Fisheries (Abalone) Rules 2000

Fisheries (Abalone) Rules 2000

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 (Abalone) Rules 2000 .

2.   Commencement

These rules take effect on the day on which their making is notified in the Gazette.

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 certificate means a certificate issued under rule 16 ;

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;

abalone transfer docket (leaving premises) means a docket referred to in rule 33(1) ;

abalone transfer docket (receipt) means a docket referred to in rule 32(1) ;

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;

eastern blacklip abalone part of the fishery is the part of the commercial abalone fishery involving only blacklip abalone in State waters east of the line of longitude 146°28’55” East at Northdown Beach on the north coast of the mainland of Tasmania and east of the line of longitude 146°52’11” East at Whale Head on the south coast of the mainland of Tasmania;

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;

Franklin Sound means the State waters beginning at Holts Point at 148°2’38” East and 40°15’5” South, then east along the coast of Flinders Island to Pot Boil Point at 148°19’59” East and 40°12’45” South, then south directly to Puncheon Point on Cape Barren Island at 148°19’40” East and 40°17’33” South, then west along the north coast of Cape Barren Island to Prickly Bottom Beach at 148°3’18” East and 40°21’44” South, then north to Holts Point;

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;

greenlip abalone means fish of the species Haliotis laevigata;

greenlip abalone part of the fishery is the part of the commercial abalone fishery involving only greenlip abalone;

holder of a fishing licence (abalone dive) includes a supervisor of such a licence;

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 35 ;

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 23 ;

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;

western blacklip abalone part of the fishery is the part of the commercial abalone fishery involving only blacklip abalone in State waters west of the line of longitude 146°28’55” East at Northdown Beach on the north coast of the mainland of Tasmania and west of the line of longitude 146°52’11” East at Whale Head on the south coast of the mainland of Tasmania.

(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 2004.

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

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.   Closure of Franklin Sound

The waters of Franklin Sound are closed for the taking of greenlip abalone during the following periods:

(a) 10 February 2000 to 31 March 2000;

(b) 1 October in one year to 31 March the following year.

11.   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.

12.   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.

13.   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.

14.   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 not take an amount of abalone from a part of the fishery that exceeds the total amount specified in the licence for that part at the time the abalone are taken; and

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

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

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

(g) 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.

15.   Weight of total allowable catch

(1)  The total allowable catch of abalone in 2000 is to be taken as follows:

(a) 1400 tonnes from the western blacklip abalone part of the fishery;

(b) 1190 tonnes from the eastern blacklip abalone part of the fishery;

(c) 140 tonnes from the greenlip abalone part of the fishery.

(2)  A holder of an abalone quota unit may only authorise a holder of a fishing licence (abalone dive) to take the kilograms of abalone specified in the abalone quota certificate from the part of the fishery specified in that certificate.

16.   Abalone quota certificate

The Secretary may issue a certificate certifying that a holder of abalone quota units may authorise a holder of a fishing licence (abalone dive) to take abalone of a weight specified in the certificate from the part of the fishery specified in the certificate in accordance with rule 15 .

17.   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 completed diver’s docket relating to the abalone with the abalone to which the docket relates; or

(ii) has a receipt relating to the purchase of the abalone from a fish merchant with the abalone to which the receipt relates; 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.

(1)  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.

18.   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.

19.   Restrictions on fishing licence (recreational abalone)

(1)  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.

(2)  Subrule (1)(d) does not apply to the holder of a fishing licence (recreational abalone) if –

(a) the holder only detaches the shell of one abalone per day; and

(b) the holder is on a vessel –

(i) that is registered to carry passengers under a Marine and Safety Tasmania (MAST) survey of Class I or Class II; and

(ii) that is undertaking a charter; and

(iii) the master of which has been authorised by the Secretary to have detached abalone aboard; and

(c) the shell is retained on board the vessel until it returns to port; and

(d) the detached abalone is part of the daily catch and possession limit.

20.   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.

21.   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.

22.   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 after the abalone transfer docket is completed under rule 32 .

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 completed 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

Division 1 - Reports

23.   Reporting service

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

24.   Prior fishing report

(1)  The holder of a fishing licence (abalone dive), not more than 24 hours before entering State waters for the purpose of taking abalone for commercial purposes, must make a prior fishing report to the reporting service.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(2)  On receipt of a prior fishing report from the holder of a fishing licence (abalone dive), the reporting service is to issue to the holder a report receipt number.

25.   Post fishing report

(1)  The holder of a fishing licence (abalone dive) must make a post fishing report to the reporting service –

(a) within 2 hours of landing, if any abalone were not taken; or

(b) within 30 minutes of completing the diver’s docket under rule 29(2) or (3) , if abalone was taken.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(2)  On receipt of a post fishing report from the holder of a fishing licence (abalone dive), the reporting service is to issue to the holder a report receipt number.

26.   Receipt report

(1)  The holder of a fish processing licence, within 15 minutes after the abalone transfer docket is completed under rule 32 , must make a receipt report to the reporting service.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

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

27.   Movement report

(1)  The holder of a fish processing licence, at least 15 minutes before transferring abalone or abalone product, must make a movement report to the reporting service.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

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

28.   Recording and providing report receipt number

A person to whom a report receipt number is issued by a reporting service must –

(a) record that report receipt number; and

(b) provide that report receipt number when required to do so by a fisheries officer.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

Division 2 - Diver’s dockets

29.   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 are located within the landing area, before the abalone enters the premises, place or vehicle; or

(b) 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 pink sheet 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 white copy of the completed 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 pink sheet and each copy of the diver’s docket.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

30.   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 pink sheet of the 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 the pink sheet of the diver’s docket must ensure that the information appears and is maintained in a clear and legible manner on the pink sheet 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 green and yellow copies of the completed 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 yellow copy of the completed diver’s docket with the abalone to which it relates until the abalone has been processed; and

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

(c) retain the yellow copy of the completed 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.

