituted
Schedule 4 to the Principal Rules is rescinded and the following Schedule is substituted:SCHEDULE 4 - Possession and Boat Limits
Column 1
Column 2
Column 3
Column 4
Column 5
Species or type of fish
Possession limit generally (per person)
Possession limit in certain waters (per person)
Boat limit
1.
Albacore tuna
10 fish
-
-
2.
All shark species (except school shark, gummy shark and elephantfish) – combined total
2 fish
-
-
3.
All shark species (including school shark and gummy shark) except elephantfish – combined total per boat
-
-
5 fish
4.
Australian salmon
15 fish
-
-
5.
Bait species – anchovy, Australian sardine, Australian sprat, blue sprat and hardyhead – combined total
5 kg
-
-
6.
Banded morwong
2 fish
-
-
7.
Bastard trumpeter
10 fish
-
-
8.
Blue mackerel
30 fish
-
-
9.
Blue warehou
20 fish
-
-
10.
Blue-eye trevalla
8 fish
5 fish
-
11.
Boarfish species – combined total
2 fish
-
-
12.
Bream
10 fish
-
-
13.
Cod (family Maridoe) – combined total
30 fish
-
-
14.
Common jack mackerel
30 fish
-
-
15.
Elephantfish
2 fish
-
-
16.
Flathead
30 fish
-
-
17.
Flounder
30 fish
-
-
18.
Garfish
30 fish
-
-
19.
Gould's squid
15 fish
-
-
20.
Inshore crab
15 fish
-
-
21.
Leatherjacket
15 fish
-
-
22.
Mullet
15 fish
-
-
23.
Prawns (family Penaeidae) – combined total
2 kg
-
-
24.
Redbait
30 fish
-
-
25.
School shark and gummy shark – combined total
2 fish
-
-
26.
Snapper
5 fish
-
-
27.
Southern calamari
15 fish
10 fish
-
28.
Striped trumpeter
8 fish
4 fish
-
29.
Tuna – southern bluefin, yellowfin, bigeye tuna – combined total
2 fish
-
-
30.
Whiting (family Sillaginide) – combined total
30 fish
-
-
31.
Wrasse
10 fish
-
-
32.
Yellowtail kingfish
5 fish
-
-
33.
Any other scalefish species
15 fish per species
-
-
66. Schedule 5 amended (Regions)
Part 2 of Schedule 5 to the Principal Rules is amended as follows:(a) by omitting item 1 and substituting the following:
1AA.
Ansons Bay, means the State waters that are enclosed west of an imaginary straight line extending from the southern tip of Abottsbury Point to Police Point in the north-east of the State
1.
Boobyalla Inlet, upstream from an imaginary straight line from Campbells Point east to the opposite shore on the Tasmanian mainland
(b) by inserting after item 3 the following:
3A.
Doctors Creek, north of the Douglas River and Bicheno
(c) by omitting item 14 .
67. Schedule 6 amended (Persons permitted to use gillnet net in shark refuge areas)
Schedule 6 to the Principal Rules is amended as follows:(a) by omitting from the heading "GILLNET NET" and substituting "GILLNET";(b) by inserting ", fishing licence (vessel) and gear licence" after "(personal)" in column 2 of item 1 in the table .
68. Schedule 7 amended (Conversion Rates for Whole Fish)
Schedule 7 to the Principal Rules is amended as follows:(a) by omitting the following item
Ling
1.1
1.5
2.1
(b) by inserting afterthe following item:
Orange roughy
1.1
2
4
Pink ling
1.1
1.5
2.1
69. Schedule 9 amended (Infringement Notice Offences and Penalties)
Schedule 9 to the Principal Rules is amended as follows:(a) by omittingfrom the column headings and substituting the following item:
Column 1
Column 2
Column 3
Column 1
Column 2
Column 3
Column 4
(b) by inserting after item 5 the following:
5A.
23A(1)
Taking or possessing southern calamari in south east waters for commercial purposes if not holder of prescribed licence
2
5B.
23A(4)
Holder of fishing licence (personal) taking or possessing more than 10 southern calamari in south east waters in 24-hour period if not holder of prescribed licence
3
(c) by omitting item 17 ;(d) by omitting "vessel while carrying and using" from column 3 of item 23 in the table and substituting "fishing vessel while carrying";(e) by omitting "vessel while carrying and using" from column 3 of item 24 in the table and substituting "fishing vessel while using";(f) by omitting "vessel" from column 3 of item 25 in the table and substituting "fishing vessel";(g) by omitting items 42 , 43 and 44 and substituting the following:
41A.
58O
Holder of fishing licence (banded morwong) taking or possessing banded morwong for commercial purposes without making pre-fishing report before entering TAC area
1
42.
59(2)
Taking scalefish for non-commercial fishing using beach seine net without licence
2
42A.
59(3)
Taking scalefish for non-commercial fishing using graball net without licence
2
42B.
59(4)
Taking scalefish for non-commercial fishing using mullet net without licence
2
42C.
59(5)
Taking scalefish for non-commercial fishing using set line without licence
2
42D.
59A(5)
Using more fishing gear than authorised
2
43.
59A(7)
Holding more than one of each prescribed licence
2
44.
60(2)
Failing to mark and attach buoy as required to net or set line
1
44A.
60(3)
Failing to mark and attach buoy as required to combined set line
1
(h) by omitting items 47 , 48 and 49 ;(i) by omitting item 51 and substituting the following:
51.
64(1)
Using a gillnet to take scalefish for non-commercial fishing unless authorised
2
51A.
