Fisheries (Commercial Dive) Rules 1999

Fisheries (Commercial Dive) Rules 1999

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

D. E. LLEWELLYN

Minister for Primary Industries, Water and Environment

PART 1 - Preliminary

1.   Short title

These rules may be cited as the Fisheries (Commercial Dive) Rules 1999 .

2.   Commencement

These rules take effect on 1 January 2000.

3.   Interpretation

(1)  In these rules –

abalone means fish of the genus Haliotis;

Act means the Living Marine Resources Management Act 1995 ;

dinghy means a boat that is used, or capable of being used, as an auxiliary boat to a fishing vessel;

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;

Penalty Regulations means the Fisheries (Penalty) Regulations 1996 ;

rock lobster means rock lobster of the genus Jasus;

rock lobster pot means any basket, trap, cage or other contrivance, or any of its component parts (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 ring means a net consisting only of a single fixed rope 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 all fishing in State waters.

5.   Duration of rules

These rules continue in force until 31 December 2000.

6.   Consultation arrangements

The Minister is to consult with the appropriate advisory committee established in relation to the fisheries referred to in these rules 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 fisheries; and

(d) fishing gear; and

(e) limits on taking and possessing fish.

PART 2 - Commercial Dive Fishery

7.   Taking fish by diving

A person must not take fish in State waters for commercial purposes by diving or swimming unless that person is the holder of a fishing licence (commercial dive).

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

8.   Authority of fishing licence (commercial dive)

A fishing licence (commercial dive) only authorises the holder to dive in State waters to take fish, other than abalone or rock lobster, for commercial purposes.

9.   Possession of rock lobster, abalone

A person, in State waters, must not have possession of a rock lobster pot, rock lobster ring, rock lobster or abalone on a fishing vessel that is being used for the taking of fish for commercial purposes by the holder of a fishing licence (commercial dive) under that licence.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

10.   Diving from vessel

A person, in State waters, must not dive from, or enter the water from, a fishing vessel or dinghy that is being used for or in connection with the taking of fish by the holder of a fishing licence (commercial dive) unless the person is the holder of a fishing licence (commercial dive).

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

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

Notified in the Gazette on 22 December 1999

These rules are administered in the Department of Primary Industries, Water and Environment.