Inland Fisheries Regulations 1996

Inland Fisheries 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 Inland Fisheries Act 1995 .

G. S. M. GREEN

Governor

By His Excellency's Command,

T. JOHN CLEARY

Minister for Inland Fisheries

PART 1 - Preliminary

1.   Short title

These regulations may be cited as the Inland Fisheries Regulations 1996 .

2.   Commencement

These regulations take effect on 31 May 1996.

3.   Interpretation

In these regulations –

Act means the Inland Fisheries Act 1995 ;

angling licence means a licence referred to in section 37 of the Act;

bank, in relation to inland waters, includes land within 100 metres of –

(a) the bank of a river; or

(b) the edge or highwater mark of the inland waters;

artificial fly means a representation of any fly, insect, small organism or fish that –

(a) is made from feather, fur, wool, silk or similar material; and

(b) is affixed to a single hook; and

(c) does not incorporate any lead or other weight to facilitate casting; and

(d) does not incorporate any device to impart a rotary or darting motion;

berry means fertilised spawn that is carried externally on a freshwater crayfish;

blackfish means the species Gadopsis marmoratus of the family Gadopsidae;

bream means the species Acanthopagrus butcheri of the family Sparidae;

bush pole means a length of wood that –

(a) is not less than one metre in length; and

(b) does not have a reel and running line;

Canal Bay means the waters in the bay of that name in the Great Lake, the outer limits of which are defined by an imaginary straight line drawn between 2 white posts on the opposite points of the shore;

carapace means the shell that covers the back of a freshwater crayfish to the beginning of its segmented tail;

carp means fish of the species Cyprinus carpio of the family Cyprinidae;

coastal lagoon means –

(a) any lagoon specified in Schedule 1 of the Act; and

(b) any lagoon adjacent to the sea that comes within the ebb and flow of the tides at ordinary spring tides only at irregular intervals;

commissional water rights means rights to take water under section 94 of the Water Act 1957 ;

eel trap means a trap that –

(a) does not exceed 500 millimetres in height; and

(b) does not exceed 2 metres in length; and

(c) does not exceed 500 millimetres in width; and

(d) does not have any wings or leaders; and

(e) has a mesh of at least 39 millimetres;

eligible pensioner means the holder of –

(a) a current Pensioner Concession Card issued under the National Health Act 1953 of the Commonwealth; or

(b) a current card issued under an Act of the Commonwealth that is approved by the Commission as being equivalent to a Pensioner's Card;

estuarine waters means the part of a river from its seaward limits upstream to 2 white posts;

estuary perch means fish of the species Macquaria colonorum of the family Percichthyidae;

flounder means fish of the family Pleuronectidae;

freshwater crayfish means fish of the family Parastacidae;

fyke net means a net –

(a) that does not exceed 670 millimetres in opening height; and

(b) that does not exceed 670 millimetres in width; and

(c) that has mesh that is not less than 15 millimetres and not more than 39 millimetres; and

(d) any wing or leader of which does not exceed 10 metres in length and does not exceed 1200 millimetres in drop;

goldfish means fish of the species Carassius auratus of the family Cyprinidae;

grayling means fish of the species Prototroctes maraena of the family Prototroctidae;

ground bait means any form of fish food or bait that –

(a) is reduced to small particles or a mixture by chopping, grinding, mashing or similar methods; and

(b) is not capable of being affixed to a hook; and

(c) is used, or is capable of being used, for attracting or alluring fish to facilitate their capture;

hand line means any length of line not attached to a bush pole or rod;

landing net means a hand held net that –

(a) has a handle not more than 2 metres in length; and

(b) has mesh that is not less than 12 millimetres; and

(c) has an opening of not more than one metre in diameter;

Little Lake means the waters in the bay of that name on the northern side of the Great Lake enclosed by an imaginary straight line drawn between 2 white posts on the opposite points of the shore;

live bait means any animal that –

(a) is stored alive for the purpose of bait; or

(b) is used alive as bait;

mesh means one of the spaces bounded by the threads of a net;

possession includes control for the use or benefit of any person, whether or not that person has actual possession or custody;

rod means a piece of wood, metal or other semi-rigid material that is not less than one metre in length;

rostrum means the central horn between the eyes of a freshwater crayfish;

seine net means a net that is used to encircle or surround fish;

set rod means a rod that has a line and a bait or lures attached that are in the water;

Tods Corner means the waters in the bay of that name on the south-eastern side of the Great Lake enclosed by an imaginary straight line drawn between 2 white posts on the opposite points of the shore.

trolling means fishing by towing a bait or lure from a moving boat;

whitebait licence means a licence referred to in section 38 of the Act;

whitebait net means a net –

(a) no part of which exceeds 120 centimetres in circumference; and

(b) that has an opening not exceeding 120 centimetres in circumference; and

(c) that is not fitted with a funnel, screen, valve or other device that impedes or prevents fish from escaping from the net; and

(d) that is not fitted with, or used in conjunction with, any wings, leaders or other screens or structures capable of diverting fish into the net.

