Fisheries (General and Fees) Regulations 1996

Fisheries (General and Fees) Regulations 1996

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 .

G. S. M. GREEN

Governor

By His Excellency's Command,

B. BONDE

Minister for Primary Industry and Fisheries

PART 1 - Preliminary

1.   Short title

These regulations may be cited as the Fisheries (General and Fees) Regulations 1996 .

2.   Commencement

These regulations take effect on 31 May 1996.

3.   Interpretation

(1) In these regulations –

abalone means fish of the genus Haliotis;

abalone deed of agreement means a deed of agreement –

(a) made under section 99 of the Act; or

(b) continued in force under section 14 of the Marine Resources (Savings and Transitional) Act 1995 ;

Act means the Living Marine Resources Management Act 1995 ;

banded morwong means fish of the species Cheilodactylus spectabilis;

bastard trumpeter means fish of the species Latridopsis forsteri (also known as silver trumpeter);

bivalve means fish of the class Bivalvia;

blacklip abalone means fish of the species Haliotis rubra;

bream means fish of the genus Acanthopagrus;

carapace means the shell that covers the dorsal surface of the cephalothorax of giant crab or rock lobster;

child means a person under the age of 16;

clam or cockle means bivalve other than the following:

(a) shellfish of the species Crassostrea gigas, commonly known as Tasmanian pacific oyster;

(b) shellfish of the species Ostrea angasi, commonly known as Native oyster;

(c) shellfish of the species Mytilus edulis planulatus, commonly known as Tasmanian blue mussel;

(d) scallop;

deed fee means the fee determined under section 99(3) of the Act and referred to in regulation 11 ;

distinguishing mark means the mark allotted to a fishing vessel under the Fisheries Rules;

export means transportation beyond the limits of State waters;

finfish means fish of the class Ostechthyes;

fish merchant means –

(a) the holder of any licence other than a fish licence (recreational); or

(b) a person who carries on the business of selling fish;

Fisheries Rules means rules in force under the Act;

flathead means fish of the family Platycephalidae;

flounder means fish of the families Bothidae and Pleuronectidae;

garfish means fish of the family Hemiramphidae;

giant crab means crab of the species Pseudocarcinus gigas;

Grade 1 penalty means the penalty specified in regulation 4 of the Penalty Regulations;

Grade 2 penalty means a penalty specified in regulation 5 of the Penalty Regulations;

Grade 3 penalty means a penalty specified in regulation 6 of the Penalty Regulations;

greenlip abalone means fish of the species Haliotis laevigata;

gummy shark means fish of the species Mustelus antarcticus;

jackass morwong (also known as perch) means fish of the species Nemandactylus macropterus;

mackerel means fish of any of the following species:

(a) Trachurus declivis (commonly known as jack mackerel);

(b) Trachurus muriohii (commonly known as Peruvian jack mackerel);

(c) Trachurus novaezelandiae (commonly known as yellowtail mackerel);

(d) Emmelichthys nitidus (commonly known as redbait);

(e) Scomber australasicus (commonly known as blue mackerel);

mullet means fish of the family Mugilidae;

octopus means fish of the genus Octopus;

Penalty Regulations means the Fisheries (Penalty) Regulations 1996 ;

pensioner means a person in receipt of any pension, allowance, supplement or benefit under a law of the Commonwealth;

port of departure means any of the following ports:

(a) Beauty Point;

(b) Bicheno;

(c) Bridport;

(d) Currie;

(e) Devonport;

(f) George Town;

(g) Grassy;

(h) Lady Barron;

(i) St Helens;

(j) Smithton;

(k) Stanley;

(l) Strahan;

(m) Whitemark;

restricted zone means the State waters inshore of an imaginary line extending from Cape Degerando to Cape Sonnerat to Mistaken Cape to Cape Frederick Henrick, other than the waters of Blackman Bay west of an imaginary straight line from the southern most extent of the spit to the northern most part of Little Chinaman Bay;

rock lobster means rock lobster of the genus Jasus;

scallop means fish of the species –

(a) Equichlamys bifrons (commonly known as queen scallop); or

(b) Pecten fumatus (commonly known as commercial scallop); or

(c) Mimachlamys asperrimus (commonly known as doughboy scallop);

scallop spat means a scallop that is less than 40 millimetres in its widest diameter;

school shark (also known as snapper shark) means fish of the species Caleorhinus galeus;

sea urchin means fish of the species Heliocidaris erythrogramma or genus Centrostephanus;

shark means school shark or gummy shark;

shellfish means fish of the phylum Mollusca, other than bivalves and abalone;

sporophyll means that part of an algal stem containing or producing spores;

stamp duty means stamp duty payable under the Stamp Duties Act 1931 ;

striped trumpeter means fish of the species Latris lineata;

