Fisheries (Rock Lobster) Rules 1997

Fisheries (Rock Lobster) Rules 1997

I make the following rules under 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 (Rock Lobster) Rules 1997 .

2.   Commencement

These rules take effect on 1 March 1998.

3.   Interpretation

(1)  In these rules –

Act means the Living Marine Resources Management Act 1995 ;

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

closed season means a season or period during which the rock lobster fishery is closed for fishing;

delivery report means a report relating to the delivery of rock lobster that is part of the records required to be kept under the Act;

D'Entrecasteaux Channel means those waters within the area bounded –

(a) on the south by an imaginary straight line from Point Scott (situated at the entrance of Port Esperance) to the northern point of Partridge Island and the line of longitude 147^o 5' 54" between the southernmost point of Partridge Island and Labillardiere Peninsula on Bruny Island; and

(b) on the north by an imaginary straight line from Dennes Point on Bruny Island to Piersons Point situated on the western shore of the River Derwent;

dhan pole means a pole that –

(a) is more than 3 metres in length; and

(b) is weighted at one end so that it floats vertically; and

(c) has a flag attached to the other end;

dispatch report means a report relating to the dispatch of rock lobster out of the State that is part of the records required to be kept under the Act;

distinguishing mark means a mark allotted under the Fisheries Rules 1996 ;

export means transportation beyond the limits of State waters;

export report means a report relating to the export of rock lobster that is part of the records required to be kept under the Act;

fish cauf means fishing gear used in State waters for holding fish;

fish cauf report means a report relating to placing rock lobster in a fish cauf that is part of the records required to be kept under the Act;

fish merchant means –

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

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

fish processing licence means a fish processing licence that is endorsed under rule 18 ;

fishing gear means apparatus;

fishing trip means a trip undertaken for fishing commencing from departure from port and ending on the return to port;

giant crab means crab of the species Pseudocarcinus gigas;

Grade 1 penalty means the penalty specified in regulation 5 of the Penalty Regulations;

Grade 2 penalty means the penalty specified in regulation 6 of the Penalty Regulations;

Grade 3 penalty means the penalty specified in regulation 7 of the Penalty Regulations;

handling licence means a handling licence that is endorsed under rule 19 ;

holding tank means a tank used to hold rock lobster as authorised under a fishing licence (rock lobster);

leaving port report means a report relating to leaving port with rock lobster that is part of the records required to be kept under the Act;

long distance movement report means a report relating to the movement or transport of rock lobster to a place more than one kilometre from site of unloading that is part of the records required to be kept under the Act;

marine nature reserve means a marine nature reserve referred to in the Fisheries Rules 1996 ;

marker buoy means a buoy referred to in the Fisheries Rules 1996 ;

monitoring report means a report relating to a vessel monitoring system that is part of the records required to be kept under the Act;

octopus means fish of the genus Octopus;

open season means a season or period during which the rock lobster fishery is open for fishing;

Penalty Regulations means the Fisheries (Penalty) Regulations 1996 ;

port of landing means a port specified in Schedule 1 ;

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

quota unit balance means the portion of the total weight or rock lobster quota units specified in a fishing licence that remain uncaught;

receipt means a receipt referred to in the Fisheries Rules 1996 ;

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

recreational fishing gear tag means a tag referred to in the Fisheries Rules 1996 ;

recreational fishing licence means a fishing licence referred to in rule 7(c) ;

reporting service means the service approved by the Secretary under rule 52 ;

River Derwent means the waters upstream of an imaginary line extending from Piersons Point to Dennes Point and from there to Derwent Light and from there to Cape Direction;

rock lobster means rock lobster of the genus Jasus;

rock lobster catch record means a record relating to rock lobster catch that is part of records required to be kept under the Act;

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;

rock lobster pot longline means a line to which more than 2 rock lobster pots are attached;

rock lobster quota docket means a docket relating to rock lobster quota that is part of records required to be kept under the Act;

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;

rock lobster sales receipt means a receipt relating to the sale of rock lobster that is part of the records required to be kept under the Act;

rock lobster transfer docket means a docket relating to rock lobster that is part of records required to be kept under the Act;

sale includes disposal for commercial purposes;

set means to place or attempt to place in State waters;

short distance movement report means a report relating to the movement or transport of rock lobster to a place less than one kilometre from the site of unloading that is part of the records required to be kept under the Act;

spear includes a spear gun and any apparatus with a pointed end;

Taroona waters means Taroona waters as defined in the Fisheries Rules 1996 ;

unloading means the act of taking, casing or permitting fish to be taken from a fishing vessel, fish cauf, holding tank or State waters onto land;

unloading report means a report relating to the unloading of rock lobster that is part of the records required to be kept under the Act;

vessel monitoring system means a system that monitors the position of, and activities on, a vessel.

(2)  Any expression in these rules that 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 rock lobster in State waters.

5.   Duration of rules

These rules continue in force for a period of 3 years.

6.   Consultation arrangements

The Minister must consult with the advisory committees established in relation to the rock lobster fishery and recreational fishery in respect of any changes relating to –

(a) any area where fishing may occur; and

(b) any matter relating to the characteristic of fish; and

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

(d) fishing gear; and

(e) limits on taking and possessing fish.

7.   Classes of fishing licences

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

(a) class personal, fishing licence (personal);

(b) class vessel, fishing licence (vessel);

(c) class recreational –

(i) fishing licence (recreational rock lobster dive); or

(ii) fishing licence (recreational rock lobster pot); or

(iii) fishing licence (recreational rock lobster ring); or

(iv) fishing licence (recreational special rock lobster);

(d) class rock lobster, fishing licence (rock lobster).