PART 2 - Taking fish

4.   Taking indigenous fish

A person may take indigenous fish –

(a) with a bush pole held by that person at any time in any waters specified in Schedule 1 ; or

(b) in any other waters during any season during which the taking of the fish is permitted.

5.   Taking fish from certain waters

(1)  A person, by means other than a rod and line, must not take –

(a) any fish in inland waters; and

(b) any salmon in any excepted waters.

Penalty:  Fine of not less than 1 penalty unit and not more than 5 penalty units and a special penalty of 1 penalty unit for each fish.

(2)  Subregulation (1) does not apply to the following fish:

(a) live bait, other than whitebait, taken during a period 7 days before the Saturday nearest 1 August in any year and the Sunday nearest 30 April in the following year by –

(i) a seine net with a mesh exceeding 12 millimetres but not exceeding 30 millimetres that is not more than 6 metres in length and not more than one metre in depth, if the net is used to obtain bait at a coastal lagoon or in any estuarine waters and is emptied into the water without being drawn ashore; or

(ii) a landing net; or

(b) live bait, other than whitebait, taken in estuarine waters –

(i) by a bush pole that is not less than one metre and not more than 2 metres in length with a fixed line; and

(ii) during a period 7 days before the Saturday nearest 1 August in any year and the Sunday nearest 30 April in the following year;

(c) eels taken in accordance with a commercial licence;

(d) whitebait taken by a whitebait net in accordance with a whitebait licence;

(e) freshwater crayfish taken with a landing net used together with a line to which bait, but no hook, is attached.

(3)  Subregulation (1) does not apply to a person under 16 years of age taking indigenous fish in a coastal lagoon or in any inland waters specified in Schedule 1 using a hand line that –

(a) has not more than 2 hooks or baits; and

(b) is not left unattended.

6.   Ground bait

A person must not –

(a) have possession of or use any ground bait; or

(b) fish within 100 metres of a place in which the person knows that ground bait has been placed within the preceding 14 days.

Penalty:  Fine of not less than 1 penalty unit and not more than 5 penalty units.

7.   Use of equipment

(1)  A person must not take fish using –

(a) more than one rod and line at a time; or

(b) more than 2 lures or 2 baits or 1 lure and 1 bait at a time.

Penalty:  Fine of not less than 1 penalty unit and not more than 5 penalty units and a special penalty of 1 penalty unit for each fish.

(2)  Subregulation (1) does not apply if a person is taking bream in any waters specified in Schedule 2 using no more than –

(a) 2 rods and lines; and

(b) 2 lures or baits on each line.

(3)  The holder of an angling licence may land fish caught on a rod and line with a landing net or gaff consisting of a plain metal hook without a barb or similar device.

8.   Use of other equipment

A person, while fishing, must not –

(a) when using his or her rod and line, have possession of another person's rod and line; or

(b) use a bottle, jar, can or similar object made of plastic, glass or metal in conjunction with a rod or line to warn of movement in the rod and line.

Penalty:  Fine of not less than 1 penalty unit and not more than 5 penalty units.

9.   Possession of equipment

A person, whether or not he or she is the holder of an angling licence, must not have possession of an assembled rod, reel and line, whether or not there is any bait or lure attached to it –

(a) at any place and during any time when the taking of fish is prohibited; or

(b) at any place during any time when the taking of acclimatised fish or indigenous fish is prohibited.

Penalty:  Fine of not less than 1 penalty unit and not more than 5 penalty units.

10.   Unattended equipment

(1)  A person must not take fish in any inland waters using an unattended set rod.

Penalty:  Fine of not less than 1 penalty unit and not more than 5 penalty units and a special penalty of 1 penalty unit for each fish.

(2)  Subregulation (1) does not apply –

(a) to a person if –

(i) the set rod is the only set rod under that person's control; and

(ii) the person is at all times within 8 metres of the set rod and is able to see whether a fish takes the bait and lures; and

(iii) the person is able to take up the set rod when a fish takes the bait and lures; and

(b) to a person who uses a baited line without a hook to take freshwater crayfish.

