Fisheries (Giant Crab) Amendment Rules 2010
I make the following rules under the Living Marine Resources Management Act 1995 .
22 December 2009D. E. LLEWELLYN
Minister for Primary Industries and Water
These rules may be cited as the Fisheries (Giant Crab) Amendment Rules 2010 .
These rules take effect on the day on which their making is notified in the Gazette.
In these rules, the Fisheries (Giant Crab) Rules 2006 are referred to as the Principal Rules.
4. Rule 5 amended (Duration of rules)
Rule 5 of the Principal Rules is amended by omitting "5 years" and substituting "7 years".
5. Rule 8 amended (Persons authorised to take or possess giant crab in State waters)
Rule 8(d) of the Principal Rules is amended by omitting "cultural".
6. Rule 14 substituted
Rule 14 of the Principal Rules is rescinded and the following rule is substituted:(1) A person must not take, buy, sell or be in possession of a male giant crab that has a carapace length –(a) less than the minimum permitted length for male giant crab; or(b) more than the maximum permitted length for male giant crab.Penalty: Grade 3 penalty.(2) A person must not take, buy, sell or be in possession of a female giant crab that has a carapace length –(a) less than the minimum permitted length for female giant crab; or(b) more than the maximum permitted length for female giant crab.Penalty: Grade 3 penalty.(3) For the purposes of this rule, the carapace length of a giant crab (whether male or female and whether alive, dead or processed) is taken to be the minimum distance from the anterior surface of the point of the carapace midway between the eyes to the rear of the carapace, excluding the ligament or any part of the belly flap.(4) In this rule –carapace means the shell that covers the dorsal surface of the cephalothorax of a giant crab;maximum permitted length for female giant crab means –(a) 215 millimetres; or(b) if the Minister by public notice determines that a measurement other than 215 millimetres applies for the purpose of this definition, that other measurement;maximum permitted length for male giant crab means –(a) 215 millimetres; or(b) if the Minister by public notice determines that a measurement other than 215 millimetres applies for the purpose of this definition, that other measurement;minimum permitted length for female giant crab means –(a) 150 millimetres; or(b) if the Minister by public notice determines that a measurement other than 150 millimetres applies for the purpose of this definition, that other measurement;minimum permitted length for male giant crab means –(a) 140 millimetres; or(b) if the Minister by public notice determines that a measurement other than 140 millimetres applies for the purpose of this definition, that other measurement.
7. Rule 18 substituted
Rule 18 of the Principal Rules is rescinded and the following rule is substituted:18. Fishing quota unit balance not to be exceeded
(1) The holder of a fishing licence (giant crab) must not, for commercial purposes, take, or in State waters be in possession of, more giant crab than the fishing quota unit balance for the licence.Penalty: Grade 3 penalty.(2) The holder of a fishing licence (giant crab) endorsed under rule 39(1)(a) for the unloading of giant crab in another State must not, in that other State, be in possession of more giant crab than the fishing quota unit balance for the licence.Penalty: Grade 3 penalty.
8. Rule 19 amended (Overcatch provisions)
Rule 19 of the Principal Rules is amended as follows:(a) by omitting from subrule (1) "Notwithstanding rule 18 ," and substituting "Notwithstanding rule 18(1) and (2) ,";(b) by omitting "the time immediately preceding the first unloading of giant crab after a fishing trip." from paragraph (b) of the definition of relevant time in subrule (3) and substituting "the time of the commencement of a fishing trip.".
9. Rule 39 amended (Unloading of giant crab interstate from fishing vessel)
Rule 39 of the Principal Rules is amended as follows:(a) by omitting paragraphs (a) , (b) , (c) and (d) from subrule (2) and substituting the following paragraphs:(a) the holder of the fishing licence (giant crab), before leaving State waters, has recorded, in the required section of Part A of the commercial giant crab quota docket, the number of giant crab held on the vessel at the time of leaving State waters;(b) the holder of the fishing licence (giant crab), before leaving State waters, has made an interstate port of landing report;(b) by omitting subrule (5) .
10. Rule 46 amended (Restrictions on number of traps that may be set or used)
Rule 46(1) of the Principal Rules is amended by omitting paragraph (b) and substituting the following paragraph:(b) in State waters that are 120 or more metres deep, set or use more than 2 traps for each rock lobster pot specified in the fishing licence (rock lobster) held by that licensee (up to a maximum of 100 traps).
11. Rule 65 inserted
After rule 64 of the Principal Rules , the following rule is inserted in Part 6:65. Infringement notice offences and penalties
For section 234 of the Act –(a) an offence under a rule specified in Schedule 2 is prescribed as an offence in respect of which an infringement notice may be served; and(b) the penalty specified in that Schedule in respect of that offence is the applicable penalty for that offence.
12. Schedule 2 inserted
After Schedule 1 to the Principal Rules , the following Schedule is inserted:SCHEDULE 2 - Infringement Notice Offences and Penalties
Rule
Penalty units
1.
8
4
2.
10(1)
5
3.
10(2)
5
4.
10(3)
5
5.
11(1)
5
6.
11(2)
5
7.
11(3)
5
8.
12(1)
5
9.
13(1)
4
10.
14(1)
4
11.
14(2)
4
12.
15(a)
5
13.
15(b)
5
14.
15(c)
5
15.
16(1)
5
16.
16(2)
5
17.
16(3)
5
18.
21(1)
2
19.
21(2)
2
20.
22(1)
3
21.
22(3)
3
22.
27(1)
5
23.
28
2
24.
29(2)
3
25.
33(1)
4
26.
34(2)
5
27.
35(2)
3
28.
35(3)
3
29.
36(2)
3
30.
36(3)
3
31.
36(4)
3
32.
36(5)
3
33.
37(2)
3
34.
37(3)
3
35.
38(2)
5
36.
38(3)
5
37.
39(1)
5
38.
39(4)
5
39.
40(2)
5
40.
41
5
41.
42
5
42.
43
5
43.
44(1)
3
44.
44(2)
3
45.
45(1)
2
46.
45(3)
2
47.
46(1)(a)
3
48.
46(1)(b)
3
49.
46(2)
3
50.
46(3)
3
51.
47(1)
2
52.
48
2
53.
49(1)
2
54.
49(2)
2
55.
49(4)
2
56.
49(5)
2
57.
49(6)
2
58.
50(1)
4
59.
50(2)
4
60.
50(3)
4
61.
50(4)
4
62.
50(5)
4
63.
50(6)
4
64.
50(7)
4
65.
50(8)
4
66.
50(9)
4
67.
51(1)
4
68.
51(2)
4
69.
51(3)
4
70.
51(4)
4
71.
53(1)
3
72.
53(3)
3
73.
55
1
74.
56
1
75.
57
3
76.
58
1
77.
59
4
78.
60(1)
2
79.
60(2)
2
80.
61(1)
3
81.
62(1)
3
82.
62(2)
3
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 12 January 2010
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 (Giant Crab) Rules 2006 by –(a) updating management arrangements for the commercial giant crab fishery; and(b) introducing a new minimum size limit for the taking of male giant crab and allowing the size limits for giant crab to be set by public notice; and(c) including infringement notice offences and penalties that are being "transferred" from the Fisheries (Infringement Notices) Regulations 2001 ; and(d) extending the duration of the rules from 5 to 7 years.