31.   Conflict of interest

(1)  The holder of a fish processing licence who also holds a fishing licence (abalone dive) must not complete Part B of the pink sheet of the diver’s docket in respect of any abalone landed by –

(a) the person as the holder of the fishing licence (abalone dive); or

(b) a person who is a director, shareholder, partner, employer or employee of the holder of the fishing licence (abalone dive).

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(2)  The holder of a fish processing licence must not complete Part B of the pink sheet of the diver’s docket in respect of any abalone processed, received or transported as an employee or contractor of the holder of the fishing licence (abalone dive) who landed the abalone.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(3)  A licence holder referred to in subrule (1) or (2) must ensure that Part B of the diver’s docket is completed by –

(a) a person not specified in those subrules; or

(b) an approved person.

Division 3 - Abalone transfer dockets

32.   Abalone transfer dockets (receipt)

(1)  The holder of a fish processing licence must complete the pink sheet of an abalone transfer docket within 15 minutes after the abalone is received and weighed.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(2)  The holder of a fish processing licence must forward the pink sheet of a completed abalone 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 fish processing licence must keep the yellow copy of the abalone transfer docket at the processing premises for at least 5 years.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

33.   Abalone transfer dockets (leaving premises)

(1)  The holder of a fish processing licence must complete the pink sheet of an abalone transfer docket before any abalone leaves the processing premises.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(2)  The holder of a fish processing licence must forward –

(a) the pink sheet of the completed abalone transfer docket to the Secretary on the day it is completed; and

(b) the white copy of that docket with the abalone to the person receiving the abalone.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(3)  The person receiving the white copy of the abalone transfer docket must keep it for at least 5 years.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(4)  The holder of a fish processing licence must keep the yellow copy of the abalone transfer docket at the processing premises for at least 5 years.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

34.   Records of general information

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 abalone –

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

(ii) that are within the processing premises;

(b) the processed weight of abalone;

(c) the ownership of all abalone on the processing premises;

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

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

PART 4 - Miscellaneous

35.   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 the 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.

36.   Records by holders of fish processing licences

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

(a) in relation to each receipt or purchase of abalone by or on behalf of the holder –

(i) the date of receipt or purchase; and

(ii) the weight of live abalone received or purchased; and

(iii) the actual weight and the number of containers or packages of abalone received or purchased in any other form; and

(iv) the price paid or consideration given for the abalone; and

(v) the name and address of the person from whom the abalone were received or purchased;

(b) in relation to each abalone processing operation carried out by or on behalf of the holder –

(i) the date of processing; and

(ii) the live weight input of abalone; and

(iii) the actual weight input of any other form of abalone processed; and

(iv) the form of output and the weight of each form of output; and

(v) the name and address of the person who supervised the operation;

(c) in relation to each sale or consignment of abalone made by or on behalf of the holder –

(i) the date of the sale or consignment; and

(ii) the weight of live abalone sold or consigned; and

(iii) the weight and any other form of abalone sold or consigned; and

(iv) the price or consideration received for the abalone; and

(v) the name and address of the purchaser or consignee;

(d) the daily stock by weight of abalone held by or on behalf of the holder in Tasmania or elsewhere;

(e) any location at which the abalone are held;

(f) the form and weight of each form of abalone held;

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

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

37.   Records by holders of fishing licence (abalone dive)

The holder of a fishing licence (abalone dive) must make and keep records within Tasmania that enable the following information to be determined in relation to operations conducted under the licence and in relation to business activities arising in connection with those operations:

(a) the date of any sale or consignment of abalone made by or on behalf of the holder;

(b) the exact weight of abalone sold or consigned;

(c) the form of abalone sold or consigned;

(d) the price or consideration received for abalone;

(e) the name and address of the purchaser or consignee of abalone.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

38.   Unauthorised possession of docket book

A person or an agent of a person must not have possession of any of the following unused dockets unless it was issued to the person and the person is the current holder of a fishing licence (abalone dive) or a fish processing licence:

(a) diver’s docket;

(b) abalone transfer docket (receipt);

(c) abalone transfer docket (leaving premises).

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

39.   Return of unused docket book

A person who was the holder of a fishing licence (abalone dive) or a fish processing licence, within 14 days after the expiration or cancellation of the licence, must return to the Secretary the following unused dockets issued to that person:

(a) diver’s dockets;

(b) abalone transfer dockets (receipt);

(c) abalone transfer dockets (leaving premises).

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

40.   Exporting abalone

The holder of a fish processing licence must not export any abalone that has not firstly been taken to a processing premises or other place specified on the licence unless –

(a) the abalone is exported by aircraft; and

(b) an abalone transfer docket is made at least 2 hours before the abalone is exported; and

(c) in respect of the abalone transfer docket (leaving premises) –

(i) the pink sheet is completed before any abalone leaves Tasmania; and

(ii) the white sheet is forwarded by facsimile to the Secretary before the abalone is transported from Tasmania; and

(iii) the yellow sheet accompanies the abalone to which it refers when the abalone is transported from Tasmania.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

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

Notified in the Gazette on 9 February 2000

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