Inland Fisheries (Recreational Fishing) Amendment Regulations 2011

Inland Fisheries (Recreational Fishing) Amendment Regulations 2011

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 .

26 July 2011

PETER G. UNDERWOOD

Governor

By His Excellency's Command,

BRYAN GREEN

Minister for Primary Industries and Water

1.   Short title

These regulations may be cited as the Inland Fisheries (Recreational Fishing) Amendment Regulations 2011 .

2.   Commencement

These regulations take effect on the day on which their making is notified in the Gazette.

3.   Principal Regulations

In these regulations, the Inland Fisheries (Recreational Fishing) Regulations 2009 are referred to as the Principal Regulations.

4.    Regulation 3 amended (Interpretation)

Regulation 3(1) of the Principal Regulations is amended as follows:

(a) by omitting the definition of bush pole ;

(b) by omitting "bush pole or" from the definition of hand line ;

(c) by omitting the definition of Middle Myrtle Pond .

5.    Regulation 6 substituted

Regulation 6 of the Principal Regulations is rescinded and the following regulation is substituted:

6.   Taking indigenous fish

A person may take, without an angling licence, indigenous fish in any waters specified in Schedule 1 .

6.    Regulation 7 amended (Taking fish from inland waters)

Regulation 7 of the Principal Regulations is amended as follows:

(a) by omitting from subregulation (2)(a) "Saturday nearest 1 August" and substituting "first Saturday in August";

(b) by omitting paragraph (b) from subregulation (2) ;

(c) by omitting subregulation (3) .

7.    Regulation 10 amended (Use of equipment)

Regulation 10 of the Principal Regulations is amended as follows:

(a) by omitting from subregulation (3) " Schedule 2 " and substituting " Schedule 1 ";

(b) by omitting from subregulation (4)(b)(i) ", unless the person is fishing in Middle Myrtle Pond".

8.    Regulation 12 amended (Use of other equipment)

Regulation 12 of the Principal Regulations is amended by omitting subregulation (2) .

9.    Regulation 16 amended (Minimum size limits)

Regulation 16 of the Principal Regulations is amended as follows:

(a) by inserting the following paragraphs after paragraph (a) in subregulation (3) :

(ab) Big Waterhouse Lagoon;

(ac) Blackmans Lagoon;

(b) by inserting the following paragraph after paragraph (n) in subregulation (3) :

(na) Little Waterhouse Lagoon;

(c) by omitting paragraph (g) from subregulation (4) ;

(d) by inserting the following paragraph after paragraph (a) in subregulation (5) :

(ab) Lake Botsford;

10.    Regulation 17 amended (Maximum size limits)

Regulation 17(2) of the Principal Regulations is amended as follows:

(a) by inserting the following paragraph before paragraph (a) :

(aa) Blackmans Lagoon;

(b) by omitting paragraph (f) ;

(c) by omitting paragraph (k) .

11.    Regulation 18 amended (Bag limits)

Regulation 18 of the Principal Regulations is amended as follows:

(a) by omitting paragraph (b) from subregulation (1) ;

(b) by omitting paragraph (b) from subregulation (2) ;

(c) by omitting subregulation (4) ;

(d) by omitting paragraphs (b) and (c) from subregulation (5) ;

(e) by omitting paragraph (b) from subregulation (8) ;

(f) by omitting from subregulation (9) " (4) ,".

12.    Regulation 19 rescinded

Regulation 19 of the Principal Regulations is rescinded.

13.    Regulation 22 amended (Taking fish from boats)

Regulation 22 of the Principal Regulations is amended as follows:

(a) by omitting from subregulation (6) "A" and substituting "Subject to subregulation (7) , a";

(b) by omitting from subregulation (6)(a) "Brumby Creek" and substituting "Brumbys Creek";

(c) by omitting from subregulation (6)(b) "Middle Myrtle Pond,";

(d) by omitting paragraph (c) from subregulation (6) ;

(e) by omitting subregulation (7) and substituting the following subregulation:

(7)  A person may take fish from Weir No. 1 and Weir No. 3 on Brumbys Creek from a boat that is propelled by oars or an electric motor.

14.    Regulation 23 amended (Use of boats)

Regulation 23 of the Principal Regulations is amended as follows:

(a) by inserting in subregulation (1)(b) "or bait" after "lure";

(b) by inserting in subregulation (2) "or bait" after "the lure";

(c) by inserting in subregulation (2) "or bait" after "that lure".

