Fisheries (Abalone) Rules 1997

Fisheries (Abalone) Rules 1997

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

B. BONDE

Minister for Primary Industry and Fisheries

PART 1 - Preliminary

1.   Short title

These rules may be cited as the Fisheries (Abalone) Rules 1997 .

2.   Commencement

(1)  These rules, except as provided in subrule (2) , take effect on 1 January 1998.

(2)  The provisions of Divisions 1 and 3 of Part 3 take effect on 1 April 1998.

3.   Interpretation

(1)  In these rules –

abalone means fish of the genus Haliotis;

abalone container includes a fishing vessel carrying abalone;

abalone meat means any part of the flesh of an abalone that has been removed from its shell other than –

(a) in the course of cooking or being consumed; or

(b) being processed at processing premises;

abalone quota unit means one-3500^th of the total allowable catch of abalone as determined by the Minister under the Act;

abalone transfer docket means a docket in an approved form relating to abalone that is part of the records required to be kept under the Act;

Act means the Living Marine Resources Management Act 1995 ;

blacklip abalone means fish of the species Haliotis rubra;

closed season means a season or period during which the abalone fishery is closed;

diver's docket means a docket in an approved form relating to abalone that is part of records required to be kept under the Act;

fish merchant means –

(a) the holder of a fish processing licence that specifies abalone; or

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

fishing gear means apparatus;

Furneaux Group means the State waters and land bounded by a line of longitude 147^o30' East in the west, the line of latitude 39^o30' South in the north, the line of longitude 148^o30' East in the east, and the line of latitude 40^o40' South in the south;

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 the penalty specified in regulation 5 of the Penalty Regulations;

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

greenlip abalone means fish of the species Haliotis laevigata;

landed, in relation to abalone, means when any abalone or abalone container –

(a) is taken ashore; or

(b) makes contact with an artificial extension of land after the abalone has been taken;

landing area means an area specified in rule 32 ;

movement report means a report relating to the movement or transport of abalone that is part of records required to be kept under the Act;

mutilated, in relation to abalone, means –

(a) cut, punctured or bruised; or

(b) otherwise damaged so as to cause bleeding;

open season means a season or period during which the abalone fishery is open;

Penalty Regulations means the Fisheries (Penalty) Regulations 1996 ;

post fishing report means a report relating to fishing for abalone that is part of records required to be kept under the Act;

prior fishing report means a report relating to fishing for abalone that is part of records required to be kept under the Act;

processing premises means a place, vessel or vehicle in respect of which a fish processing licence is in force;

receipt report means a report relating to receiving abalone that is part of records required to be kept under the Act;

reporting service means the service approved by the Secretary under rule 21 ;

rock lobster means rock lobster of the genus Jasus;

rock lobster pot means any basket, trap, cage or other contrivance, other than a rock lobster ring, that is designed for use, or is capable of being used, for or in connection with the taking of rock lobster or giant crab;

rock lobster ring means a net consisting only of a single fixed ring or hoop to which a mesh of string or twine is attached that is designed for use, or is capable of being used, for or in connection with the taking of rock lobster.

(2)  Any expression in these rules which is not defined in subrule (1) but is defined in the Act has the meaning as so defined.

4.   Application of rules

These rules apply to the fishery for abalone.

5.   Duration of rules

These rules continue in force until 31 December 1999.

6.   Consultation arrangements

The Minister must consult with the appropriate advisory committee established in relation to the abalone fishery in respect of any changes relating to –

(a) any area where fishing for abalone may occur; and

(b) any matter relating to the characteristics of abalone; and

(c) any opening and closing of the abalone fishery; and

(d) fishing gear; and

(e) limits on taking and possessing abalone.

7.   Classes of fishing licences

For the purposes of these rules, a fishing licence is one of the following classes:

(a) class abalone –

(i) fishing licence (abalone dive); or

(ii) fishing licence (abalone quota);

(b) class recreational, fishing licence (recreational abalone).

PART 2 - Taking and possessing abalone

Division 1 - Restrictions

8.   Total allowable catch

The period during which the total allowable catch may be taken is from 1 January to 31 December in each year.

9.   Closed and open season for abalone

(1)  The Minister, by public notice, may determine –

(a) the dates of the closed season for all or part of the abalone fishery; and

(b) the dates of the open season for all or part of the abalone fishery.

