Inland Fisheries (Recreational Fishing) Regulations 2009

Inland Fisheries (Recreational Fishing) 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

PART 1 - Preliminary

1.   Short title

These regulations may be cited as the Inland Fisheries (Recreational Fishing) Regulations 2009 .

2.   Commencement

These regulations take effect on 22 December 2009.

3.   Interpretation

(1)  In these regulations, unless the contrary intention appears –

Act means the Inland Fisheries Act 1995 ;

angling licence means a licence referred to in section 37 of the Act;

artificial fly means a representation of any fly, insect, small organism or fish that –

(a) is affixed to a single hook; and

(b) does not incorporate any lead or other weight to facilitate casting; and

(c) does not incorporate any device to impart a rotary or darting motion;

bait means –

(a) an animal that is stored alive or dead for the purpose of bait; or

(b) an animal that is used alive or dead as bait; or

(c) a product wholly or partially derived from animal product that –

(i) is capable of being affixed to a hook; and

(ii) is designed to attract or is capable of attracting fish;

bank, in relation to inland waters, includes land within 100 metres of –

(a) the bank of a river; or

(b) the edge or high-water mark of the inland waters;

berry means fertilised spawn that is carried externally on a freshwater crayfish;

blackfish means the species Gadopsis marmoratus of the family Gadopsidae;

bream means the species Acanthopagrus butcheri of the family Sparidae;

brook trout means the species Salvelinus fontinalis of the family Salmonidae;

brown trout means the species Salmo trutta of the family Salmonidae;

bush pole means a length of wood that –

(a) is not less than one metre in length; and

(b) does not have a reel and running line;

Canal Bay means the waters in the bay of that name in the Great Lake, the outer limits of which are defined by an imaginary straight line drawn between 2 white posts on the opposite points of the shore;

carp means fish of the species Cyprinus carpio of the family Cyprinidae;

coastal lagoon means –

(a) any lagoon specified in Schedule 1 of the Act; and

(b) any lagoon adjacent to the sea that comes within the ebb and flow of the tides at ordinary spring tides only at irregular intervals;

eel trap means a trap that –

(a) does not exceed 500 millimetres in height; and

(b) does not exceed 2 metres in length; and

(c) does not exceed 500 millimetres in width; and

(d) does not have any wings or leaders; and

(e) has a mesh of at least 39 millimetres;

eligible pensioner means the holder of –

(a) a current pensioner concession card issued in accordance with the Social Security Act 1991 of the Commonwealth or as a fringe benefit under the Veterans' Entitlements Act 1986 of the Commonwealth; or

(b) a current Gold Card or White Card issued in accordance with the Veterans' Entitlements Act 1986 of the Commonwealth;

estuarine waters means the part of a river from its seaward limits upstream to 2 white posts;

estuary perch means fish of the species Macquaria colonorum of the family Percichthyidae;

flounder means fish of the family Pleuronectidae;

freshwater crayfish means fish of the family Parastacidae;

frog means any member of the order Anura (also known as the order Salienta);

goldfish means fish of the species Carassius auratus of the family Cyprinidae;

ground bait means any form of fish food or bait that –

(a) is reduced to small particles or a mixture by chopping, grinding, mashing or similar methods; and

(b) is not capable of being affixed to a hook; and

(c) is used, or is capable of being used, for attracting or alluring fish to facilitate their capture;

hand-held rod means a rod that is continuously held in the hands of a person whilst that person is fishing;

hand line means any length of line not attached to a bush pole or rod;

landing net means a hand-held net that –

(a) has a handle not more than 2 metres in length; and

(b) has a mesh of not less than 12 millimetres; and

(c) has an opening of not more than one metre in diameter;

live bait means any animal that –

(a) is stored alive for the purpose of bait; or

(b) is used alive as bait;

lure means an artificial representation, of an animal, that –

(a) is capable of being affixed to a hook; and

(b) is designed to attract or is capable of attracting fish;

mesh has the meaning given by regulation 4 ;