15.    Regulation 24 amended (Use of baits and lures)

Regulation 24 of the Principal Regulations is amended as follows:

(a) by omitting from subregulation (2)(b) "Brumby Creek" and substituting "Brumbys Creek";

(b) by omitting from subregulation (5) ", not referred to in subregulation (6) ,";

(c) by omitting subregulation (6) .

16.    Schedules 1 and 2 substituted

Schedules 1 and 2 to the Principal Regulations are rescinded and the following Schedule is substituted:

SCHEDULE 1 - Waters for Taking Indigenous Fish

Regulation 6

Division 1 - Lagoons

1.	Big Lagoon
2.	Fortescue Bay Lagoon
3.	Freshwater and saltwater lagoons at Friendly Beach
4.	Grants Lagoon
5.	Hendersons Lagoon, at Falmouth
6.	Old Mines Lagoon, near Bicheno
7.	Sloop Rock Lagoon
8.	The Gardens Lagoon
9.	Wrinklers Lagoon

Division 2 - Rivers and creeks

1.	Ansons River, downstream from the St Helens-Eddystone Point Road Bridge
2.	Arthur River, downstream from the bridge over that river that connects the Arthur River Road to Temma Road
3.	Blythe River, downstream from 2 white posts on opposite banks of the river, approximately 400 metres above the Bass Highway Bridge
4.	Bream Creek, downstream from 2 posts approximately 1.6 kilometres from the river mouth
5.	Browns River and its tributaries, downstream from the Channel Highway
6.	Buxton River, downstream from the tidal limit posts
7.	Cam River, downstream from 2 white posts on opposite banks of the river, approximately 400 metres above the Bass Highway Bridge
8.	Coal River, downstream from the weir immediately below the town of Richmond
9.	D’Entrecasteaux River, downstream from the road bridge
10.	Derwent River, downstream from the Bridgewater Bridge
11.	Esperance River, downstream from the A6 road bridge
12.	Four Mile Creek, East Coast, downstream from the Four Mile Creek Road Bridge
13.	Franklin River, downstream from the Exeter Highway Bridge
14.	Great Musselroe River, downstream from the first rapids marked by a post
15.	Huon River, downstream from the bridge at Huonville
16.	Inglis River, downstream from Springboard Point
17.	Jordan River, downstream from the Cove Hill Road Bridge
18.	Lisdillon River, downstream from the road bridge on the Tasman Highway
19.	Little Swanport River, downstream from posts approximately 800 metres above the Tasman Highway Bridge
20.	Lune River, downstream from the first rapids
21.	Meredith River, downstream from the main road bridge
22.	North Esk River, downstream from the Charles Street Bridge
23.	Pieman River, downstream from an imaginary line at right angles to the stream from the end of the jetty nearest the mouth on the southern shore to a point on the opposite shore
24.	Prosser River, downstream from the Prosser River Dam
25.	Sandspit River, downstream from the road bridge
26.	Scamander River, downstream from the posts near Mason’s windmill
27.	Swan River, downstream from the white tidal limit posts
28.	The Arm, St Helens, downstream from the road crossing marked by 2 posts
29.	Tomahawk River, downstream from the main road bridge
30.	Any other river consisting of estuarine waters

17.    Schedule 4 amended (Infringement Notice Offences)

Schedule 4 to the Principal Regulations is amended as follows:

(a) by inserting after

holder of whitebait licence using whitebait net without attached tag bearing whitebait licence number – regulation 10(6)(b)

1

the following item:

holder of whitebait licence being more than 8 metres away from whitebait net while it is in use – regulation 10(6)(c)

1

(b) by omitting the following item

using whole or part of fish as bait to take fish in Lake Augusta and Lake Mackenzie – regulation 24(6)

2

.

18.    Schedule 5 amended (Bag Limits)

Schedule 5 to the Principal Regulations is amended as follows:

(a) by inserting before item 1 in the table the following items:

1AA.	Big Waterhouse Lagoon	5
1AB.	Blackmans Lagoon	5

(b) by omitting item 24 and substituting the following:

24.

Lake Botsford

1

(c) by inserting after item 42 the following:

42A.

Little Waterhouse Lagoon

5

(d) by omitting item 44 .

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

Notified in the Gazette on 3 August 2011

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

EXPLANATORY NOTE

(This note is not part of the regulation)

These regulations amend the Inland Fisheries (Recreational Fishing) Regulations 2009 by –

(a) updating certain provisions relating to the management of inland fisheries; and

(b) effecting minor statute law revision.