Fisheries (Abalone) Amendment Rules 2017
I make the following rules under the Living Marine Resources Management Act 1995 .
9 March 2017JEREMY ROCKLIFF
Minister for Primary Industries and Water
These rules may be cited as the Fisheries (Abalone) Amendment Rules 2017 .
These rules take effect on the day on which their making is notified in the Gazette.
In these rules, the Fisheries (Abalone) 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 "purposes;" from paragraph (c)(ii) of the definition of mother boat and substituting "purposes; or";(b) by inserting the following subparagraph after subparagraph (ii) in paragraph (c) of the definition of mother boat :(iii) to undertake a fishing trip which ends on a day other than the day on which it commenced;(c) by inserting the following definition after the definition of prior fishing report :prior landing report means a report provided before abalone is landed that is part of records required to be kept under the Act;
5. Rule 29A inserted
After rule 29 of the Principal Rules , the following rule is inserted in Part 2:29A. Vessel monitoring system on fishing vessel
The holder of a fishing licence (abalone dive) must not, in State waters, undertake a fishing trip which ends on a day other than the day on which the trip commenced unless –(a) the licensee's fishing vessel on which the fishing trip is undertaken is fitted with a vessel monitoring system; or(b) the licensee is fishing from, or fishing from a vessel that is operating from, a mother boat that is fitted with a vessel monitoring system.Penalty: Grade 3 penalty.
6. Rule 42A inserted
After rule 42 of the Principal Rules , the following rule is inserted in Division 1:(1) If the holder of a fishing licence (abalone dive) undertakes a fishing trip which ends on a day other than the day on which it commenced, he or she must make a prior landing report to the reporting service not less than 2 hours before any abalone taken on that trip are landed.Penalty: Grade 2 penalty.(2) On receipt of a prior landing report from a person, the reporting service is to issue to the person a report receipt number.
7. Rule 45A inserted
After rule 45 of the Principal Rules , the following rule is inserted in Division 2:A person who was present when abalone were taken must not complete Part B of a commercial abalone dive docket, in respect of that abalone, unless that person has the written approval of the Secretary to do so.Penalty: Grade 3 penalty.
8. Schedule 1 amended (Infringement notice offences)
Schedule 1 to the Principal Rules is amended as follows:(a) by inserting after item 31 the following:
31A.
10
(b) by inserting after item 58 the following:
58A.
3
(c) by inserting after item 64 the following:
64A.
Rule 45A
5
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 29 March 2017
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 (Abalone) Rules 2009 –(a) by providing for the use, in certain circumstances, of vessel monitoring systems on fishing vessels that undertake overnight fishing trips; and(b) by providing for the making of prior landing reports in circumstances where the holder of a fishing licence (abalone dive) undertakes an overnight fishing trip; and(c) in relation to the completion of commercial abalone quota dockets; and(d) by making other minor and consequential amendments.