PART 2 - General matters

Division 1 - Restrictions on rock lobster

8.   Closed and open season for rock lobster

The Minister, by public notice, may determine –

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

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

9.   Taking and possessing rock lobster during closed season

(1)  A person must not take rock lobster from State waters during the closed season.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(2)  A person must not have possession of rock lobster during the closed season.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(3)  It is a defence to any proceedings under subrule (2) for a person to prove that the rock lobster were taken, bought, sold, in possession or imported into the State during the open season.

10.   Restrictions on female rock lobster

A person must not –

(a) take, buy, sell or have possession of, a female rock lobster having any eggs or spawn attached; or

(b) detach, or otherwise remove, from a female rock lobster any eggs or spawn or the setae or fibres to which any of those eggs are or have been attached; or

(c) have possession of a female rock lobster from which any eggs, spawn, setae or fibres have been detached or otherwise removed.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

11.   Restrictions on rock lobster generally

(1)  A person must not –

(a) take, buy or sell, or have possession of, a soft-shelled rock lobster; or

(b) buy or sell rock lobster that has any portion of the central segment of its tail fan removed; or

(c) use a spear for the taking of rock lobster; or

(d) take more than 5 rock lobster a day unless the person is the holder of a fishing licence (rock lobster).

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(2)  A person must not take rock lobster in Taroona waters.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(3)  A person must not take rock lobster from, or have possession of rock lobster taken from, a marine nature reserve.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(4)  Subrule (3) does not apply to rock lobster taken from State waters within the Maria Island National Park that lie to the east of a line between Cape Boullanger and Cape Bougainville.

(5)  A person must not place a rock lobster pot in any State waters, or take rock lobster from a rock lobster pot, before the pot is hauled to the surface by a hauling line.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

12.   Minimum size of rock lobster

(1)  A person must not take, buy, sell or have possession of –

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

(b) female rock lobster less than 105 millimetres in carapace length.

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

13.   Possession and control of rock lobster

(1)  A person, in State waters, must not –

(a) have possession of rock lobster that is dismembered or cut up; or

(b) have possession of or use a rock lobster pot unless the person is the holder of a fishing licence (recreational rock lobster pot) or a fishing licence (rock lobster).

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(2)  A person must not have possession of more than 5 rock lobster unless the person –

(a) has a receipt verifying the purchase of those rock lobster; or

(b) has a rock lobster sales receipt or rock lobster quota docket verifying the transfer to the person from the holder of a fishing licence (rock lobster); or

(c) is the holder of –

(i) a fishing licence (rock lobster); or

(ii) a fishing licence (recreational rock lobster pot); or

(iii) a fishing licence (recreational rock lobster dive); or

(iv) a fishing licence (recreational rock lobster ring); or

(d) has possession of rock lobster taken as part of undertaking an Aboriginal cultural activity.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(3)  The holder of a fishing licence (recreational rock lobster pot), fishing licence (recreational rock lobster dive) or a fishing licence (recreational rock lobster ring) or a person undertaking an Aboriginal cultural activity must not have possession of more than 10 rock lobster.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(4)  Subrules (2) and (3) do not apply to –

(a) possession of rock lobster at a dwelling if the total number of rock lobster is not more than the aggregate of –

(i) 10 for each holder of a recreational fishing licence and 5 for each other person who resides at the dwelling; and

(ii) a further 10 for each person specified in subrule (5) who usually resides at the dwelling on a permanent basis; or

(b) possession of rock lobster in a vehicle if the total number of rock lobster is not more than the aggregate of –

(i) 10 for each holder of a recreational fishing licence and 5 for each other person who is in that vehicle; and

(ii) a further 10 for each person specified in subrule (5) who is in that vehicle for the period specified in the licence.

(5)  The following are persons specified for the purpose of subrule (4)(a)(ii) and (4)(b)(ii) :

(a) a person who was the holder of a 28-day fishing licence (recreational special rock lobster) not more than 90 days before the alleged offence;

(b) a person who was the holder of a 14-day fishing licence (recreational special rock lobster) not more than 90 days before the alleged offence.

(6)  A person must not have possession of rock lobster in State waters unless the person –

(a) is the holder of –

(i) a fishing licence (rock lobster); or

(ii) a fishing licence (recreational rock lobster dive); or

(iii) a fishing licence (recreational rock lobster pot); or

(b) is undertaking an Aboriginal cultural activity.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(7)  A person must not have possession of rock lobster that is not tagged in accordance with rule 47 or marked in accordance with rule 29 unless the person is the holder of –

(a) a fish processing licence endorsed for rock lobster; or

(b) a fish handling licence endorsed for rock lobster; or

(c) a fishing licence (rock lobster).

14.   Rock lobster as bait

A person, in State waters, must not –

(a) use or permit to be used any portion or all of a rock lobster as bait in a fish trap or a rock lobster pot; or

(b) use, have on a longline or have possession of, any portion or all of a rock lobster for bait.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

15.   Rock lobster tail

(1)  A person, other than the holder of a fish processing licence endorsed for rock lobster, must not sell or have possession of a rock lobster tail unless the person also has possession of the remaining portion of the rock lobster.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(2)  A person must not have possession of a rock lobster tail that measures less than 50 millimetres across the widest point of the anterior end of the tail.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

Division 2 - Rock lobster pots

16.   Configuration of rock lobster pots

(1)  A rock lobster pot must –

(a) have only one neck or entrance; and

(b) comprise only one chamber capable of trapping rock lobster; and

(c) be provided with one or more escape gaps in its side in accordance with subrules (3) and (4) .

