Fisheries (Infringement Notices) 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 Living Marine Resources Management Act 1995 .
26 July 2011PETER G. UNDERWOOD
Governor
By His Excellency's Command,
BRYAN GREEN
Minister for Primary Industries and Water
These regulations may be cited as the Fisheries (Infringement Notices) Regulations 2011 .
These regulations take effect on 8 August 2011.
In these regulations –Act means the Living Marine Resources Management Act 1995 .
For the purposes of section 234(1) of the Act –(a) an offence against a provision of the Act specified in column 2 of the table in Schedule 1 is a prescribed offence; and(b) the penalty specified in column 4 of that table in respect of a prescribed offence is the penalty applicable to the prescribed offence.
5. Offences under Fisheries (General and Fees) Regulations 2006
For the purposes of section 234(1) of the Act –(a) an offence against a provision of the Fisheries (General and Fees) Regulations 2006 specified in column 2 of the table in Schedule 2 is a prescribed offence; and(b) the penalty specified in column 4 of that table in respect of a prescribed offence is the penalty applicable to the prescribed offence.
6. Offences under Fisheries Rules 2009
For the purposes of section 234(1) of the Act –(a) an offence against a provision of the Fisheries Rules 2009 specified in column 2 of the table in Schedule 3 is a prescribed offence; and(b) the penalty specified in column 4 of that table in respect of a prescribed offence is the penalty applicable to the prescribed offence.
SCHEDULE 1 - Offences under Living Marine Resources Management Act 1995
Column 1 | Column 2 | Column 3 | Column 4 | Item | Section | General description of offence | Penalty (penalty units) | 1. | Contravening condition of permit | 3 | 2. | Fishing without a licence | 4 | 3. | Marine farming without a licence | 4 | 4. | Contravening condition of licence | 3 | 5. | Failing to ensure activity is supervised | 3 | 6. | Failing to ensure activity complies with Act | 3 | 7. | Failing to designate or identify person as supervisor | 2 | 8. | Taking protected fish | 3 | 9. | Cutting, damaging, destroying or removing prescribed marine plants | 1 | 10. | Failing to comply with a research area order | 2 | 11. | Failing to keep records | 1 | 12. | Failing to supply records | 1 | 13. | Failing to return identity card | 1 | 14. | Purchasing, possessing or selling illegally taken or possessed fish | 3 | 15. | Contravening biosecurity direction | 4 |
SCHEDULE 2 - Offences under Fisheries (General and Fees) Regulations 2006
Column 1 | Column 2 | Column 3 | Column 4 | Item | Regulation | General description of offence | Penalty (penalty units) | 1. | 4(1) | Person who does not hold fishing licence (abalone dive) taking undersize abalone | 2 | 2. | 4(2) | Possessing undersize abalone unless holding prescribed licence or abalone bought or received from fish merchant | 2 | 3. | 4(3) | Holder of fishing licence (abalone dive) taking or possessing undersize abalone | 5 | 4. | 5 | Taking or possessing undersize greenlip abalone | 2 | 5. | 6(1)(a) | Holder of fish processing licence possessing undersize abalone (other than cultivated abalone) | 3 | 6. | 6(1)(b) | Holder of fish processing licence possessing undersize greenlip abalone (other than cultivated abalone) | 3 | 7. | 6(1)(c) | Holder of fish processing licence possessing abalone taken from State waters with smaller shell length than may legally be taken from those waters by holder of fishing licence (abalone dive) | 3 | 8. | 6(3) | Holder of fish processing licence failing to ensure cultivated abalone is stored separately | 3 | 9. | 7A(1) | Holder of fishing licence (abalone dive) taking undersize abalone from any waters within area A | 5 | 10. | 7A(2) | Holder of fishing licence (abalone dive) possessing undersize abalone in area A or on land within one kilometre of any waters within area A, other than in prescribed circumstances | 5 | 11. | 7A(3) | Holder of fishing licence (abalone dive) taking undersize abalone from northern blacklip area other than Bass Strait area | 5 | 12. | 7A(4) | Holder of fishing licence (abalone dive) possessing undersize abalone in northern blacklip area other than Bass Strait area or on land within one kilometre of any waters within those waters, other than in prescribed circumstances | 5 | 13. | 7A(4A) | Holder of fishing licence (abalone dive) taking undersize abalone from Bass Strait area other than north coast blacklip area | 5 | 14. | 7A(4B) | Holder of fishing licence (abalone dive) possessing