Middle Myrtle Pond means the middle pond of the 3 ponds situated on the eastern side of the Mersey River in the Warrawee Forest Reserve, excluding the channel flowing into that pond;

national park has the same meaning as in the Nature Conservation Act 2002 ;

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

prescribed waters, of the Western Lakes, means the waters of the Western Lakes other than the following waters:

(a) Carter Lakes;

(b) Double Lagoon;

(c) East Rocky Lagoon;

(d) Emma Tarns;

(e) First Lagoon;

(f) Howes Lagoon Bay;

(g) Lake Agnes;

(h) Lake Baille;

(i) Lake Botsford;

(j) Lake Chipman;

(k) Lake Dudley;

(l) Lake Flora;

(m) Lake O’Dells;

(n) Lake Paget;

(o) Lake Tin Hut;

(p) Little Blue Lagoon;

(q) Rocky Lagoon;

(r) Sandy Lake;

(s) Second Lagoon;

(t) Talinah Lagoon;

(u) Third Lagoon;

rainbow trout means the species Oncorhynchusmykiss of the family Salmonidae;

rod means a piece of wood, metal or other semi-rigid material that is not less than one metre in length;

seine net means a net that is used to encircle or surround fish;

set rod means a rod that has a line with a bait or lure attached and is in or on the water;

Tods Corner means the waters in the bay of that name on the south-eastern side of the Great Lake enclosed by an imaginary straight line drawn between 2 white posts on the opposite points of the shore;

trolling means fishing by towing a bait or lure from a boat under propulsion;

Upper Mersey Lakes Rainbow Fishery means –

(a) Lake Meston, Junction Lake and Lake Youd; and

(b) the main stem of the Mersey River that flows within the Western Lakes and the tributaries that flow off that main stem;

Western Lakes means –

(a) the Central Plateau Conservation Area west of the Lake Highway; and

(b) the Walls of Jerusalem National Park;

whitebait licence means a licence referred to in section 38 of the Act;

whitebait net means a net –

(a) no part of which exceeds 120 centimetres in circumference; and

(b) that has an opening not exceeding 120 centimetres in circumference; and

(c) that is not fitted with a funnel, screen, valve or other device that impedes or prevents fish from escaping from the net; and

(d) that is not fitted with, or used in conjunction with, any wings, leaders or other screens or structures capable of diverting fish into the net;

world heritage area means an area –

(a) defined as such in a management plan prepared under the National Parks and Reserves Management Act 2002 ; and

(b) described on Plan 1872 in the Central Plan Register.

(2)  Unless the contrary intention appears, an expression used in these regulations has the same meaning as it has in the Inland Fisheries Act 1995 .

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.   Application of regulations

These regulations do not apply in relation to any holder of a commercial freshwater fishing licence, or fish farm licence, who is taking fish under that licence.

PART 2 - Taking Fish

6.   Taking indigenous fish

A person may take indigenous fish without an angling licence –

(a) in any rivers specified in Schedule 1 ; or

(b) if the fish is taken with a bush pole held by that person.

7.   Taking fish from inland waters

(1)  Except where otherwise provided, a person may only take fish in inland waters by means of a rod and line.

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.

(2)  Subregulation (1) does not apply to the following fish:

(a) live bait, other than whitebait, taken during the period commencing 7 days before the Saturday nearest 1 August in any year and ending on the Sunday nearest 30 April in the following year by –

(i) a landing net; or

(ii) a seine net that –

(A) is  not more than 6 metres long and not more than one metre deep; and

(B) has a mesh of more than 12, but not more than 30, millimetres; and

(C) is being used to obtain bait in a coastal lagoon or estuarine waters, and is being emptied into the water without being drawn ashore;

(b) live bait, other than whitebait, taken in estuarine waters –

(i) by a bush pole that is not less than one metre and not more than 2 metres in length with a fixed line; and

(ii) during the period commencing 7 days before the Saturday nearest 1 August in any year and ending on the Sunday nearest 30 April in the following year;

(c) eels taken in accordance with a commercial freshwater fishing licence;

(d) whitebait taken by a whitebait net in accordance with a whitebait licence.