(2)  The neck or entrance of a rock lobster pot must be sufficiently large so that a sphere which is not less than 200 millimetres in diameter can pass through the neck or entrance without touching any part of the neck or entrance or any object projecting into the neck or entrance.

(3)  A rock lobster pot must have –

(a) not less than one rectangular escape gap that is –

(i) not less than 57 millimetres high and not less than 400 millimetres wide; and

(ii) located on the side of the pot so that its longer sides are generally parallel to the floor of the pot and its lower internal edge is not more than 150 millimetres above the floor of the pot; or

(b) not less than 2 rectangular escape gaps each of which is –

(i) not less than 57 millimetres high and not less than 200 millimetres wide; and

(ii) so located on the side of the pot so that its longer sides are generally parallel to the floor of the pot and its lower internal edge is not more than 150 millimetres above the floor of the pot.

(4)  An escape gap must be located clear of any obstruction that is likely to restrict the movement of undersize rock lobster through the escape gap or otherwise impinge upon, or effectively reduce, the minimum required internal dimensions of the escape gap.

(5)  A rock lobster pot must have –

(a) horizontal dimensions that are not more than 1 250 millimetres by 1 250 millimetres; and

(b) a vertical height of not more than 750 millimetres.

(6)  A rock lobster pot must not contain any thing likely to entangle rock lobster in the pot.

(7)  A person, in State waters, must not have possession of, or use, a rock lobster pot that does not comply with this rule.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

17.   Use of rock lobster pots in certain places

(1)  A person must not use a rock lobster pot in State waters that are –

(a) in D'Entrecasteaux Channel; or

(b) in the River Derwent; or

(c) west of the line of longitude of the end of the training wall situated at the entrance to Georges Bay, St Helens; or

(d) in a marine nature reserve; or

(e) in Taroona waters; or

(f) within 300 metres of the area known as the Blow Hole on the eastern side of King Island.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(2)  Subrule (1)(d) does not apply to State waters within the Maria Island National Park that lie to the east of a line between Cape Boullanger and Cape Bougainville.

Division 3 - Endorsements

18.   Endorsement of fish processing licence

The holder of a fish processing licence must not have possession of rock lobster for commercial purposes at a place unless the licence is endorsed accordingly.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

19.   Endorsement of handling licence

The holder of a handling licence must not do, or cause or permit to be done, any of the following activities unless the licence is endorsed accordingly:

(a) receive rock lobster from a licensee;

(b) transport or store rock lobster received from a licensee;

(c) have possession of rock lobster for commercial purposes.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

PART 3 - Recreational fishery

20.   Taking rock lobster recreationally

(1)  A person must not take rock lobster for recreational fishing by means of diving or swimming unless the person is the holder of a fishing licence (recreational rock lobster dive).

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(2)  A person must not take rock lobster for recreational fishing by means of a rock lobster pot unless the person is the holder of a fishing licence (recreational rock lobster pot).

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(3)  A person, on and after 1 November 1998, must not take rock lobster for recreational purposes by means of a rock lobster ring unless the person is the holder of a fishing licence (rock lobster ring).

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(4)  A person must not take rock lobster for recreational fishing using fishing gear other than a rock lobster pot, rock lobster ring or a hand line.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

21.   Authority of recreational fishing licences

(1)  A fishing licence (recreational rock lobster dive) only authorises the holder of the licence to take rock lobster by means of diving or swimming for recreational fishing.

(2)  A fishing licence (recreational rock lobster pot) only authorises the holder of the licence to use one rock lobster pot to take rock lobster for recreational fishing.

(3)  A fishing licence (recreational rock lobster ring) only authorises the holder of the licence to use up to 4 rock lobster rings to take rock lobster for recreational fishing.

(4)  A fishing licence (recreational special rock lobster) authorises the holder of the licence to have possession of up to 10 more rock lobster than otherwise authorised under a fishing licence (recreational rock lobster dive) or a fishing licence (recreational rock lobster pot).

22.   Number of recreational fishing licences

A person must not hold more than one of each of the recreational fishing licences specified in rule 7(c)(i) , (ii) or (iii) .

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

23.   Grant of recreational fishing licence

(1)  A fishing licence (recreational special rock lobster) may only be granted to the holder of –

(a) a fishing licence (recreational rock lobster dive); or

(b) a fishing licence (recreational rock lobster pot); or

(c) a fishing licence (recreational rock lobster ring).

(2)  During a period of 12 months starting 1 November in any year, a person may only be granted –

(a) one 28-day fishing licence (recreational special rock lobster); or

(b) two 14-day fishing licences (recreational special rock lobster).

(3)  A recreational fishing licence may be granted or renewed by a person delegated to do so by the Minister under the Act even though the person is not satisfied as to all of the matters specified in section 78 or 81 of the Act.

(4)  The Minister, after 1 October 1998, is not to grant a recreational fishing licence to a person under 10 years of age.

24.   Recreational fishing licence number

(1)  On the issue of a fishing licence (recreational rock lobster pot), a fishing licence (recreational rock lobster pot) or a fishing licence (recreational rock lobster ring), the Secretary is to –

(a) allot a number to the licence; and

(b) advise the holder of the licence of that number.

(2)  On being advised of the licence number, the holder of the licence must –

(a) mark that number legibly and clearly on one of the marker buoys required for any fish cauf or rock lobster pot used under the licence with figures not less than 70 millimetres high and 12 millimetres wide; and

(b) ensure that only marks required under the Fisheries Rules 1996 are on the buoy; and

(c) attach the buoy securely to the fish cauf or rock lobster pot to which the licence relates; and

(d) maintain the number in a clear and legible condition.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

25.   Recreational fishing gear tag

(1)  The Secretary is to issue to the holder of a fishing licence (recreational rock lobster pot) a tag for any fishing gear to be used under the licence.