undersize abalone in Bass Strait area other than north coast blacklip area, other than in prescribed circumstances | 5 | 15. | 7A(5) | Holder of fishing licence (abalone dive) possessing undersize abalone in waters of north-west area or on land within one kilometre of those waters | 5 | 16. | 7A(6) | Holder of fishing licence (abalone dive) taking undersize abalone from Couta Rocks area | 5 | 17. | 7A(7) | Holder of fishing licence (abalone dive) possessing undersize abalone in Couta Rocks area or on land within one kilometre of any waters within that area, other than in prescribed circumstances | 5 | 18. | 7A(8) | Holder of fishing licence (abalone dive) taking undersize abalone from waters of north-west area | 5 | 19. | 7A(9) | Holder of fishing licence (abalone dive) possessing undersize abalone in waters of east coast area or on land within one kilometre of those waters, other than in prescribed circumstances | 5 | 20. | 7A(10) | Holder of fishing licence (abalone dive) taking undersize abalone from waters of east coast area | 5 | 21. | 7A(11) | Holder of fishing licence (abalone dive) taking or possessing undersize greenlip abalone from or in King Island greenlip area or on land within one kilometre of any of those waters | 5 | 22. | 7A(12) | Holder of fishing licence (abalone dive) taking or possessing undersize greenlip abalone from or in waters other than those in Perkins Bay greenlip area | 5 | 23. | 7A(13) | Holder of fishing licence (abalone dive) taking or possessing undersize greenlip abalone from or in Perkins Bay greenlip area | 5 | 24. | 7A(14) | Taking or possessing undersize greenlip abalone in State waters other than in waters in Perkins Bay greenlip area, without holding fishing licence (abalone dive) | 5 | 25. | 7A(15) | Taking undersize abalone in southern area | 5 | 26. | 7A(16) | Person not holding fishing licence (abalone dive) possessing undersize abalone in southern area or on land within one kilometre of any waters within that area, unless that person holds fish processing licence or abalone was bought or received from fish merchant | 5 | 27. | 8(1) | Taking or possessing undersize cultivated abalone unless holder of prescribed licence or otherwise authorised or abalone bought or received from fish merchant | 2 | 28. | 8(2) | Taking or possessing undersize cultivated greenlip abalone unless holder of prescribed licence or otherwise authorised or abalone bought or received from fish merchant | 2 | 29. | 14(1) | Taking or possessing keyhole or other prescribed kinds of limpet, unless Aborigine engaged in Aboriginal cultural activity | 2 | 30. | 14(3) | Taking or possessing in State waters species of prescribed kinds | 2 | 31. | 14(4) | Taking or possessing great white or other prescribed kinds of shark | 2 |
SCHEDULE 3 - Offences under Fisheries Rules 2009
Column 1 | Column 2 | Column 3 | Column 4 | Item | Rule | General description of offence | Penalty (penalty units) | 1. | 8(1) | Using, for commercial purposes, unlicensed vessel for fishing or carrying fish | 4 | 2. | 9(1) | Taking fish for sale without prescribed licence | 4 | 3. | 9(3) | Person other than holder of a fishing licence (personal) supervising prescribed fishing licence or selling fish taken under the authority of prescribed permit | 4 | 4. | 13(2) | Taking fish during closed season | 4 | 5. | 13(3) | Buying, selling or possessing fish during closed season | 3 | 6. | 14(a) | Taking fish in Taroona waters by diving or swimming | 5 | 7. | 14(b) | Possessing abalone or rock lobster in Taroona waters | 5 | 8. | 15(1) | Taking or possessing fish or marine plant from marine nature reserve | 5 | 9. | 16(1)(a) | Failing to obtain receipt when acquiring fish for sale or fish for resale from fish merchant | 2 | 10. | 16(1)(b) | Failing to keep receipt on premises | 1 | 11. | 16(1)(c) | Failing to retain receipt in good condition for 5 years | 1 | 12. | 16(1)(d) | Failing to produce receipt when required by fisheries officer | 1 | 13. | 16(4) | Possessing fish for sale or resale without authorisation or receipt | 2 | 14. | 17(1) | Fish merchant failing to supply receipt in prescribed circumstances | 2 | 15. | 17(2)(a) | Fish merchant failing to retain copy of receipt in good condition for 5 years | 1 | 16. | 17(2)(b) | Fish merchant failing to produce copy of receipt when required by fisheries officer | 2 | 17. | 18(4) | Holder of fishing licence (vessel) failing to display or paint distinguishing mark on vessel or auxiliary boat as prescribed | 1 | 18. | 19(1) | Holder of fishing licence (vessel) using more than 2 auxiliary