(2)  A person must not take abalone from State waters during the closed season.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

10.   Taking abalone

A person must not take any abalone unless that person –

(a) is the holder of –

(i) a fishing licence (abalone dive); or

(ii) a fishing licence (recreational abalone); or

(b) is an Aborigine undertaking an Aboriginal cultural activity.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

11.   Authority of abalone licences

(1)  A fishing licence (abalone quota) only authorises the holder to have a share of the total allowable catch of abalone which is equal to the number of abalone quota units specified in the licence.

(2)  A fishing licence (abalone dive) only authorises the holder to dive, take and have possession of abalone of a quantity specified in the licence.

12.   Number of fishing licences (abalone dive)

The Minister is to ensure that not more than 125 fishing licences (abalone dive) are in force at the one time.

13.   Restrictions on fishing licence (abalone dive)

(1)  The holder of a fishing licence (abalone dive) –

(a) must not have possession of an abalone that has been removed from its shell unless the holder is not on a fishing vessel and the abalone –

(i) has been taken under a fishing licence (recreational abalone); or

(ii) is being prepared for cooking or is being cooked or consumed; or

(iii) is being or has been processed in processing premises; and

(b) must not take an amount of abalone which exceeds the total amount specified in the licence at the time the abalone are taken; and

(c) must ensure that any abalone taken are landed in Tasmania before the abalone are transported outside State waters; and

(d) must deliver all abalone to the holder of a fish processing licence that specifies abalone; and

(e) must ensure that the abalone, on delivery, are in the shell and in a fresh and wholesome condition and not mutilated; and

(f) must ensure the relevant diver's docket accompanies the abalone.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(2)  The holder of a fishing licence (abalone dive) –

(a) must not take or possess abalone taken under a fishing licence (recreational abalone) while on a fishing vessel that is being used to take, transport or store abalone for commercial purposes; and

(b) must carry a measuring device when diving; and

(c) must measure an abalone with a measuring device as soon as it is detached; and

(d) must immediately replace an undersized abalone; and

(e) must not land abalone without being in possession of a diver's docket at the landing area.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

14.   Restrictions in Furneaux Group

The holder of a fishing licence (abalone dive) must not, during any one day –

(a) take in the Furneaux Group more than 200 kg of abalone; and

(b) have possession of more than 200 kg of abalone in State waters in the Furneaux Group.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

15.   Quantity of abalone

(1)  A person must not –

(a) take more than 10 abalone in any one day, unless the person is the holder of a fishing licence (abalone dive); or

(b) have possession of more than 5 abalone unless the person –

(i) is the holder of a fishing licence (recreational abalone); or

(ii) is undertaking an aboriginal cultural activity; or

(iii) is a person referred to in paragraph (c) ; or

(c) have possession of more than 20 abalone unless the person –

(i) has the third copy of the diver's docket which relates to the abalone; or

(ii) has a receipt relating to the purchase of the abalone from a fish merchant; or

(iii) is the holder of a fishing licence (abalone dive) who has taken the abalone under that licence and the abalone have not been landed.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(2)  Subrule (1)(b) and (c) does not apply if all the abalone are on, or have been taken from, a marine farm by or with the authority of the holder of the marine farming licence or a permit relating to marine farming and have been grown under that licence or permit.

16.   Diving from vessel

A person must not –

(a) dive from, or enter the water from, a fishing vessel or dinghy that is being used to take abalone for commercial purposes unless the person is the holder of a fishing licence (abalone dive); or

(b) being the owner or master of a fishing vessel that is being used to take abalone for commercial purposes, permit any person to dive from, or enter the water from, that fishing vessel or a dinghy used in connection with the vessel unless the person diving or entering the water is the holder of a fishing licence (abalone dive).

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

17.   Restrictions on fishing licence (recreational abalone)

The holder of a fishing licence (recreational abalone) must –

(a) carry a measuring device while taking abalone; and

(b) measure an abalone with the measuring device as soon as it is detached; and

(c) immediately replace undersize abalone; and

(d) bring ashore all abalone above high-water mark before detaching it from the shell.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

18.   Possessing abalone on vessel

(1)  A person must not have possession of –

(a) on any vessel, any abalone that is detached from its shell or processed in any form other than being packed; or

(b) on a fishing vessel that is being used to take, transport or store abalone for commercial purposes, any –

(i) rock lobster pot; or

(ii) rock lobster ring; or

(iii) rock lobster.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(2)  A person must not have possession of, or use, abalone or part of abalone as bait unless authorised under a licence.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

19.   Abalone meat

A person must not have possession of –

(a) any abalone meat, other than greenlip abalone meat, that is less than 90 grams in weight; or

(b) greenlip abalone meat that is less than 70 grams in weight.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