(2)  The holder of a fishing licence (recreational rock lobster pot) must not use any fishing gear under that licence unless the recreational fishing gear tag issued for that gear is attached to the gear so that it is clearly visible on the surface of the water when the gear is in use.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(3)  If a fishing gear tag relating to a fishing licence (recreational rock lobster pot) is lost or destroyed –

(a) the holder of the licence may use the fishing gear without a tag for 14 days after the date on which the tag was lost or destroyed if a buoy attached to the fishing gear is clearly marked with that date; and

(b) the Secretary, if satisfied that the tag has been lost or destroyed, and on payment of the prescribed fee, may issue a new tag if the holder of the licence presents the licence to the Secretary.

26.   Aboriginal cultural activity gear tag

(1)  The Secretary may issue to a person who intends to undertake any Aboriginal cultural activity a tag for any rock lobster pot to be used for that activity.

(2)  A person issued with a tag under subrule (1) must not undertake any Aboriginal cultural activity unless the tag issued for that rock lobster pot is attached to the pot so that the tag is clearly visible on the surface of the water when the gear is in use.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

27.   Restrictions on fishing licence (recreational rock lobster dive)

The holder of a fishing licence (recreational rock lobster dive) must not –

(a) place a rock lobster in a rock lobster pot in any State waters, or take rock lobster from a rock lobster pot, before the pot is hauled to the surface by a hauling line; or

(b) take or have possession of rock lobster during a fishing trip when fishing for commercial purposes is being carried out under the authority of another licence.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

28.   Restrictions on fishing licence (recreational rock lobster pot)

(1)  The holder of a fishing licence (recreational rock lobster pot) must not have possession of or use in State waters –

(a) more than one rock lobster pot; or

(b) any rock lobster pot during a fishing trip when fishing for commercial purposes is being carried out.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(2)  The holder of a fishing licence (recreational rock lobster pot) must not set in State waters a rock lobster pot for more than 48 hours at a time unless the person by notice in writing or by facsimile transmission satisfies a fisheries officer that the person is unable to retrieve the pot because of –

(a) adverse weather conditions; or

(b) mechanical breakdown of, or structural damage to, the fishing vessel from which the rock lobster pot was set; or

(c) illness of the person.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

29.   Marking of rock lobster

A person who takes rock lobster other than under a fishing licence (rock lobster) must ensure that –

(a) the central segment of the tail fan of the rock lobster is marked by –

(i) punching in it a hole of not less than 10 millimetres in diameter; or

(ii) removing the posterior quarter of the central segment of the tail fan by a transverse cut so that only the anterior three-quarters of the central segment remains attached; and

(b) the rock lobster is marked –

(i) if the rock lobster is caught by any means and placed on a fishing vessel, within 5 minutes of being brought to the vessel and before returning to shore; or

(ii) if the rock lobster is caught by any means from the shore, within 5 minutes of landing and within 50 metres of the place of landing.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

30.   Restrictions on fishing licence (recreational rock lobster ring)

(1) The holder of a fishing licence (recreational rock lobster ring) must not have possession of or use in State waters –

(a) more than 4 rock lobster rings; or

(b) a rock lobster ring greater than 1 metre in diameter; or

(c) a rock lobster ring during a fishing trip while fishing for commercial purposes.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

31.   Use of fish cauf

A person must not use a fish cauf for rock lobster taken by recreational fishing unless –

(a) the person is the holder of –

(i) a fishing licence (recreational rock lobster dive); or

(ii) a fishing licence (rock lobster pot); or

(iii) a fishing licence (rock lobster ring); and

(b) the fish cauf is marked with a yellow buoy that has the number of the licence clearly marked on it; and

(c) the rock lobster are marked in accordance with rule 29 .

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

PART 4 - Commercial fishery

Division 1 - Rock lobster

32.   Taking rock lobster commercially

A person must not take any rock lobster for commercial purposes unless –

(a) the person is the holder of a fishing licence (rock lobster); and

(b) the rock lobster is taken by means of a rock lobster pot.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

33.   Number of fishing licences (rock lobster)

The Minister is to ensure that not more than 320 fishing licences (rock lobster) are in force at the one time.

34.   Authority of fishing licence (rock lobster)

A fishing licence (rock lobster) only authorises the holder to –

(a) take the weight of rock lobster equivalent to the number of rock lobster quota units specified in the licence; and

(b) take rock lobster for sale; and

(c) use the number of rock lobster pots specified in the licence; and

(d) use the fishing vessel specified in the licence; and

(e) take or have possession of up to 100 kilograms of octopus in State waters; and

(f) have possession of 10 or less giant crabs in State waters.

35.   Restrictions on fishing licence (rock lobster)

(1)  The holder of a fishing licence (rock lobster) must not, in State waters, use, carry or have possession of, or cause any other person to use, carry or have possession of, rock lobster pots exceeding the number specified in the licence.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(2)  The holder of a fishing licence (rock lobster) must not take more than the weight specified in the total number of rock lobster quota units specified in the licence.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

36.   Grant and renewal of fishing licence (rock lobster)

(1)  The Minister, subject to section 78 of the Act, is to grant a fishing licence (rock lobster) to a person applying for that licence if the person held such a licence as at the previous 28 February.

(2)  The holder of a fishing licence (rock lobster) may apply to the Minister for the renewal of the licence.

(3)  The Minister, on payment of the prescribed fee, is to renew a fishing licence (rock lobster) if satisfied that the holder of the licence has not been convicted of any offence under the Commonwealth Act or an Act of another State or Territory of the Commonwealth which the Minister considers relevant to the holding of a licence.