(3)  Subregulation (1) does not apply to a person under 16 years of age taking indigenous fish in a coastal lagoon or in any inland waters specified in Schedule 1 using a hand line that –

(a) has not more than 2 hooks or baits; and

(b) is not left unattended.

8.   Taking salmon from excepted waters

A person may only take salmon in any excepted waters by means of a rod and line.

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.

9.   Ground bait

A person must not –

(a) have possession of or use any ground bait; or

(b) fish within 100 metres of a place in which the person knows that ground bait has been placed within the preceding 14 days.

Penalty:  Fine of not less than 1 penalty unit and not more than 5 penalty units.

10.   Use of equipment

(1)  A person, not referred to in subregulation (2) , must not take fish using –

(a) more than one rod and line at a time; or

(b) more than 2 lures or 2 baits, or 1 lure and 1 bait, at a time; or

(c) more than 3 artificial flies on a line at a time; or

(d) 2 lures, or 2 baits, together with one or more artificial flies.

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.

(2)  A person must not take fish from Lake Augusta or Lake Mackenzie using –

(a) more than one hand-held rod and line at a time; or

(b) more than 2 baits, or one lure and one bait, at a time; or

(c) 2 baits, together with one or more artificial flies, at a time.

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.

(3)  Subregulation (1) does not apply if a person is taking bream in any waters specified in Schedule 2 using no more than –

(a) 2 rods and lines; and

(b) 2 lures or baits on each line.

(4)  Subregulation (1) does not apply to a person who –

(a) is fishing by trolling or in waters where the use of live bait is permitted; and

(b) uses no more than –

(i) 2 rods and lines at a time, unless the person is fishing in Middle Myrtle Pond; or

(ii) 2 lures or baits on each line; and

(c) has paid the applicable fee specified in Schedule 3 .

(5)  The holder of an angling licence may land fish caught on a rod and line with a landing net or gaff consisting of a plain metal hook without a barb or similar device.

(6)  The holder of a whitebait licence must not –

(a) use more than one whitebait net at any one time; or

(b) use a whitebait net unless the net has attached to it a tag bearing the number of the whitebait licence; or

(c) be more than 8 metres away from the whitebait net while it is in use.

Penalty:  Fine of not less than 1 penalty unit and not more than 5 penalty units.

11.   Securing whitebait nets

(1)  A person must not use a severed limb from a tree or bush, or any part of a severed limb from a tree or bush, to secure a whitebait net to the bank or bed of a river.

Penalty:  Fine of not less than 1 penalty unit and not more than 5 penalty units.

(2)  A person must not use the dislodged trunk of a tree or bush, or any part of the dislodged trunk of a tree or bush, to secure a whitebait net to the bank or bed of a river.

Penalty:  Fine of not less than 1 penalty unit and not more than 5 penalty units.

(3)  Subregulations (1) and (2) have effect regardless of –

(a) when the severance or dislodgment occurred; or

(b) whether the severance or dislodgment occurred as a result of human intervention or natural causes.

(4)  Nothing in this regulation is to be taken as prohibiting the use of implements containing or consisting of timber that has been legally harvested or imported into the State.

(5)  In this regulation –

dislodged means no longer rooted to the ground;

natural causes includes, but is not limited to, ageing, disease, wind action, flood action, lightning strike and animal activity.

12.   Use of other equipment

(1)  A person, while fishing, must not –

(a) when using his or her rod and line, have possession of another person’s rod and line; or

(b) use a bottle, jar, can or similar object made of plastic, glass or metal in conjunction with a rod or line to indicate movement in the rod and line.

Penalty:  Fine of not less than 1 penalty unit and not more than 5 penalty units.

(2)  A person fishing in Middle Myrtle Pond must not take any fish while that person is floating with the aid of any device, equipment or apparatus that provides buoyancy.

Penalty:  Fine of not less than 1 penalty unit and not more than 5 penalty units.

13.   Possession of equipment

A person, whether or not he or she is the holder of an angling licence, must not have possession of an assembled rod, reel and line, whether or not there is any bait or lure attached to it –

(a) at any place and during any time when the taking of fish is prohibited; or

(b) at any place and during any time when the taking of acclimatised fish or indigenous fish is prohibited.