64(2)
Using, at any one time, more gillnets than 1 graball net and 1 mullet net to take scalefish for non-commercial fishing
1
51B.
64(3)
Carrying more than 3 non-commercial gillnets on vessel at any one time
1
(j) by omitting items 54 , 55 , 56 , 57 , 58 , 59 , 60 , 61 , 62 and 63 and substituting the following:
54.
66
Taking scalefish for non-commercial fishing using other than specified fishing gear
2
55.
68(1)
Using set line to take scalefish for non-commercial fishing if not holder of prescribed licence or Aborigine engaged in Aboriginal activity
2
55A.
68(2)
Carrying more than 4 set lines on vessel at any one time
1
55B.
68(3)
Taking scalefish for non-commercial fishing using more than one set line at any one time
1
55C.
68(4)
Using a set line with more than 30 hooks for non-commercial fishing
1
55D.
68(5)
Combining set line with another set line other than as prescribed
2
55E.
68(6)
Combining more set lines than prescribed
2
56.
68(7)
Using longline for non-commercial fishing without marker buoy attached to each end
1
57.
68(8)
Using dropline for non-commercial fishing without marker buoy attached to upper end
1
58.
69(2)
Taking or possessing more than specified possession limit of scalefish without commercial fishing licence, Commonwealth authority or proof of purchase
1
58A.
69(4)
Taking or possessing more than specified possession limit of striped trumpeter in State waters
1
58B.
69(5)
Taking or possessing more than specified possession limit of blue-eye trevalla in State waters
1
58C.
69(6)
Taking or possessing more than specified possession limit of southern calamari in south east waters
1
58D.
69A
Possessing or having on board a vessel certain scalefish in excess of prescribed boat limit
2
59.
70(1)
Person on fishing vessel in State waters taking or possessing more than 5 sharks (other than elephantfish) without appropriate authority
3
59A.
70(2)
Taking or possessing more than 100 kilograms of elephantfish in State waters
2
60.
71
Taking shark (other than elephantfish) in shark refuge area
3
60A.
71(2)
Taking more than 5 elephantfish in any one day in shark refuge area
3
60B.
72(1)
Possessing shark without dorsal, pectoral and caudal fins attached
1
61.
72(3)
Possessing shark fins without trunk or body of shark from which they came
2
61A.
72A(1)
Taking or possessing more than 100 kilograms of octopus in State waters
2
61B.
72A(2)
Taking or possessing more than 5 octopuses in specified waters in any one day unless holder of fishing licence (personal)
2
61C.
72B(6)
Failing to comply with condition imposed by Secretary
1
61D.
72E
Contravening provisions of rule concerning the setting of octopus pot
1
61E.
73AA(1)
Setting or leaving gillnet in State waters other than shark refuge area for more than 6 continuous hours
2
61F.
73AA(2)(a)
Setting or leaving non-commercial gillnet in shark refuge area for more than 2 continuous hours
2
61G.
73AA(2)(b)
Setting or leaving commercial gillnet in shark refuge area for more than 6 continuous hours
2
62.
73(2)
Setting or leaving gillnet in State waters between one hour after sunset and one hour before sunrise except in prescribed circumstances
2
62A.
73(4)
Incorrect marking of non-commercial gillnet set or left in Macquarie Harbour at night
2
62B.
73(5)
Setting or leaving non-commercial gillnet marked for night use in Macquarie Harbour outside prescribed times
2
(k) by omitting items 75 , 76 and 77 and substituting the following:
75.
83(a)
Failing to ensure non-commercial gillnet is marked with 2 white buoys
1
76.
83(b)
Failing to ensure non-commercial gillnet is correctly set
1
77.
85
Setting or using set line in prohibited waters or shark refuge area
2
(l) by inserting after item 91 the following:
91A.
93A
Using spear to take bream or boarfish
1
(m) by inserting after item 100 the following:
100A.
94(7)
Holder of fishing licence (personal) taking or possessing more than 200kg of bastard trumpeter
1
(n) by omitting "arrow squid" from column 3 of item 106 in the table and substituting "Gould's squid";(o) by inserting ", rock lobster rings" after "traps" in column 3 of item 107 in the table ;(p) by inserting after item 107 the following:
107A.
101A
Landing a fillet of a striped trumpeter without landing its frame (including head and tail) at same time
1
70. Schedule 13 inserted
After Schedule 12 to the Principal Rules , the following Schedule is inserted:SCHEDULE 13 - Grant of Fishing Licence (Octopus)1. Eligibility for fishing licence (octopus)(1) An application for the grant of a fishing licence (octopus) is to be lodged with the Secretary on or before 20 November 2009.(2) The Minister is not to grant a fishing licence (octopus) to a person unless the person held permits, that authorised the taking of octopus using octopus pots, in the years 2003, 2004, 2005, 2006 and 2007.(3) The Minister may grant up to 2 fishing licences (octopus) to a person if, in the years referred to in subclause (2) , the person held permits that authorised the taking of octopus using more than one fishing vessel.
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 14 October 2009
These rules are administered in the Department of Primary Industries, Parks, Water and Environment.
EXPLANATORY NOTE
(This note is not part of the rule)
These rules amend the Fisheries (Scalefish) Rules 2004 by –(a) extending their operation until 1 November 2014; and(b) revising certain provisions relating to the taking and possession of certain fish, including octopus and shark; and(c) providing in certain circumstances for non-commercial fishing by Aborigines without the need for a recreational fishing licence; and(d) effecting minor statute law revision.