boats from vessel specified in licence | 2 | 19. | 19(2) | Holder of fishing licence (vessel) failing to display letter "D" on auxiliary boat as prescribed | 1 | 20. | 21(1) | Setting or using certain apparatus with buoy not meeting prescribed requirements | 1 | 21. | 21(2) | Holder of an authorisation possessing device to conceal buoy without authorisation | 2 | 22. | 24 | Operating a vessel with length that does not comply with vessel category on licence without authorisation | 4 | 23. | 26 | Supervising more than one fishing vessel at same time | 4 | 24. | 28(2) | Supervisor of fishing licence (vessel) failing to comply with instructions and failing to fit, retain and operate automatic location communicator as prescribed | 3 | 25. | 29 | Supervisor of fishing licence (vessel) failing to nominate base port within prescribed time | 1 | 26. | 30(1) | Supervisor of fishing licence (vessel) directed to fit an automatic location communicator failing to comply with prescribed requirements relating to means of communication with vessel | 2 | 27. | 30(2) | Supervisor of fishing licence (vessel) to which automatic location communicator fitted failing to comply with prescribed requirements relating to alternative means of communication with vessel | 2 | 28. | 30(4) | Prescribed person failing to immediately advise holder or supervisor of fishing licence (vessel) that automatic location communicator not operating | 2 | 29. | 32(2) | Supervisor of fishing licence (vessel) failing to comply with prescribed requirements when automatic location communicator ceases to operate | 3 | 30. | 34(2) | Supervisor of fishing licence (vessel) operating fishing vessel with automatic location communicator in area to be kept clear of | 4 | 31. | 35 | Setting scallop spat collectors or taking or possessing scallop spat unless prescribed exception applies | 4 | 32. | 37(1) | Selling or giving scallop spat to person other than holder of marine farming licence | 4 | 33. | 37(2) | Buying or receiving scallop spat from person who does not hold prescribed licence | 4 | 34. | 38 | Setting muscle spat collectors or taking or possessing muscle spat unless prescribed exception applies | 4 | 35. | 40(1) | Selling or giving muscle spat to person other than holder of marine farming licence | 4 | 36. | 40(2) | Buying or receiving muscle spat from person who does not hold prescribed licence | 4 | 37. | 41(1) | Taking more than 100 kilograms of octopus in a day or possessing more than 100 kilograms of octopus | 2 | 38. | 41(2) | Taking or possessing more than 5 octopuses in prescribed waters in any one day without prescribed licence | 2 | 39. | 42 | Taking native marine plant without prescribed licence | 1 | 40. | 43(1) | Taking Undaria without prescribed licence | 2 | 41. | 43(3) | Taking Undaria on behalf of holder of licence without approval of Secretary | 2 | 42. | 43(4) | Holder of fishing licence (Undaria) failing to notify Secretary within prescribed time that approved person no longer employed | 2 | 43. | 46(a) | Holder of fishing licence (marine plant) taking species of native marine plant not specified in licence | 2 | 44. | 46(b) | Holder of fishing licence (marine plant) taking native marine plant in periods, areas or quantities not specified in licence | 2 | 45. | 46(c) | Holder of fishing licence (marine plant) taking native marine plant by method not specified in licence | 2 | 46. | 47(a) | Holder of fishing licence (Undaria) taking marine plant other than Undaria under licence | 2 | 47. | 47(b) | Holder of fishing licence (Undaria) taking Undaria in periods, areas or quantities not specified in licence | 2 | 48. | 47(c) | Holder of fishing licence (Undaria) causing Undaria to be taken by method not specified in licence | 2 | 49. | 47(d) | Holder of fishing licence (Undaria) directing or permitting person not approved to take Undaria under licence | 2 | 50. | 48(1) | Knowingly placing or releasing Undaria likely to result in its spreading | 2 | 51. | 48(2) | Returning Undaria to State waters once it has been removed | 2 |
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 –(a) prescribe certain offences under the Living Marine Resources Management Act 1995 , the Fisheries (General and Fees) Regulations 2006 and the Fisheries Rules 2009 as offences for which infringement notices may be issued; and(b) prescribe the penalties payable for those infringement notice offences; and(c) are made consequentially on the repeal of the Fisheries (Infringement Notices) Regulations 2001 under section 11 of the Subordinate Legislation Act 1992 .