Penalty:  Fine of not less than 1 penalty unit and not more than 5 penalty units.

14.   Unattended equipment

(1)  A person must not take fish using an unattended set rod –

(a) in any inland waters; or

(b) and bait in Lake Augusta or Lake Mackenzie.

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.

(2)  Subregulation (1)(a) does not apply to a person if –

(a) the set rod is under that person’s control; and

(b) the person is at all times within 8 metres of the set rod and is able to see whether a fish takes the bait and lures; and

(c) the person is able to take up the set rod when a fish takes the bait and lures.

15.   Possession of crayfish

A person must not –

(a) take or have possession of any freshwater crayfish; or

(b) have possession of any berry of a freshwater crayfish; or

(c) remove any berry from a freshwater crayfish.

Penalty:  Fine of not less than 3 penalty units and not more than 10 penalty units and a special penalty of 1 penalty unit for each fish.

16.   Minimum size limits

(1)  A person must not take –

(a) a blackfish that is less than 220 millimetres in length; or

(b) a flounder that is less than 250 millimetres in length; or

(c) a bream that is less than 250 millimetres in length.

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.

(2)  A person must not take, from inland waters or excepted waters, a salmon that is less than 220 millimetres in length.

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.

(3)  A person must not take a salmon that is less than 300 millimetres in length from any of the following waters:

(a) Ada Lagoon;

(b) Bradys Lake;

(c) Brushy Lagoon;

(d) Craigbourne Dam;

(e) Curries River Dam;

(f) Four Spring Lake;

(g) Guide Dam;

(h) Lake Ada;

(i) Lake Augusta;

(j) Lake Barrington;

(k) Lake Binney;

(l) Lake Kay;

(m) Lake Meadowbank;

(n) Lake Tungatinah;

(o) Pet Dam;

(p) Tooms Lake;

(q) Woods Lake.

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.

(4)  A person must not take a salmon that is less than 420 millimetres in length from any of the following waters:

(a) Carter Lakes;

(b) Double Lagoon;

(c) Emma Tarns;

(d) Howes Lagoon Bay;

(e) Lake Agnes;

(f) Lake Baille;

(g) Lake Botsford;

(h) Lake Chipman;

(i) Lake Flora;

(j) Lake O’Dells;

(k) Lake Paget;

(l) Little Blue Lagoon;

(m) Penstock Lagoon;

(n) Rocky Lagoon;

(o) Sandy Lake;

(p) Second Lagoon;

(q) Talinah Lagoon;

(r) Third Lagoon.

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.

(5)  A person must not take a salmon that is less than 500 millimetres in length from any of the following waters:

(a) First Lagoon;

(b) Lake Dudley;

(c) Lake Tin Hut.

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.

(6)  A person must not, from the waters of Great Lake, take –

(a) a rainbow trout that is less than 400 millimetres in length; or

(b) a brown trout that is less than 300 millimetres in length.

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)  For the purposes of this regulation –

(a) the length of a fish, other than a bream, is to be measured in a straight line from the tip of the snout to the end of the centre of the tail fin; and

(b) the length of a bream is to be measured from the forwardmost point of the fish to the end of the tail; and

(c) a fish from which the head or any part of the tail has been removed is taken to be less than the relevant length specified in this regulation unless the part of the fish that remains is not less than that length.

17.   Maximum size limits

(1)  A person must not, from the prescribed waters of the Western Lakes, take more than 2 salmon, either of which is equal to or more than 500 millimetres in length.

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.

(2)  A person must not take more than 2 salmon, either of which is more than 600 millimetres in length, from any of the following waters:

(a) Bradys Lake;

(b) Brushy Lagoon;

(c) Craigbourne Dam;

(d) Curries River Dam;

(e) Four Springs Lake;

(f) Guide Dam;

(g) Lake Barrington;

(h) Lake Binney;

(i) Lake Meadowbank;

(j) Lake Tungatinah;

(k) Pet Dam;

(l) Tooms Lake;

(m) Woods Lake.

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.