20.   Processing abalone

(1)  The holder of a fish processing licence must not commence the processing of any abalone until at least 15 minutes or any further period as may be specified in the licence have expired after all the abalone to which a diver's docket relates have entered the processing premises.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(2)  The holder of the fish processing licence must ensure that –

(a) during the period referred to in subrule (1) the abalone are kept in a container separate and apart from any other abalone at the processing premises; and

(b) during the period after taking possession of the abalone and before the abalone entered the processing premises the abalone are kept in a separate container apart from any other abalone; and

(c) a copy of the diver's docket in respect of the abalone is securely attached to the container in which the abalone are being kept.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

PART 3 - Reporting

[Commences: 1 April 1998

]

Division 2 - Diver's dockets

27.   Diver's docket

(1)  The holder of a fishing licence (abalone dive) must complete the information relating to fishing in Part A of a diver's docket –

(a) on the day on which the abalone are taken; and

(b) as soon as possible after that day's diving is complete.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(2)  The holder of a fishing licence (abalone dive) must complete Part A of a diver's docket within 4 hours after the abalone are landed.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(3)  The holder of a fishing licence (abalone dive) must complete Part A of a diver's docket –

(a) if the processing premises at which the abalone are to be processed are not located within the landing area, before the abalone leave that landing area; or

(b) if the processing premises at which the abalone are to be processed are located within the landing area, before the abalone enters the premises, place or vehicle; or

(c) in any other case, before the abalone leave the landing area.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(4)  The holder of a fishing licence (abalone dive) must –

(a) send the original of the completed diver's docket to the Secretary within 48 hours after Part B of the diver's docket has been completed; and

(b) retain the first copy of the diver's docket for at least 5 years.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(5)  The holder of a fishing licence (abalone dive) must ensure that any information entered on a diver's docket appears and is maintained in a clear and legible manner on the original and each copy of the diver's docket.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

28.   Taking possession of abalone

(1)  At the time a person takes possession of abalone from the holder of a fishing licence (abalone dive), the person must complete Part B of the original diver's docket that relates to the abalone.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(2)  A person who enters information on Part B of an original diver's docket must ensure that the information appears and is maintained in a clear and legible manner on the original and each copy of the diver's docket.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(3)  A person must not take possession of abalone from the holder of a fishing licence (abalone dive) unless the second and third copies of the diver's docket which relates to the abalone are delivered when the abalone are delivered.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(4)  The person who takes possession of abalone from the holder of a fishing licence (abalone dive) must –

(a) keep the third copy of the diver's docket with the abalone to which it relates until the abalone has been processed; and

(b) forward the second copy of the diver's docket to the Secretary within 48 hours after Part B of the diver's docket is completed; and

(c) retain the third copy of the diver's docket, in good condition, for at least 5 years after the abalone are delivered.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

[Commences: 1 April 1998

]

PART 4 - Miscellaneous

32.   Landing areas

The following are landing areas:

(a) at Great Musselroe Bay, the area within a radius of 200 metres on the landward side from the high tide mark closest to the point of landing in Great Musselroe Bay;

(b) at Bluff Hill Point, the area within a radius of 200 metres on the landward side from the high tide mark closest to the point of landing in Mawson Bay;

(c) at Couta Rocks, the area within a radius of 200 metres on the landward side from the high tide mark closest to the point of landing at Couta Rocks;

(d) at Garden Point near Port Arthur, the area within a radius of 500 metres on the landward side from the high tide mark closest to the launching ramp in Long Bay;

(e) at a place within 5 kilometres of Granville Harbour, the area within a radius of 1 500 metres on the landward side from the high tide mark closest to the point of landing;

(f) at Green Point near Marrawah, the area of Green Point Road to the intersection of Green Point Road and Comeback Road;

(g) at Ocean Beach, the area within a radius of 200 metres on the landward side from the high tide mark closest to the point of landing at Braddon Point;

(h) at Petal Point, the area within a radius of 150 metres on the landward side from the high tide mark closest to the commencement of the access road at the southern end of Lemons Beach;

(i) at South Arm, the area within a radius of 500 metres on the landward side from the high tide mark closest to the launching ramp in Halfmoon Bay;

(j) at Temma, the area within a radius of 200 metres on the landward side from high tide mark closest to the point of landing in Temma Harbour;

(k) at Trial Harbour, the area within a radius of 300 metres on the landward side from the high tide mark closest to the point of landing in Trial Harbour;

(l) at any other place, the area within a radius of 50 metres on the landward side from the high tide mark closest to the point of landing.

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

Notified in the Gazette on 24 December 1997

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