(4)  If the Minister is not satisfied as required under subrule (3) , the Minister may –

(a) renew the licence subject to any condition the Minister considers appropriate; or

(b) refuse to renew the licence.

37.   Restrictions on setting rock lobster pot

(1)  The holder of a fishing licence (rock lobster) must not, in State waters, use, carry or have possession of any rock lobster pot if the quota unit balance in relation to that licence is zero kilograms.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(2)  Subrule (1) does not apply to a person who carries or has possession of any rock lobster pot on a fishing vessel if the fishing vessel –

(a) was in port or on a mooring; and

(b) was not undertaking a fishing trip.

(3)  Subrule (1) does not apply to the holder of a fishing licence (recreational rock lobster pot) who uses one rock lobster pot under that licence.

(4)  A person must not set or use in State waters more than 10 rock lobster pots attached to one line.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(5)  A person must not use, set or have possession of a rock lobster pot on a fishing vessel in State waters during the closed season.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(6)  Subrule (5) does not apply to a person who has possession of a rock lobster pot on a fishing vessel if the fishing vessel –

(a) was returning to a port of landing within 48 hours after the start of the closed season; or

(b) was departing from a port within 48 hours before the start of the open season.

(7)  The holder of a fishing licence (rock lobster) must not set in State waters a rock lobster pot for more than 48 hours at a time unless the person by notice in writing or by facsimile transmission satisfies a fisheries officer that the person is unable to retrieve the pot because of –

(a) adverse weather conditions; or

(b) mechanical breakdown of, or structural damage to, the fishing vessel from which the rock lobster pot was set; or

(c) illness of the person.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(8)  A person must not set in State waters a rock lobster pot longline for more than 5 days at a time unless the person –

(a) is the holder of a fishing licence (rock lobster); and

(b) is in charge of the fishing vessel from which the rock lobster pot longline was set; and

(c) by notice in writing or by facsimile transmission satisfies a fisheries officer that the person is unable to retrieve the longline because of –

(i) adverse weather conditions; or

(ii) mechanical breakdown of, or structural damage to, the fishing vessel; or

(iii) illness of the person or a member of the crew of the fishing vessel.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(9)  A person may set a rock lobster pot after 6 p.m. on the day before the start of an open season.

38.   Marker buoys on pots and longlines

(1)  A person must not use a rock lobster pot in State waters unless a marker buoy is attached on a line long enough for the buoy to float on the surface of the water.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(2)  A person must not set or use a rock lobster pot longline in State waters unless –

(a) a marker buoy is attached at each end on a line long enough for each buoy to float on the surface of the water; and

(b) a dhan pole is attached at each end of the rock lobster pot longline; and

(c) the water is at least 150 metres deep.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(3)  A person must not set a rock lobster pot unless a marker buoy is marked in accordance with the Fisheries Rules 1996 .

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(4)  A person must ensure that any marker buoy used in connection with a rock lobster pot or longline –

(a) is marked clearly and legibly with the number of rock lobster pots attached to the rock lobster pot longline; and

(b) is maintained in good condition.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(5)  The holder of a fishing licence (rock lobster) must not, in State waters, have possession of any device designed to conceal a marker buoy under the surface.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

39.   Rock lobster pot tag

(1)  The Secretary is to issue to the holder of a fishing licence (rock lobster) a tag for any pot to be used under the licence.

(2)  The holder of a fishing licence (rock lobster) must not set or use a rock lobster pot unless a tag issued for that pot is attached to the marker buoy so that it is clearly visible on the surface of the water when the pot is in use.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(3)  If a tag relating to a fishing licence (rock lobster) is lost or destroyed, the holder of the licence is to advise the Secretary in an approved manner –

(a) of that fact: and

(b) the number of any replacement tag before use.

(4)  A person must not use a tag that –

(a) has been reported lost or stolen; or

(b) was not issued to that person.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

Division 2 - Rock lobster quota units

40.   Taking rock lobster in accordance with rock lobster quota units

(1)  The holder of a fishing licence (rock lobster) must not take any rock lobster unless the number of rock lobster quota units is specified in the licence.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(2)  The number of rock lobster quota units to be specified in a licence is to be at least 15 and not more than 100.

41.   Period of total allowable catch

(1)  The period during which the total allowable catch may be taken is the period starting 1 March in any year and ending on 28 or 29 February, as applicable, in the following year.

(2)  The Minister, after 1 January 1999, is to allocate the total allowable catch determined for any subsequent year starting on 1 March on the basis of the number of rock lobster quota units specified in the fish licence (rock lobster) as at 15 February immediately before that date.

42.   Endorsement relating to quota units

Any entitlement to rock lobster quota units is to be specified as an endorsement on a fishing licence (rock lobster).

43.   Limit on quota units and licences

The holder of a fishing licence (rock lobster) must not receive any payment or benefit in kind in, or hold –

(a) more than a total of 200 rock lobster quota units; and

(b) more than 7 separate fishing licences (rock lobster).

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

44.   Deduction for excess

The Minister is to ensure that any quantity of rock lobster taken under a fishing licence (rock lobster) in excess of the quantity specified in the licence is deducted from the quota unit balance for the following year as follows:

(a) for a quantity of 20 kilograms or less, a deduction equivalent to the amount of the quantity taken;

(b) for a quantity greater than 20 kilograms and not more than 45 kilograms, a deduction equivalent to one and a half times the quantity taken;

(c) for a quantity greater than 45 kilograms and not more than 7 kilograms, a deduction equivalent to 2 times the quantity taken.