(3)  For the purposes of this regulation, the length of a salmon is to be measured in a straight line from the tip of the snout to the end of the centre of the tail fin.

18.   Bag limits

(1)  A person, on any one day from inland waters or excepted waters, must not –

(a) take more than a total of –

(i) 12 blackfish; or

(ii) 12 salmon; or

(iii) a combination of 12 blackfish and salmon; or

(b) continue to fish for either blackfish or salmon if the person has already taken, on that day, a total specified in paragraph (a) .

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.

(2)  A person, on any one day, must not –

(a) take more than a total of 10 bream; or

(b) continue to fish for bream if the person has already taken, on that day, the total specified in paragraph (a) .

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.

(3)  A person, on any one day from any of the waters specified in column 2 of the table in Schedule 5 , must not take more salmon than the number specified, in column 3 of that table, in respect of those waters.

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.

(4)  A person, on any one day from any of the waters specified in column 2 of the table in Schedule 5 , must not continue to fish, if the person has already taken, on that day, the number of salmon specified, in column 3 of that table, in respect of those waters.

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.

(5)  A person, on any one day from the waters of Great Lake, must not –

(a) take more than a total of 12 salmon including a maximum of 3 rainbow trout; or

(b) continue to take rainbow trout if the person has already taken, on that day, 3 rainbow trout; or

(c) continue to fish for salmon if the person has already taken, on that day, 12 salmon.

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.

(6)  A person must not –

(a) have possession of more than 24 eels at any one time without the written approval of the Director; or

(b) take and have possession of more than 12 eels on any one day.

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)  A person must not –

(a) remove, kill, destroy, dredge for or carry away an estuary perch; or

(b) cause or permit an estuary perch to be removed, killed, destroyed, dredged for or carried away; or

(c) possess an estuary perch at or on the bank of any waters.

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.

(8)  A person, on any one day from inland waters, must not –

(a) take more than a total of 5 brook trout; or

(b) continue to fish for brook trout if the person has already taken, on that day, the total specified in paragraph (a) .

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.

(9)  For the purposes of subregulations (1) , (2) , (3) , (4) , (5) , (6) and (8) , a person who is in possession of fish at or on the bank of any inland waters or excepted waters is taken to have taken the fish from those waters.

19.   Take and release

(1)  Regulation 18(3) and (4) do not apply to a person in respect of the waters of Lagoon of Islands if the person immediately releases the salmon back into the waters of Lagoon of Islands immediately after taking it from those waters.

(2)  Regulation 18(3) and (4) do not apply to a person in respect of the waters of Little Pine Lagoon if the person immediately releases the salmon back into the waters of Little Pine Lagoon immediately after taking it from those waters.

(3)  Regulation 18(3) and (4) do not apply to a person in respect of the waters of Penstock Lagoon if the person immediately releases the salmon back into the waters of Penstock Lagoon immediately after taking it from those waters.

(4)  Regulation 18(3) and (4) do not apply to a person in respect of all waters within the Western Lakes if the person immediately releases the salmon back into those waters immediately after taking it from those waters.

20.   Whitebait limits

The holder of a whitebait licence must not –

(a) take more than one kilogram of whitebait on any one day; or

(b) take more than 10 kilograms of whitebait during the currency of the licence; or

(c) have possession of more than 10 kilograms of whitebait at any one time.

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 kilogram of whitebait.

21.   Prohibition on taking crayfish

A person must not take any freshwater crayfish at any time.

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.

22.   Taking fish from boats

(1)  A person must not take fish using a mechanically propelled boat in the following waters:

(a) Lake Ashford;

(b) Lake Bantic;

(c) Lake Bellinger;

(d) Lake Garcia;

(e) Little Pine Lagoon;

(f) Western Lakes, except Double Lagoon, Julian Lakes, Lake Ada, Lake Augusta, Lake Mackenzie and Pillans Lake.

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.

(2)  A person must not take fish using a boat propelled in any manner other than by oars in the following waters:

(a) Ada Lagoon;

(b) Lake Lea.

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.