Undaria means –

(a) exotic marine alga Undaria pinnatifida (commonly known as wakame); and

(b) sporophyll of that alga;

undersize abalone means an abalone the shell of which is less than 132 millimetres in its widest diameter, whether the shell is broken or chipped in any way or not;

undersize scallop means –

(a) queen scallop Equichlamys bifrons that is less than 100 millimetres in its widest diameter; or

(b) commercial scallop Pecten fumatus that is less than 80 millimetres in its widest diameter; or

(c) doughboy scallop Mimachlamys asperrimus that is less than 80 millimetres in its widest diameter;

wild, in relation to any species or kind of fish, means State waters other than those to which a marine farming licence specifying that species or kind of fish relates;

wrasse means fish of the genus Notolabrus.

PART 2 - Minimum sizes

4.   Minimum sizes of certain fish

(1)  A person must not –

(a) take or have possession of undersize scallop cultivated elsewhere than in the wild unless the person –

(i) is the holder of a marine farming licence authorising scallop farming; or

(ii) is acting with the authority of the holder of such a licence; or

(iii) has bought or received the undersize scallop from a fish merchant; or

(b) take undersize scallop from the wild or have possession of an undersize scallop taken from the wild unless the person is the holder of a fishing licence (scallop spat collection) and takes and has possession of only scallop spat; or

(c) take, buy, sell or have possession of giant crab less than 150 millimetres in carapace length; or

(d) take, buy, sell or have possession of –

(i) male rock lobster less than 110 millimetres in carapace length; or

(ii) female rock lobster less than 105 millimetres in carapace length; or

(e) take, buy, sell or have possession of school shark or gummy shark or any portion of school shark or gummy shark if the distance in a straight line from the middle of the posterior edge of the gill slit nearest the tail to the ventral insertion of the caudal fin –

(i) in relation to the school shark, is less than 400 millimetres; and

(ii) in relation to the gummy shark, is less than 450 millimetres; or

(f) take, buy, sell or have possession of fish of any of the kind or species specified in the following table that is less than the minimum size specified for that kind or species of fish, whether or not the fish was taken in State waters:

Kind or species of fish	Minimum size of fish (mm)
(a) bastard trumpeter	330
(b) bream	230
(c) flathead	300
(d) flounder	250
(e) garfish	230
(f) gummy shark	750
(g) jackass morwong	230
(h) mullet	200
(i) school shark	710
(j) striped trumpeter	330

(2)  A person must not contravene subregulation (1)(a) , (b) , (c) or (d) .

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(3)  A person must not contravene subregulation (1)(e) or (f) .

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(4)  A person must not take, buy, sell or have possession of banded morwong less than 330 millimetres or more than 430 millimetres in length.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(5)  A person must not take, buy, sell or have possession of wrasse less than 280 millimetres or more than 430 millimetres in length.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

5.   Measurement of length and size

(1)  The carapace length of a giant crab is the minimum distance measured from the anterior surface of the point of the carapace midway between the eyes to the rear of the carapace, excluding the ligament or any part of the belly flap.

(2)  The carapace length of a rock lobster, whether alive or dead or processed in any way, is the minimum distance measured from the anterior surface of the median suture of the frontal tubercule to the posterior edge of the dorsal region of the carapace, excluding any attached hairs.

(3)  The size of any kind or species of fish referred to in regulation 4(1)(f) is determined by measuring the fish in the following manner:

(a) in the case of a garfish, from the upper jaw to the end of the tail;

(b) in the case of any other fish, from the forward most point of the fish to the end of the tail.

(4)  The length of a banded morwong is the minimum distance measured from the forward-most point of the fish to the caudal fork of the tail.

(5)  The length of a wrasse is the minimum distance measured from the forward-most point of the fish to the tip of the tail.