11.   Possession of crayfish

A person must not –

(a) take or have possession of any female freshwater crayfish; or

(b) have possession of any berry of a freshwater crayfish; or

(c) remove any berry from a freshwater crayfish.

Penalty:  Fine of not less than 3 penalty unit and not more than 10 penalty units and a special penalty of 1 penalty unit for each fish.

12.   Minimum sizes of fish

(1)  A person must not take –

(a) any salmon that is less than 220 millimetres in length; or

(b) any blackfish that is less than 220 millimetres in length; or

(c) any freshwater crayfish that is less than 130 millimetres in length; or

(d) any flounder that is less than 250 millimetres in length; or

(e) any bream that is less than 230 millimetres in length; or

(f) any estuary perch that is less than 230 millimetres in length.

Penalty:  Fine of not less than 1 penalty unit and not more than 5 penalty units and a special penalty of 1 penalty unit for each fish.

(2)  Subregulation (1)(a) does not apply to a person who takes fish in State waters that are not excepted waters.

(3)  The length of fish, other than freshwater crayfish, is to be measured in a straight line from the tip of the snout to the end of the centre of the tail fin.

(4)  The length of a freshwater crayfish is to be measured –

(a) from the rostrum to the end of the carapace; or

(b) if part of the rostrum has been broken off, from the base or part of the rostrum that remains to the end of the carapace.

(5)  Any salmon, blackfish, flounder, estuary perch or bream from which the head or any part of the tail has been removed is taken to be less than the relevant length specified in subregulation (1) unless the part of the fish that remains is not less than 220 millimetres in length.

13.   Bag limits

(1)  A person, on any one day, must not –

(a) take more than a total of 12 blackfish, 12 salmon or a combination of 12 blackfish and salmon; or

(b) continue to take either of those fish if the person already has that total.

Penalty:  Fine of not less than 1 penalty unit and not more than 5 penalty units and a special penalty of 1 penalty unit for each fish.

(2)  A person, on any one day, must not –

(a) take more than a total of 3 male freshwater crayfish; or

(b) continue to take those fish if the person has already taken 3 male freshwater crayfish.

Penalty:  Fine of not less than 1 penalty unit and not more than 5 penalty units and a special penalty of 1 penalty unit for each fish.

(3)  Subregulations (1) and (2) do not apply to a person fishing in State waters that are not excepted waters.

14.   Whitebait limits

The holder of a whitebait licence must not –

(a) take more than one kilogram of whitebait on any one day; or

(b) take more than 10 kilograms of whitebait during the currency of the licence; or

(c) have possession of more than 10 kilograms of whitebait at any one time.

Penalty:  Fine of not less than 1 penalty unit and not more than 5 penalty units and a special penalty of 1 penalty unit for each fish.

15.   Prohibition on taking crayfish

A person must not take any freshwater crayfish at any time in the following waters:

(a) Duck River, and all its tributaries, upstream from the seaward limit of that river;

(b) Emu River, and all its tributaries, upstream from the seaward limit of that river;

(c) Great Forester River, and all its tributaries, upstream from the seaward limit of that river;

(d) Hellyer River, and all its tributaries, upstream from the junction of that river with the Arthur River;

(e) Inglis River, and all its tributaries, upstream from the seaward limit of that river;

(f) Mersey River, and all its tributaries, upstream from the seaward limit of that river.

Penalty:  Fine of not less than 1 penalty unit and not more than 5 penalty units and a special penalty of 1 penalty unit for each fish.

16.   Taking fish from boats

(1)  A person must not take fish using a mechanical propelled boat in the following waters:

(a) Lake Ashford;

(b) Lake Bantic;

(c) Lake Bellinger;

(d) Lake Garcia;

(e) Lake Kara;

(f) Little Pine Lagoon.

Penalty:  Fine of not less than 1 penalty unit and not more than 5 penalty units and a special penalty of 1 penalty unit for each fish.

(2)  A person must not take fish using a boat propelled in any manner other than by oars in the following waters:

(a) Ada Lagoon;

(b) Curries River Dam;

(c) Lake Lea;

(d) Lake Leake.

Penalty:  Fine of not less than 1 penalty unit and not more than 5 penalty units and a special penalty of 1 penalty unit for each fish.

(3)  A person must not take fish by trolling in –

(a) Penstock Lagoon; or

(b) Little Pine Lagoon.

Penalty:  Fine of not less than 1 penalty unit and not more than 5 penalty units.