45.   Quota unit balance

(1)  The holder of a fishing licence (rock lobster) must not take rock lobster for commercial purposes if the quota unit balance in relation to that licence is zero kilograms or less.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(2)  The holder of a fishing licence (rock lobster) must keep records on the vessel showing the quota unit balance for the licence after each unloading and before the commencement of a fishing trip.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

Division 3 - Sales

46.   Sale to unlicensed person

(1)  The holder of a fishing licence (rock lobster), unless otherwise authorised under the licence, must not sell or transport for sale more than 5 rock lobster within a 24 hour period to a person who is not the holder of a handling licence or a fish processing licence.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(2)  The holder of a fishing licence (rock lobster) who sells 5 or less rock lobster to a person who is not the holder of a handling licence or a fish processing licence must –

(a) give a rock lobster sales receipt to the person to whom the lobster is sold before the rock lobster is removed from the vessel; and

(b) record the number and weight of rock lobster sold on the rock lobster quota docket.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

47.   Tagging of rock lobster

(1)  A person must not sell or have possession of rock lobster for consumption in the State unless the rock lobster is tagged –

(a) on the horn that is on the left side of the head when the head is facing away from the person and the lobster is the right way up; and

(b) with a tag approved by the Secretary.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(2)  Subrule (1) does not apply in respect of possession of rock lobster to –

(a) the holder of a fishing licence (rock lobster) who has possession of the rock lobster in State waters; or

(b) the holder of a fish processing licence or handling licence who is transporting, processing, holding or storing the rock lobster; or

(c) the holder of a recreational fishing licence who has possession of the rock lobster marked in accordance with rule 29 ; or

(d) a person who has possession of less than 5 rock lobster taken by the means of recreational fishing and marked in accordance with rule 29 ; or

(e) a person undertaking an Aboriginal cultural activity.

(3)  The holder of a fishing licence (rock lobster) must not sell 5 or less rock lobster to a person who is not the holder of a fish processing licence or a handling licence unless, before the rock lobster leaves the vessel, the rock lobster is tagged –

(a) on the horn referred to in subrule (1)(a) ; and

(b) with a tag approved by the Secretary.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(4)  The holder of a fish processing licence must tag any rock lobster sold for consumption in Tasmania before the rock lobster leave the processing premises.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(5)  The holder of a fish handling licence must tag any rock lobster sold for consumption in Tasmania before the rock lobster leave the possession of the holder.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(6)  The Secretary is to –

(a) arrange for the issue of rock lobster tags; and

(b) ensure that a rock lobster tag is stamped with a number.

(7)  A rock lobster tag is not transferable.

(8)  A person must not fasten a rock lobster tag to more than one rock lobster.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(9)  A person must not use a rock lobster tag more than once.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

Division 4 - Miscellaneous

48.   Unloading at port of landing

(1)  The holder of a fishing licence (rock lobster) must not unload rock lobster at any place other than a specified port of landing.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(2)  Subrule (1) does not apply if –

(a) the holder of fishing licence (rock lobster) places rock lobster from a fishing vessel into a fish cauf in accordance with rule 50 ; or

(b) the licence is endorsed with alternative conditions relating to unloading and rock lobster are unloaded in accordance with those conditions.

49.   Transfer of rock lobster from one vessel to another vessel

The holder of a fishing licence (rock lobster) must not transfer or cause or permit to be transferred any rock lobster from one fishing vessel to another fishing vessel or other vessel.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

50.   Fish caufs for commercial purposes

(1)  The holder of a fishing licence (rock lobster) must not place any rock lobster in a fish cauf or holding tank unless the licence is endorsed for the use of the fish cauf or holding tank.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(2)  The holder of a fishing licence (rock lobster) must mark the fish cauf with a marker buoy in accordance with the Fisheries Rules 1996 .

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(3)  The holder of a fishing licence (rock lobster) who removes rock lobster from a fish cauf or holding tank must comply with rule 54 .

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(4)  The holder of a fishing licence (rock lobster) must not move a fish cauf from the location specified in the licence.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

51.   Number of pots

(1)  The holder of a fishing licence (rock lobster), in State waters, must not use or have possession of rock lobster pots on a fishing vessel in excess of the number specified in Schedule 2 according to the length and tonnage of the vessel as specified in the licence relating to that vessel.

(2)  The Minister is to ensure that the number of pots that may be used from a fishing vessel as specified in a fishing licence (rock lobster) does not exceed the number referred to in subrule (1) .

PART 5 - Reporting

Division 1 - Notification

52.   Reporting service

The Secretary may approve a service as a service that may require reports under this Part.

53.   Leaving port report

(1)  The holder of a fishing licence (rock lobster) must make a leaving port report to the reporting service at least 2 hours before leaving a port of landing with rock lobster on board a fishing vessel.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(2)  The holder of a fishing licence (rock lobster) must not leave a port of landing with rock lobster on board a fishing vessel unless a leaving port report has been made under this rule.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(3)  On receipt of the leaving port report from the holder of a fishing licence (rock lobster), the reporting service is to issue to the holder a report receipt number.

(4)  Subrules (1) and (2) do not apply to the holder of a fishing licence (rock lobster) who has entered a port of landing but has not unloaded rock lobster since the previous unloading.

54.   Unloading report

(1)  The holder of a fishing licence (rock lobster) must make an unloading report to the reporting service at least 2 hours before unloading any rock lobster.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(2)  The holder of a fishing licence (rock lobster) must not unload any rock lobster unless an unloading report has been made.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(3)  Subrules (1) and (2) do not apply to the holder of a fishing licence (rock lobster) who only unloads up to 3 dead rock lobster in a fishing trip if the rock lobster are marked in accordance with rule 29 .