6.   Minimum size of abalone

(1)  A person must not take undersize abalone from the wild.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(2)  A person must not have possession of undersize abalone which has been taken from the wild.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(3)  A person must not take or have possession of an undersize abalone which has been cultivated elsewhere than in the wild unless –

(a) the person is the holder of a marine farming licence authorising abalone farming; or

(b) the person is acting with the authority of the holder of such a licence; or

(c) the person has bought or received the abalone from a fish merchant.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(4)  A person must not take or have possession of abalone the shell of which is 140 millimetres or less in its widest diameter, whether the shell is broken or chipped in any way or not –

(a) in State waters adjacent to the south and west coasts of the mainland of Tasmania between an imaginary line running due south from Whale Head near South East Cape and an imaginary line running due west from the mouth of the Wild Wave River near Sandy Cape; or

(b) at a place on land that is within one kilometre of any of those waters.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(5)  A person must not take or have possession of greenlip abalone the shell of which is 140 millimetres or less in its widest diameter, whether the shell is broken or chipped in any way or not, in State waters bounded by the line of latitude 40 degrees 40 minutes South in the south, the line of longitude 146 degrees 20 minutes East in the west, the line of latitude 39 degrees 12 minutes South in the north and the line of longitude 148 degrees 30 minutes East in the east.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(6)  Subrule (5) does not apply to greenlip abalone that is not taken from the wild and is in the possession of the holder of a marine farming licence that –

(a) specifies greenlip abalone; and

(b) is for an area within the area specified in that subrule.

PART 3 - Fees

7.   Beach price

(1)  For the purpose of fees payable under an abalone deed of agreement, the beach price is the average price per kilogram of abalone paid by abalone purchasers to the holders of fishing licences (abalone quota), holders of fishing licences (abalone) or holders of fishing licences (abalone dive).

(2)  The price per kilogram of abalone paid must be the true value taking into account –

(a) each payment and other forms of payments; and

(b) any rights, privileges or benefits paid directly or indirectly for the abalone.

(3)  An abalone purchaser is a person who has purchased more than 80 tonnes of abalone in the preceding 12 months.

8.   Fees

(1)  The fees specified in Part 1 of Schedule 1 are prescribed in respect of fishing licences.

(2)  The fee specified in Part 2 of Schedule 1 is prescribed in respect of fish processing licences.

(3)  The fees specified in Part 3 of Schedule 1 are prescribed in respect of services provided under the Act.

(4)  The fees specified in Part 4 of Schedule 1 are prescribed in respect of marine farming licences.

9.   Date for renewal fee for fishing licence (abalone quota)

The fee payable for the renewal of a fishing licence (abalone quota) is due on or before 30 April, 31 July, 31 October and 31 January in each year.

10.   Fees for renewal of fishing licence (abalone quota)

In addition to the payment of the fee specified in Part 1 of Schedule 1 for the renewal of a fishing licence (abalone quota), a fee is payable as determined under section 99(3) of the Act in respect of the renewal as if the licence were a deed of agreement.

PART 4 - Export

11.   Export of fish

(1)  A person must not export, or cause or permit to be exported, any fish for any purpose unless the fish is accompanied by –

(a) in the case of abalone, a docket in the approved form issued by that person; or

(b) in any other case a signed docket issued by that person containing the information specified in subrule (2).

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(2)  A docket must contain the following information:

(a) the name and address of the person;

(b) the date of export;

(c) the species or a recognised common name of the fish;

(d) the quantity of each species.

(3)  It is a defence to any proceedings under subrule (1) if the person proves that –

(a) he or she does not carry on the business of selling or processing fish or fish products; and

(b) the fish were exported otherwise than for the purpose of sale or storage for reward.

12.   Exporting rock lobster

(1)  A person must not export rock lobster or cause or permit rock lobster to be exported on or in a fishing vessel to a State or Territory where the legal minimum carapace length for rock lobster is less than in State waters unless –

(a) the fishing vessel has tied up at a port of departure after the rock lobster has been taken; and

(b) the rock lobster has been taken in accordance with the Act, the Fisheries Rules or these regulations; and

(c) the person has given written notification of the information specified in regulation 14 to a police officer at the police station nearest to the proposed port of departure at least 24 hours before the fishing vessel leaves the port of departure for the purpose of exporting the rock lobster; and

(d) the person has made the rock lobster available for inspection by a police officer on request; and

(e) all rock lobster pots used from the fishing vessel are –

(i) on the fishing vessel; and

(ii) available for inspection.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(2)  A person must not export rock lobster or cause or permit rock lobster to be exported on or in a fishing vessel to a State or Territory where the legal minimum size for rock lobster is the same or greater than in State waters unless –

(a) the rock lobster has been taken in accordance with the Act, the Fisheries Rules or these regulations; and

(b) the person has given notification of the information specified in regulation 14 to a police officer at least 24 hours before the fishing vessel leaves State waters for the purpose of exporting the rock lobster; and