(4)  A person must not take fish from a boat –

(a) in the channel connecting Ada Lagoon and Lake Ada; or

(b) in any of the Carter Lagoons; or

(c) in any other small lagoon lying between the track from the Augusta Dam to the former Lake Augusta and the course of the river that drains from that lake to that dam when the waters behind the dam are at low levels; or

(d) in the Howes Lagoon Bay.

Penalty:  Fine of not less than 1 penalty unit and not more than 5 penalty units and a special penalty of 1 penalty unit for each fish.

(5)  A person must not take fish from a boat in Brumby Creek, including any impounded water and any tributary or tail-race entering the creek above the uppermost of the 3 weirs on that creek.

Penalty:  Fine of not less than 1 penalty unit and not more than 5 penalty units and a special penalty of 1 penalty unit for each fish.

(6)  A person may take fish from a stationary boat in Weir No. 1 or Weir No. 3 on Brumby Creek.

(7)  A person who is within 100 metres of an angler who is fishing from the bank of a lake or riverbank or by wading must not take fish from a boat that is not securely moored.

Penalty:  Fine of not less than 1 penalty unit and not more than 5 penalty units and a special penalty of 1 penalty unit for each fish.

17.   Use of boats

(1)  A person, in any waters except Lake Crescent, must not –

(a) take an assembled rod, reel and line out on to a lake by means of a boat; and

(b) drop a lure that is attached to that rod, reel and line; and

(c) then return to shore.

Penalty:  Fine of not less than 1 penalty unit and not more than 5 penalty units.

(2)  A person must not take the lure attached to another person's assembled rod, reel and line out on a lake by means of a boat and drop that lure into any waters except Lake Crescent.

Penalty:  Fine of not less than 1 penalty unit and not more than 5 penalty units.

(3)  A person must not use a boat to set and haul a whitebait net in any waters except –

(a) the Pieman River; or

(b) the Derwent River; or

(c) the Huon River; or

(d) the Henty River.

Penalty:  Fine of not less than 1 penalty unit and not more than 5 penalty units.

18.   Use of baits and lures

(1)  A person must not have possession of any live bait or lure that is not wholly artificial at any inland waters specified in subregulation (2) or (3) .

Penalty:  Fine of not less than 1 penalty unit and not more than 5 penalty units.

(2)  A person must only use a bait or lure that is wholly artificial to take fish in the following waters:

(a) Ada Lagoon, the channel connecting Ada Lagoon and Lake Ada and the outlet stream from Ada Lagoon for a distance of 100 metres downstream from the outlet;

(b) Argent Dam, Zeehan;

(c) the canal and waterways leading from Bronte Lagoon and discharging into Brady's Lake;

(d) Brumby Creek and all its tributaries between No. 1 Weir and Saundridge Road;

(e) Dee Lagoon;

(f) Edgar Pond.

(g) Knight's Lagoon;

(h) Lagoon of Islands;

(i) Lake Ada;

(j) Lake Botsford;

(k) Lake Dobson;

(l) Lake Fergus;

(m) Lake Flora;

(n) Lake Gordon;

(o) Lake Kay;

(p) Lake Leake;

(q) Lake O'Dell;

(r) Lake Pedder;

(s) Lake Sorell;

(t) Little Lake, Canal Bay and Tods Corner in the Great Lake;

(u) Monpeelyata Canal, between the Ouse River Weir and Lake Echo;

(v) any waters between the Pine Tier Dam (including Bronte Lagoon) and the canals between that dam and Bronte Lagoon;

(w) Risdon Brook Reservoir;

(x) Rocky Lagoon.

Penalty:  Fine of not less than 1 penalty unit and not more than 5 penalty units and a special penalty of 1 penalty unit for each fish.

(3)  A person must use only an artificial fly as a bait or lure to take fish in the following waters:

(a) Bruisers Lagoon;

(b) Calvert's Lagoon in the municipal area of Clarence;

(c) Carter Lagoons;

(d) Howes Lagoon Bay;

(e) Little Pine Lagoon;

(f) the canal by which water is conveyed from Little Pine Lagoon to the Ouse River;

(g) Penstock Lagoon;

(h) in that portion of No. 1 canal and No. 2 canal conveying water from Shannon Lagoon to Penstock Lagoon below 2 white posts on opposite banks of those canals.

Penalty:  Fine of not less than 1 penalty unit and not more than 5 penalty units and a special penalty of 1 penalty unit for each fish.

(4)  A person who takes fish in any inland waters specified in subregulation (3) must not use a float or sinker in conjunction with an artificial fly.