(4)  On receipt of the unloading report from the holder of a fishing licence (rock lobster), the reporting service is to issue to the holder a report receipt number.

(5)  Subrule (1) does not apply to the holder of a fishing licence (rock lobster) who unloads rock lobster in any of the following circumstances:

(a) the possibility of rock lobster dying because of significant changes in the water quality due to unforeseen circumstances necessitates immediate unloading;

(b) the safety of the fishing vessel requires the rock lobster to be unloaded immediately;

(c) the rock lobster are to be placed in a fish cauf;

(d) the licence is endorsed to allow alternative arrangements for unloading and rock lobster are unloaded in accordance with those conditions.

(6)  The holder of a fishing licence (rock lobster) referred to in subrule (5)(a) , (b) or (c) must make an unloading report within 30 minutes of the unloading.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

55.   Fish cauf report

(1)  The holder of a fishing licence (rock lobster) must make a fish cauf report to the reporting service at least 1 hour before placing any rock lobster in a fish cauf.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(2)  The holder of a fishing licence (rock lobster) must not place any rock lobster into a fish cauf unless a fish cauf report has been made.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(3)  On receipt of the fish cauf report from the holder of a fishing licence (rock lobster), the reporting service is to issue to the holder a report receipt number.

56.   Long distance movement report

(1)  The holder of a fish processing licence or a handling licence must make a long distance movement report to the reporting service in respect of the movement or transport of any rock lobster before it leaves the immediate proximity of a fishing vessel from which the rock lobster were unloaded if the destination is at a point more than one kilometre from that site.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(2)  The holder of a fish processing licence or handling licence required to make a report under subrule (1) must not move or transport any rock lobster from the immediate proximity of a fishing vessel from which the rock lobster were unloaded unless a long distance movement report has been made.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(3)  On receipt of the long distance movement report from the holder of a fish processing licence or handling licence, the reporting service is to issue to the holder a report receipt number.

57.   Short distance movement report

(1)  The holder of a fish processing licence or handling licence must make a short distance movement report to the reporting service in respect to the movement or transport of any rock lobster to premises less than one kilometre from the site of unloading immediately after the rock lobster are weighed and counted.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(2)  The holder of a fish processing licence or handling licence must not place any rock lobster into tanks or other storage where they are not identifiable as being from the same unloading for 30 minutes after the short distance movement report is made.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(3)  On receipt of the short distance movement report from the holder of a fish processing licence or handling licence, the report service is to issue to the holder a report receipt number.

(4)  Subrules (1) and (2) do not apply if –

(a) the fish processing licence or handling licence is endorsed for alternative arrangements for reporting the movement or transport of rock lobster; and

(b) those rock lobster are transported in accordance with those conditions.

58.   Receipt report

(1)  The holder of a fish processing licence or handling licence must make a receipt report to the reporting service within 15 minutes after receiving any rock lobster at a place more than one kilometre from the site of unloading.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(2)  The holder of a fish processing licence or handling licence must not receive or place into storage any rock lobster unless a receipt report is made.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(3)  On receipt of a receipt report from the holder of a fish processing licence or handling licence, the reporting service is to issue to the holder a report receipt number.

59.   Dispatch report

(1)  The holder of a handling licence must make a dispatch report to the reporting service at least 2 hours before dispatching any rock lobster out of the State.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(2)  The holder of a handling licence must not dispatch rock lobster out of the State unless a dispatch report has been made.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(3)  On receipt of a dispatch report from the holder of a handling licence, the reporting service is to issue the holder a report receipt number.

60.   Delivery report

(1)  The holder of a fish processing licence must make a delivery report to the reporting service 2 hours before accepting delivery of rock lobster from a person –

(a) who is not the holder of a fishing licence (rock lobster); or

(b) who holds a fish processing licence; or

(c) who holds a fish handling licence.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(2)  The Secretary may extend the time referred to in subrule (1) .

(3)  The holder of a fish processing licence must not accept the delivery of any rock lobster from a person referred to in subrule (1) unless a delivery report has been made under this rule.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(4)  On receipt of a delivery report from the holder of a fish processing licence, the reporting service is to issue to the holder a report receipt number.

61.   Provision of receipt number

A person to whom a report receipt number is issued by a reporting service must provide that number when required to do so by a fisheries officer.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

Division 2 - Dockets

62.   Rock lobster quota docket – Part A

(1)  The holder of a fishing licence (rock lobster) must complete Part A of the original copy of a rock lobster quota docket before any rock lobster leaves the site of unloading.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(2)  Subrule (1) does not apply to the holder of a fishing licence (rock lobster) who only unloads up to 3 dead rock lobster in a fishing trip if the rock lobster are marked in accordance with rule 29 .

