Fisheries (Rock Lobster) 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 (Rock Lobster) Amendment Rules 2010 .
These rules take effect on the day on which their making is notified in the Gazette.
In these rules, the Fisheries (Rock Lobster) Rules 2006 are referred to as the Principal Rules.
4. Rule 3 amended (Interpretation)
Rule 3 of the Principal Rules is amended by inserting after the definition of immediate proximity the following definition:inshore crab means crab of the family Portunidae or Grapside;
5. Rule 9 amended (Persons authorised to take or possess rock lobster in State waters)
Rule 9(c) of the Principal Rules is amended by omitting "cultural".
6. Rule 12 amended (Restrictions on possession of female rock lobster during closed season for female rock lobster)
Rule 12 of the Principal Rules is amended as follows:(a) by omitting from subrule (4)(a) "Secretary's written approval" and substituting "approval of a fisheries officer";(b) by inserting the following subrule after subrule (4) :(5) If an approval under subrule (4) is given verbally, the fisheries officer is to confirm that approval in writing to the licensee as soon as practicable after it is given.
7. Rule 14 amended (Limit on number of rock lobster that persons may take or possess)
Rule 14 of the Principal Rules is amended as follows:(a) by omitting from subrule (2)(b) "cultural";(b) by omitting from subrule (3)(b) "cultural";(c) by omitting "cultural" from paragraph (b) of the definition of Category A occupant in subrule (6) .
8. Rule 35 amended (Aboriginal activity apparatus tags)
Rule 35 of the Principal Rules is amended as follows:(a) by omitting from subrule (1)(a) "cultural";(b) by omitting from subrule (1)(b) "cultural";(c) by omitting from subrule (2) "cultural".
9. Rule 36 amended (Marking of rock lobster)
Rule 36(1) of the Principal Rules is amended by omitting "cultural".
10. Rule 39 amended (Fishing quota unit balance not to be exceeded)
Rule 39 of the Principal Rules is amended as follows:(a) by inserting the following subrule after subrule (1) :(1A) The holder of a fishing licence (rock lobster) endorsed under rule 62(1)(a) for the unloading of rock lobster in another State must not, in that other State, be in possession of more rock lobster than the fishing quota unit balance for the licence.Penalty: Grade 3 penalty.(b) by omitting from subrule (2) " subrule (1) " and substituting "subrule (1) or (1A)".
11. Rule 40 amended (Overcatch provisions)
Rule 40 of the Principal Rules is amended as follows:(a) by omitting from subrule (1) "Notwithstanding rule 39(1) ," and substituting "Notwithstanding rule 39(1) and (1A) ,";(b) by omitting "the time immediately before the first rock lobster is unloaded 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.".
12. Rule 45 amended (Research quota units)
Rule 45(1) of the Principal Rules is amended by omitting "in lieu of payment for approved research undertaken by that licensee".
13. Rule 46 amended (Authority of fishing licence (rock lobster))
Rule 46 of the Principal Rules is amended as follows:(a) by omitting from paragraph (i) "time." and substituting "time; and";(b) by inserting the following paragraph after paragraph (i) :(j) take up to 50 kilograms of inshore crab during a fishing trip and in State waters be in possession of up to 50 kilograms of inshore crab at any one time.
14. Rule 52 amended (Minimum and maximum quota unit holdings)
Rule 52 of the Principal Rules is amended as follows:(a) by omitting from subrule (1) "and not more than 120";(b) by inserting the following subrule after subrule (1) :(1A) The combined total of rock lobster quota units and rock lobster carry over units held on a licence must not exceed 200.
15. Rule 62 amended (Unloading of rock lobster interstate from fishing vessel)
Rule 62 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 (rock lobster), before leaving State waters, must have recorded, in the required section of Part A of the commercial rock lobster quota docket, the number of rock lobster held on the vessel at the time of leaving;(b) the holder of the fishing licence (rock lobster), before leaving State waters, must have made an interstate port of landing report;(b) by omitting subrule (5) .
16. Rule 64A inserted
After rule 64 of the Principal Rules , the following rule is inserted in Division 5:64A. Taking or possession of inshore crab
The holder of a fishing licence (rock lobster) must not –(a) take more than 50 kilograms of inshore crab during a fishing trip; or(b) be in possession of more than 50 kilograms of inshore crab in State waters at any one time.Penalty: Grade 2 penalty.