(3)  A person must not take fish in the Curries River Reservoir using a boat propelled in any manner other than by oars or electric motor.

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.

(4)  A person must not take fish by trolling in –

(a) Penstock Lagoon; or

(b) Little Pine Lagoon.

Penalty:  Fine of not less than 1 penalty unit and not more than 5 penalty units.

(5)  A person must not take fish by trolling in Lake Leake using a boat propelled in any manner other than by oars or electric motor.

Penalty:  Fine of not less than 1 penalty unit and not more than 5 penalty units.

(6)  A person must not take fish from a boat –

(a) in Brumby Creek, including any impounded water and any tributary or tailrace entering the creek above the uppermost of the 3 weirs on that creek; or

(b) in Carter Lakes, Howes Lagoon Bay, Middle Myrtle Pond, Lake Botsford, Lake Dudley, Rocky Lagoon or East Rocky Lagoon; or

(c) in any other small lagoon lying between the track from the Augusta Dam to the former Lake Augusta and the course of the river that drains from that lake to that dam when the waters behind the dam are at low levels; or

(d) in Pet and Guide Reservoir.

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)  A person may take fish from a stationary boat in Weir No. 1 or Weir No. 3 on Brumby Creek.

(8)  A person who is within 100 metres of an angler who is fishing from the bank of a lake or a riverbank or by wading must not take fish from a boat that is not securely moored.

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.

23.   Use of boats

(1)  A person must not, in any lake –

(a) take an assembled rod, reel and line out on to the lake by means of a boat; and

(b) drop a lure that is attached to that rod, reel and line; and

(c) then return to the shore of that lake.

Penalty:  Fine of not less than 1 penalty unit and not more than 5 penalty units.

(2)  A person must not take the lure attached to another person’s assembled rod, reel and line out on to a lake by means of a boat and drop that lure into the lake.

Penalty:  Fine of not less than 1 penalty unit and not more than 5 penalty units.

(3)  A person must not use a boat to set and haul a whitebait net in any waters except –

(a) the Pieman River; or

(b) the Derwent River; or

(c) the Huon River; or

(d) the Henty River.

Penalty:  Fine of not less than 1 penalty unit and not more than 5 penalty units.

24.   Use of baits and lures

(1)  A person must not have possession of any bait or any lure that is not wholly artificial at any inland waters specified in subregulation (2) or (3) .

Penalty:  Fine of not less than 1 penalty unit and not more than 5 penalty units.

(2)  A person must only use a lure to take fish in the following waters:

(a) Argent Dam, Zeehan;

(b) Brumby Creek and all its tributaries between No. 1 Weir and Saundridge Road;

(c) Canal Bay and Tods Corner in the Great Lake;

(d) Dee Lagoon;

(e) Edgar Pond;

(f) Huntsman Lake;

(g) Knights Lagoon;

(h) Lagoon of Islands;

(i) Lake Dobson;

(j) Lake Gordon;

(k) Lake Leake;

(l) Lake Pedder;

(m) Lake Sorell;

(n) Monpeelyata Canal, between the Ouse River Weir and Lake Echo;

(o) Risdon Brook Reservoir;

(p) any inland waters within a world heritage area, other than Lake Augusta and Lake Mackenzie;

(q) any waters between the Pine Tier Dam (including Bronte Lagoon) and the canals between that dam and Bronte Lagoon;

(r) any waters in a national park;

(s) the canal and waterways leading from Bronte Lagoon and discharging into Bradys Lake.

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.

(3)  A person must use only an artificial fly to take fish in the following waters:

(a) Bruisers Lagoon, Little Pine Lagoon and Penstock Lagoon;

(b) Calverts Lagoon in the municipal area of Clarence;

(c) Howes Lagoon Bay, East Rocky Lagoon, Rocky Lagoon and Second Lagoon;

(d) Lake Kay and associated lagoons;

(e) the canal by which water is conveyed from Little Pine Lagoon to the Ouse River;

(f) that portion of No. 1 canal and No. 2 canal conveying water from Shannon Lagoon to Penstock Lagoon below 2 white posts on opposite banks of those canals.

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.