63.   Rock lobster quota docket – Part B

The holder of a fish processing licence or handling licence must complete Part B of the original copy of a rock lobster quota docket before any rock lobster leaves the site of unloading.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

64.   Completed rock lobster quota docket

(1)  The holder of a fishing licence (rock lobster) must –

(a) send the original copy of the completed rock lobster quota docket to the Secretary within 48 hours after the rock lobster is unloaded; and

(b) keep the triplicate copy of the completed rock lobster quota docket for at least 5 years.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(2)  The driver of the vehicle transporting the rock lobster must ensure that the duplicate copy of the completed rock lobster quota docket is carried with the consignment of the rock lobster.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(3)  The person receiving the rock lobster must keep the duplicate copy of the completed rock lobster quota docket at the processing premises for at least 5 years.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

65.   Rock lobster transfer dockets (receipt)

(1)  The holder of a fish processing licence must complete the original copy of a rock lobster transfer docket within 15 minutes after the rock lobster is received and weighed.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(2)  The holder of a fish processing licence must forward the original copy of a completed rock lobster transfer docket to the Secretary on the day it is completed.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(3)  The holder of a processing licence must keep the triplicate copy of the rock lobster transfer docket at the processing premises for at least 5 years.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

66.   Rock lobster transfer dockets (leaving premises)

(1)  The holder of a fish processing licence must complete the original copy of a rock lobster transfer docket before any rock lobster leaves the processing premises.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(2)  The holder of a handling licence must complete the original copy of a rock lobster transfer docket before the rock lobster is exported.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(3)  The holder of a fish processing licence or handling licence must forward –

(a) the original copy of the completed rock lobster transfer docket to the Secretary by facsimile or electronic data transmission before any rock lobster leaves the processing premises; and

(b) the duplicate copy of that docket with the rock lobster to the person receiving the rock lobster.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(4)  The person receiving the duplicate copy of the rock lobster transfer docket must keep it for at least 5 years.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(5)  The holder of a fish processing licence must keep the triplicate copy of the rock lobster transfer docket at the processing premises for at least 5 years.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(6)  The holder of a handling licence must keep the triplicate copy of the rock lobster transfer docket for at least 5 years.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

Division 3 - Records

67.   Records of general information

(1)  The holder of a fish processing licence must keep records relating to the following matters:

(a) the amount of stock of live, partially processed or finished product of rock lobster –

(i) that has entered or left the processing premises; and

(ii) that are within the processing premises;

(b) the processed weight of rock lobster if the finished product is in the form of tails;

(c) the ownership of all rock lobster on the processing premises;

(d) any other matter specified as a condition of the licence.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(2)  The holder of a fish handling licence must keep records relating to the following matters:

(a) the amount of rock lobster handled;

(b) any other matter specified as a condition of the licence.

68.   Record of lobster catch

The holder of a fishing licence (rock lobster) must complete the rock lobster catch record on each day during which fishing occurs.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

PART 6 - Vessel monitoring system

69.   Fitting of vessel monitoring system

(1)  The Secretary, by notice in writing served on the holder of a fishing licence (rock lobster), may direct the holder to fit a vessel monitoring system onto a specified fishing vessel.

(2)  The holder of a fishing licence (rock lobster) must comply with the direction.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(3)  The holder of a fishing licence (rock lobster) must ensure that a vessel monitoring system fitted on a fishing vessel –

(a) is of a type approved by the Secretary; and

(b) is operating at all times, unless the Secretary approves any other arrangement.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

70.   Test message

The Secretary is to arrange for a test message to be sent each day at a specified time to a fishing vessel fitted with a vessel monitoring system.

71.   Cessation of operation of vessel monitoring system

(1)  After fitting a vessel monitoring system, the holder of a fishing licence (rock lobster) must provide the Secretary with the name and address of a person the Secretary is to contact if the Secretary considers that the system has ceased to operate.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(2)  If the Secretary considers that a vessel monitoring system has ceased to operate, the Secretary is to notify the person named under subrule (1) that the vessel monitoring unit is not operating.

(3)  A person contacted by the Secretary under subrule (2) must immediately advise the holder of the fishing licence (rock lobster) that the vessel monitoring system is not operating.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(4)  The holder of a fishing licence (rock lobster) notified that the vessel monitoring system is not operating must –

(a) immediately make a monitoring report to the reporting service; and

(b) make a monitoring report every 6 hours until the vessel monitoring system is operational or until the port of landing is reached.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

SCHEDULE 1 - Ports of landing

Rule 3(1)

1.   The following are ports of landing:

(a) north west region –

(i) Bluff Hill Point;

(ii) within 200 metres of Couta Rocks;

(iii) the public wharf at Currie Harbour;

(iv) Devonport;

(v) within 200 metres of Granville Harbour;

(vi) the public unloading wharf at Grassy Harbour;

(vii) the public unloading wharf at Smithton;

(viii) Fisherman's Wharf at Stanley;

(ix) Fisherman's Wharf and Strahan Fisheries Wharf at Strahan;

(x) within 200 metres of Temma Harbour;

(xi) Fisherman's Wharf at Wynyard;

(b) north east region –

(i) Waubs Bay ramp at the public wharf at Bicheno;

(ii) the boat ramp at Binalong Bay;

(iii) the public wharf at Bridport;

(iv) the public wharf at George Town;

(v) Killiecrankie;

(vi) the public wharf at Lady Barron;

(vii) North East River;

(viii) the public wharf, Pike's Jetty and Finger Pier at St Helens;

(ix) the public wharf at Whitemark;

(c) southern region –

(i) the public wharf at Coles Bay;

(ii) the public wharf at Dover;

(iii) Blackman Bay Wharf at Dunalley;

(iv) public wharf at Eaglehawk Neck;

(v) Gordon Jetty;

(vi) Macquarie Wharf and Victoria Dock at Hobart;

(vii) public wharf at Kettering;

(viii) North West Bay Marina and Tas Seafoods Wharf at Margate;

(ix) the public wharf at Nubeena;

(x) the public wharf at Port Arthur;

(xi) the public wharf at Recherche Bay;

(xii) the public wharf at Southport;

(xiii) the town wharf and deepwater wharf at Triabunna;

(xiv) the public wharf at Woodbridge.

SCHEDULE 2 - Number of pots

Rule 51

PART 1 - Number of pots according to length of vessel

PART 2 - number of pots according to tonnage of vessel

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

Notified in the Gazette on 10 November 1997

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