(c) the person has made the rock lobster available for inspection by a police officer on request; and

(d) all rock lobster pots used from the fishing vessel are –

(i) on the fishing vessel; and

(ii) available for inspection.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

13.   Exporting giant crabs

A person must not export giant crabs or cause or permit giant crabs to be exported on or in a fishing vessel unless –

(a) the giant crabs have been taken in accordance with the Act, the Fisheries Rules or these regulations; and

(b) the person has given notification of the information specified in regulation 14 to a police officer at least 24 hours before the fishing vessel leaves State waters for the purpose of exporting the giant crabs; and

(c) the person has made the giant crabs available for inspection by a police officer on request; and

(d) all rock lobster pots used from the fishing vessel are –

(i) on the fishing vessel; and

(ii) available for inspection.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

14.   Information required for exporting

The following information is specified for the purpose of regulations 12 and 13 :

(a) the name of the holder of the fishing licence (rock lobster) under which the rock lobster or giant crab were taken;

(b) the name and distinguishing mark of –

(i) the fishing vessel used for the purpose of taking the rock lobster or giant crab; and

(ii) the fishing vessel on or in which the rock lobster or giant crab are to be exported;

(c) the approximate number of rock lobster or giant crab to be exported;

(d) the approximate weight of the rock lobster or giant crab to be exported;

(e) the proposed date and time of departure of the fishing vessel;

(f) in the case of export of rock lobster to a State or Territory where the legal minimum size for rock lobster is less than in State waters, the name of the port of departure from which the fishing vessel is to depart;

(g) in the case of export of rock lobster to a State or Territory where the legal minimum size for rock lobster is the same or greater than in State waters, the location from which the fishing vessel is to depart;

(h) in the case of export of giant crabs, the location from which the fishing vessel is to depart;

(i) the name of the port or location of the place at which the rock lobster or giant crabs are to be unloaded from the fishing vessel after export;

(j) the estimated date on which, and time at which, the unloading is to commence.

15.   Notification of unloading

(1)  A person who exports or causes or permits a rock lobster or giant crab taken in State waters under a fishing licence (rock lobster) to be exported on or in a fishing vessel must notify a police officer of –

(a) the name of the port or location of the place at which the rock lobster or giant crabs were unloaded from the fishing vessel after export; and

(b) the date and time the unloading commenced.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(2)  The notification is to –

(a) be made in writing; and

(b) be lodged with a police officer not later than 7 days after the day on which the unloading of the rock lobster or giant crabs from the fishing vessel after export was completed.

PART 5 - Miscellaneous

16.   Notifiable decisions

The decisions specified in Part 1 of Schedule 2 are prescribed as decisions in respect of which a notice is to be served under section 280 of the Act.

17.   Appealable determinations

The determinations specified in Part 2 of Schedule 2 are prescribed as determinations after a review in respect of which a person may appeal to the Appeal Tribunal under section 283 of the Act.

18.   Prohibition on taking certain fish

(1)  A person must not take or have possession of a keyhole limpet or limpet of any of the superfamilies Fissurellacea, Patellacea or Siphonariacea.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(2)  A person, in State waters, must not take or have possession of the following:

(a) any species of pipehorse, pipefish, seahorse or seadragon of the family Syngnathidae;

(b) a handfish of the family Brachionichthyidae;

(c) a threefin blenny of the genus Forsterygion.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(3)  A person must not take, or be in possession of, a great white shark of the species Carcharodon carcharias.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

19.   Storing fish for processing

Abalone and rock lobster are prescribed classes of fish for the purpose of section 69 of the Act.

20.   Noxious fish

The following species of fish are noxious fish in State waters:

(a) Northern Pacific seastar (Asteria amurensis);

(b) European carp (Cyprinus carpia);

(c) European shore crab (Carainus maenas) (also known as green crab);

(d) Undaria, other than in the restricted zone;

(e) giant fan worm (Sabella spallanzanii).

21.   Rescission

The Sea Fisheries Regulations 1962 are rescinded.

22.   Expiry of regulations

These regulations expire on 30 May 1997.

SCHEDULE 1 - Licence fees

Regulation 8

PART 1 - Fishing licences

PART 2 - Fish processing licences

PART 3 - Service fees

PART 4 - Marine farming licence

SCHEDULE 2 - Decisions and determinations

Regulations 16 and 17

PART 1 - Notifiable decisions

PART 2 - Appealable determinations after review

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

Notified in the Gazette on 30 May 1996

These regulations are administered in the Department of Primary Industry and Fisheries.