Inland Fisheries (Commercial Nets and Fees) Regulations 2009

Inland Fisheries (Commercial Nets and Fees) Regulations 2009

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Inland Fisheries Act 1995 .

PETER G. UNDERWOOD

Governor

By His Excellency's Command,

D. E. LLEWELLYN

Minister for Primary Industries and Water

1.   Short title

These regulations may be cited as the Inland Fisheries (Commercial Nets and Fees) Regulations 2009 .

2.   Commencement

These regulations take effect on 22 December 2009.

3.   Interpretation

In these regulations, unless the contrary intention appears –

Act means the Inland Fisheries Act 1995 ;

bank, in relation to inland waters, includes –

(a) land within 100 metres of the bank of a river; and

(b) land within 100 metres of the edge or high-water mark of the inland waters;

fyke net means a net –

(a) that does not exceed 670 millimetres in opening height; and

(b) that does not exceed 670 millimetres in width; and

(c) that has mesh of not less than 15 millimetres and not more than 39 millimetres; and

(d) any wing or leader of which does not exceed 10 metres in length and does not exceed 1 200 millimetres in drop;

mesh has the meaning given by regulation 4 ;

possession includes control for the use or benefit of any person, whether or not that person has actual possession or custody.

4.   Meaning and measurement of mesh

(1)  Mesh is one of the spaces bounded by the threads of a net.

(2)  Mesh is measured by being stretched diagonally, the average length of 10 adjoining meshes being taken when the diagonally opposite knots touch each other while the mesh is held taut.

5.   Use of nets limited

(1)  A person who is on the bank of any inland waters or in or on a boat on any inland waters must not –

(a) use a net of any description to take fish for commercial purposes; or

(b) have possession of a net for the purpose of taking fish for commercial purposes.

Penalty:  Fine of not less than 3 penalty units and not more than 10 penalty units.

(2)  Subregulation (1) does not apply to –

(a) a net used only in a tidal river (other than the Ansons River, Scamander River or Swan River) by a person –

(i) on a fishing boat to which a fishing licence (vessel) under the Fisheries Rules 2009 relates; or

(ii) on any other boat or ship in transit to or from any waters beyond the seaward limits of a river; or

(iii) in accordance with a permit issued under the Act; or

(b) the holder of a commercial freshwater fishing licence using a fyke net or any other net in accordance with the licence.

(3)  An infringement notice may be issued in respect of an offence under subregulation (1) and the penalty to be imposed by the infringement notice is 2 penalty units.

6.   Offence to have fish taken by unlicensed person

The holder of a commercial freshwater fishing licence must not –

(a) at any inland waters, receive or hide any fish caught by a person who is not the holder of a licence; or

(b) falsely represent that any fish have been caught by the holder of a licence.

Penalty:  Fine of not less than 1 penalty unit and not more than 5 penalty units and a special penalty of 1 penalty unit for each fish.

7.   Fees

The fees specified in Schedule 1 are prescribed in respect of licences, permits, registrations and registers issued or kept under the Act.

SCHEDULE 1 - Fees

Regulation 7

PART 1 - Licences and permits

PART 2 - Registration

PART 3 - Registers

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

Notified in the Gazette on 9 December 2009

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

EXPLANATORY NOTE

(This note is not part of the regulation)

(a) regulate the taking and possession of fish, and the use of equipment, by holders of commercial freshwater fishing licences; and

(b) prescribe fees for the purposes of the Inland Fisheries Act 1995 ; and

(c) are made consequentially on the repeal of the Inland Fisheries (Commercial Nets and Fees) Regulations 1999 under section 11 of the Subordinate Legislation Act 1992 .