Fisheries Amendment Rules 2015

Fisheries Amendment Rules 2015

I make the following rules under the Living Marine Resources Management Act 1995 .

6 December 2015

JEREMY ROCKLIFF

Minister for Primary Industries and Water

1.   Short title

These rules may be cited as the Fisheries Amendment Rules 2015 .

2.   Commencement

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

3.   Principal Rules

In these rules, the Fisheries Rules 2009 are referred to as the Principal Rules.

4.    Rule 3 amended (Interpretation)

Rule 3 of the Principal Rules is amended as follows:

(a) by omitting the definition of auxiliary vessel and substituting the following definition:

auxiliary vessel means a dinghy, tender or other vessel that is –

(a) part of the equipment of a fishing vessel; and

(b) transported with, capable of being carried on, and operates solely from, the fishing vessel; and

(c) not operated further than 2 nautical miles from the fishing vessel;

(b) by omitting "Jasus" from the definition of rock lobster and substituting "Jasus or Sagmariasus".

5.    Rule 7 amended (Classes of fishing licences)

Rule 7 of the Principal Rules is amended as follows:

(a) by omitting from paragraph (c)(i) "general trawl" and substituting "Danish seine";

(b) by omitting from paragraph (c)(ii) "trawl" and substituting "Danish seine";

(c) by inserting in paragraph (s)(iv) "or" after "(wrasse);";

(d) by inserting the following subparagraph after subparagraph (iv) in paragraph (s) :

(v) fishing licence (octopus);

6.    Rule 11 amended (Restrictions on use of apparatus)

Rule 11 of the Principal Rules is amended by omitting the penalty and substituting the following penalty:

Penalty:  Grade 3 penalty.

7.    Rule 12 amended (Fishing in offshore waters)

Rule 12(2) of the Principal Rules is amended by omitting paragraph (e) and substituting the following paragraphs:

(e) the holder of a fishing licence (rock lobster) using not more than the apparatus permitted to be used under the Fisheries (Scalefish) Rules 2015 to take fish of the Superclass Pisces;

(f) the holder of a fishing licence (octopus) while taking octopus.

8.    Rule 17 amended (Receipt for sale of fish)

Rule 17(1) of the Principal Rules is amended by omitting paragraph (a) and substituting the following paragraph:

(a) if the fish merchant sells to the person –

(i) a rock lobster; or

(ii) a giant crab; or

(iii) an abalone; or

(iv) a scallop; or

(v) more than 5 kilograms of any other species or combination of any other species; or

9.    Rule 17A inserted

After rule 17 of the Principal Rules , the following rule is inserted in Division 1:

17A.   Prohibition on sale of certain fish

(1)  A person must not sell fish of any kind or species taken by –

(a) the holder of a recreational fishing licence, under that licence; or

(b) a person who is fishing for recreational purposes and is not required to be licensed for that fishing activity under a management plan; or

(c) an Aborigine who is engaged in an Aboriginal activity.

Penalty:  Grade 3 penalty.

(2)  Subrule (1) does not apply to an Aborigine who engaged in an Aboriginal activity who sells the kind or type of fish prescribed in Schedule 3A to the Fisheries (General and Fees) Regulations 2006 .

10.    Rule 19 amended (Auxiliary vessels)

Rule 19 of the Principal Rules is amended by omitting subrule (3) .

11.    Rule 41 rescinded

Rule 41 of the Principal Rules is rescinded.

12.    Rule 48A inserted

Before rule 49 of the Principal Rules , the following rule is inserted in Part 6:

48A.   Infringement notice offences and penalties

For the purposes of section 42(2) of the Act –

(a) an offence against a provision of these rules specified in column 2 of Schedule 3A is a prescribed offence; and

(b) the penalty specified in column 3 of that Schedule opposite that offence is the prescribed penalty for that offence.

13.    Schedule 3A inserted

After Schedule 3 to the Principal Rules , the following Schedule is inserted:

SCHEDULE 3A - Infringement Notice Offences and Penalties

Rule 48A

Column 1	Column 2 Rule	Column 3 Penalty units
1.	Rule 8(1)	5
2.	Rule 8(5)	10
3.	Rule 9(1)	10
4.	Rule 9(3)	5
5.	Rule 11	5
6.	Rule 12(1)	10
7.	Rule 13(2)	10
8.	Rule 13(3)	10
9.	Rule 14	10
10.	Rule 15(1)	10
11.	Rule 16(1)	5
12.	Rule 16(4)	5
13.	Rule 17(1)	5
14.	Rule 17(2)	3
15.	Rule 17A(1)	10
16.	Rule 18(4)	2
17.	Rule 19(1)	10
18.	Rule 19(2)	2
19.	Rule 21(1)	1
20.	Rule 21(2)	5
21.	Rule 24	5
22.	Rule 26	5
23.	Rule 28(2)	5
24.	Rule 28(5)	5
25.	Rule 29	5
26.	Rule 30(1)	5
27.	Rule 30(2)	5
28.	Rule 30(4)	5
29.	Rule 32(1)	5
30.	Rule 32(2)	5
31.	Rule 34(2)	5
32.	Rule 35(1)	3
33.	Rule 37(1)	3
34.	Rule 37(2)	3
35.	Rule 38(1)	3
36.	Rule 40(1)	3
37.	Rule 40(2)	3
38.	Rule 42(1)	3
39.	Rule 42(2)	3
40.	Rule 43(1)	3
41.	Rule 43(3)	3
42.	Rule 43(4)	1
43.	Rule 46	3
44.	Rule 47	3
45.	Rule 48(1)	3
46.	Rule 48(2)	3

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

Notified in the Gazette on 24 December 2015

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 Rules 2009 by –

(a) revising certain provisions consequent on the commencement of the Fisheries (Scalefish) Rules 2015; and

(b) revising the circumstances in which a receipt must be given for the sale of certain fish; and

(c) prohibiting the sale of certain fish caught recreationally; and

(d) prescribing offences in respect of which infringement notices may be served, and specifying the infringement notice penalties for those offences.