Penalty:  Fine of not less than 1 penalty unit and not more than 5 penalty units and a special penalty of 1 penalty unit for each fish.

(5)  A person who fishes in any inland waters must not have possession of or use any perch, tench, carp or goldfish, whether alive or dead.

Penalty:  Fine of not less than 3 penalty units and not more than 10 penalty units and a special penalty of 1 penalty unit for each fish.

(6)  A person in any inland waters must not have possession of a device of an electric, electronic, sonic or ultrasonic nature that is capable of being used for the purpose of attracting or influencing the movement of fish.

Penalty:  Fine of not less than 1 penalty unit and not more than 5 penalty units.

19.   Fish not caught by licensee

The holder of a commercial licence or recreational licence must not –

(a) at any inland waters, receive or hide any fish caught by a person who is not the holder of a licence; or

(b) falsely represent that any fish have been caught by the holder of a licence.

Penalty:  Fine of not less than 1 penalty unit and not more than 5 penalty units and a special penalty of 1 penalty unit for each fish.

20.   Use of nets

(1)  A person, on the bank of any inland waters or in or on a boat on any inland waters, must not have possession of or use a net of any description, other than a landing net or a seine net specified in regulation 5(2)(a) .

Penalty:  Fine of not less than 3 penalty units and not more than 10 penalty units.

(2)  Subregulation (1) does not apply to –

(a) a net used only in a tidal river (other than the Ansons River, Scamander River or Swan River) by a person –

(i) on a fishing boat to which a fishing licence (vessel) under the Fisheries Rules 1996 relates; or

(ii) on any other boat or ship in transit to or from any waters beyond the seaward limits of a river; or

(iii) in accordance with a permit issued under the Act; or

(b) the holder of a commercial licence using a fyke net or any other net in accordance with the licence;

(c) the holder of a whitebait licence using a whitebait net in the waters specified in the licence.

21.   Measurement of mesh

Mesh is measured by being stretched diagonally, the average length of 10 adjoining meshes being taken when the diagonally opposite knots touch each other while the mesh is tautly held.

PART 3 - Miscellaneous

22.   Fees

The fees specified in Schedule 3 are prescribed in respect of licences, permits, registrations and registers issued or kept under the Act or these regulations.

23.   Prescribed offences

(1)  The offences specified in column 1 of Schedule 4 are the offences in respect of which infringement notices may be issued.

(2)  The penalties specified in column 2 of Schedule 4 are the penalties to be imposed by infringement notices for offences specified in column 1 of that Schedule.

24.   Rescission

The Inland Fisheries Regulations 1973 are rescinded.

25.   Expiry of regulations

[Regulation 25 Amended by S.R. 1997, No. 51, Applied:14 May 1997] These regulations expire on 30 May 1998.

SCHEDULE 1 - Waters for taking indigenous fish

Regulations 4 and 5

1.   waters of the Arthur River, below the bridge over that river.

2.   waters of the Black River, below the Bass Highway Bridge.

3.   waters of the Blythe River, below 2 white posts on opposite banks of the river, approximately 400 metres above the Bass Highway Bridge.

4.   waters of the Cam River, below 2 white posts on opposite banks of the river, approximately 400 metres above the Bass Highway Bridge.

5.   waters of the Derwent River, below the plaque commemorating the sesquicentenary of the first formed road in Tasmania situated on the Lyell Highway on the western shore of that river approximately 8 kilometres above Granton.

6.   waters of the Detention River, below the Bass Highway Bridge.

7.   waters of the Emu River, below the Bass Highway Bridge.

8.   waters of the Forth River, below the railway bridge at Leith.

9.   waters of the Franklin River, below the Exeter Highway Bridge.

10.   waters of the Huon River, below the bridge at Huonville.

11.   waters of the Inglis River, below Springboard Point.

12.   waters of the Leven River, below the Bass Highway Bridge.

13.   waters of the Mersey River, below the Victoria Bridge at Devonport.

14.   waters of the North Esk River, below the Charles Street Bridge.

15.   waters of the Pieman River, below the line at right angles across the stream from the end of the jetty nearest the mouth on the southern shore to a point on the opposite shore.

16.   waters of the Rubicon River, below the Exeter Highway Bridge.

17.   waters of any other river consisting of estuarine waters.

SCHEDULE 2 - Waters for taking bream

Regulation 7

SCHEDULE 3 - Fees

Regulation 22

PART 1 - Licences and permits

PART 2 - Registration

PART 3 - Registers

SCHEDULE 4 - Infringement notice offences

Regulation 23

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 Environment and Land Management.