17. Rule 71 amended (Restrictions on setting, use and possession of rock lobster pots)
Rule 71(6) of the Principal Rules is amended by omitting "cultural" from paragraph (c) of the definition of authorised person .
18. Rule 93 amended (Tagging requirements)
Rule 93(4)(e) of the Principal Rules is amended by omitting "cultural".
19. Rule 96 inserted
After rule 95 of the Principal Rules , the following rule is inserted in Part 7:96. Infringement notice offences and penalties
For section 234 of the Act –(a) an offence under a rule specified in Schedule 3 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.
20. Schedule 3 inserted
After Schedule 2 to the Principal Rules , the following Schedule is inserted:SCHEDULE 3 - Infringement Notice Offences and Penalties
Rule
Penalty units
1.
9
4
2.
11(1)
5
3.
11(2)
5
4.
11(3)
5
5.
12(1)
5
6.
12(2)
5
7.
12(3)
5
8.
13(1)
5
9.
14(1)
4
10.
14(2)
4
11.
14(3)
4
12.
15(1)
4
13.
16
3
14.
17(a)
5
15.
17(b)
5
16.
17(c)
5
17.
17(d)
5
18.
18(1)
2
19.
19
2
20.
20
5
21.
21
2
22.
22(1)
4
23.
22(3)
2
24.
22(4)
2
25.
22(5)
4
26.
22(6)
4
27.
22(7)
4
28.
23(a)
2
29.
23(b)
3
30.
24(1)
4
31.
24(2)
3
32.
24(3)
2
33.
25(1)
2
34.
25(2)
3
35.
30(3)
1
36.
30(4)
1
37.
31(1)
1
38.
33(2)
1
39.
34
2
40.
35(2)
1
41.
36(1)
1
42.
36(2)
1
43.
36(3)
1
44.
37
4
45.
38(1)
5
46.
38(2)
5
47.
42(1)
2
48.
42(2)
2
49.
43(1)
3
50.
43(3)
3
51.
45(5)
2
52.
49
5
53.
50
2
54.
52(2)
5
55.
56(1)
4
56.
57(2)
5
57.
58(2)
3
58.
58(3)
3
59.
59(2)
3
60.
59(3)
3
61.
59(4)
5
62.
59(5)
5
63.
60(2)
3
64.
60(3)
3
65.
61(2)
5
66.
61(3)
5
67.
62(1)
5
68.
62(4)
5
69.
63(2)
5
70.
64
2
71.
65(1)
4
72.
65(2)
4
73.
65(3)
4
74.
65(4)
4
75.
65(5)
4
76.
66(2)
3
77.
66(3)
3
78.
67
5
79.
68
5
80.
69
5
81.
70(1)
5
82.
70(2)
5
83.
70(3)
5
84.
71(1)
3
85.
71(2)
5
86.
71(5)
2
87.
72(1)
3
88.
73(1)
2
89.
74(1)
3
90.
74(2)
3
91.
74(4)
3
92.
75(1)
3
93.
76(1)
2
94.
77(1)
2
95.
77(2)
2
96.
77(4)
2
97.
77(5)
2
98.
78(1)
2
99.
78(2)
2
100.
78(3)
2
101.
79
2
102.
80(1)
4
103.
80(2)
4
104.
80(3)
2
105.
80(4)
4
106.
80(5)
2
107.
80(6)
4
108.
80(7)
4
109.
80(8)
4
110.
80(9)
4
111.
81(1)
4
112.
81(2)
4
113.
81(3)
4
114.
81(4)
4
115.
83(1)
3
116.
83(4)
3
117.
85
1
118.
86
1
119.
87
3
120.
88
1
121.
89
4
122.
90(1)
2
123.
90(2)
2
124.
91(1)
3
125.
92(1)
3
126.
92(2)
3
127.
93(1)
2
128.
93(2)
2
129.
93(5)
2
130.
93(7)
2
131.
93(8)
2
132.
93(9)
3
133.
93(10)
1
134.
93(11)
1
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 (Rock Lobster) Rules 2006 by –(a) updating management arrangements for the commercial rock lobster fishery; and(b) including infringement notice offences and penalties that are being "transferred" from the Fisheries (Infringement Notices) Regulations 2001 .