(4)  A person who takes fish in any inland waters specified in subregulation (3) must not use a float or sinker in conjunction with an artificial fly.

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.

(5)  A person, not referred to in subregulation (6) , must not use the whole or part of a fish as a bait to take fish in any inland waters that are not subject to tidal movement.

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.

(6)  A person must not use the whole or part of any fish as a bait to take fish in Lake Augusta and Lake Mackenzie.

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)  A person who fishes in any inland waters must not have possession of or use any carp, frog or goldfish, whether alive or dead.

Penalty:  Fine of not less than 3 penalty units and not more than 10 penalty units and a special penalty of 1 penalty unit for each fish.

(8)  A person at any inland waters must not have possession of a device of an electric, electronic, sonic or ultrasonic nature that is capable of being used for the purpose of attracting or influencing the movement of fish.

Penalty:  Fine of not less than 1 penalty unit and not more than 5 penalty units.

25.   Fish not caught by licensee

The holder of a recreational 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.

26.   Use of nets

(1)  A person who is on the bank of any inland waters or is in any inland waters, or is in or on a boat on any inland waters, must not possess or use a net other than –

(a) a landing net; or

(b) a seine net that –

(i) is  not more than 6 metres long and not more than one metre deep; and

(ii) has a mesh of more than 12, but not more than 30, millimetres; and

(iii) is being used to obtain bait in a coastal lagoon or estuarine waters, and is being emptied into the water without being drawn ashore.

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 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 whitebait licence using a whitebait net in the waters specified in the licence.

PART 3 - Miscellaneous

27.   Fees

The fees specified in Schedule 3 are prescribed in respect of licences issued under the Act.

28.   Infringement notice offences and penalties

For section 186 of the Act –

(a) the offences specified in column 1 of Schedule 4 are prescribed as offences for the purposes of infringement notices; and

(b) the penalties specified in column 2 of Schedule 4 are the penalties applicable to those prescribed offences.

SCHEDULE 1 - Waters for Taking Indigenous Fish

Regulations 6 and 7(3)

1.   Waters of the Arthur River, below the bridge over that river.

2.   Waters of the Black River, below the Bass Highway Bridge.

3.   Waters of the Blythe River, below 2 white posts on opposite banks of the river, approximately 400 metres above the Bass Highway Bridge.

4.   Waters of the Cam River, below 2 white posts on opposite banks of the river, approximately 400 metres above the Bass Highway Bridge.

5.   Waters of the Derwent River, below the plaque commemorating the sesquicentenary of the first formed road in Tasmania situated on the Lyell Highway on the western shore of that river approximately 8 kilometres above Granton.

6.   Waters of the Detention River, below the Bass Highway Bridge.

7.   Waters of the Emu River, below the Bass Highway Bridge.

8.   Waters of the Forth River, below the railway bridge at Leith.

9.   Waters of the Franklin River, below the Exeter Highway Bridge.

10.   Waters of the Huon River, below the bridge at Huonville.

11.   Waters of the Inglis River, below Springboard Point.

12.   Waters of the Leven River, below the Bass Highway Bridge.

13.   Waters of the Mersey River, below the Victoria Bridge at Devonport.

14.   Waters of the North Esk River, below the Charles Street Bridge.

15.   Waters of the Pieman River, below the line at right angles across the stream from the end of the jetty nearest the mouth on the southern shore to a point on the opposite shore.

16.   Waters of the Rubicon River, below the Exeter Highway Bridge.

17.   Waters of any other river consisting of estuarine waters.

SCHEDULE 2 - Waters for Taking Bream

Regulation 10(3)

SCHEDULE 3 - Fees

Regulations 10(4) and 27

SCHEDULE 4 - Infringement Notice Offences

Regulation 28

SCHEDULE 5 - Bag Limits

Regulation 18

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) provide for a range of matters to regulate the recreational fishery in inland waters; and

(b) prescribe fees and infringement notice offences for that fishery; and

(c) are made consequentially on the repeal of the Inland Fisheries (Recreational Fishing) Regulations 1999 under section 11 of the Subordinate Legislation Act 1992 .