Fisheries (Scalefish) Rules 1998

Fisheries (Scalefish) Rules 1998

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

B. BONDE

Minister for Primary Industry and Fisheries

PART 1 - Preliminary

1.   Short title

These rules may be cited as the Fisheries (Scalefish) Rules 1998 .

2.   Commencement

(1)  Rules 10 , 11 , 13 , 14 , 34 , 36 , 38 , 39 , 41 , 42 , 43 , 46 , 51 , 56 , 57 , 60 , 63 , 67 , 68 , 70 , 71 , 72 , 74 , 77 , 78 , 79 , 80 , 81 , 82 , 83 , 84 , 85 , 86 , 87 , 88 , 89 , 90 , 91 , 92 , 93 , 111 , 112 , 115 , 117 , 118 and 119 take effect on 1 November 1998.

(2)  The remaining provisions of these rules take effect on 1 July 1998.

3.   Interpretation

In these rules, unless the contrary intention appears –

Act means the Living Marine Resources Management Act 1995 ;

Australian salmon means a fish of the genus Arripis;

automatic hook baiting and setting gear means any device which baits and sets hooks automatically;

bait net means an encircling net not exceeding 20 metres in length and 2 metres in depth with a mesh size of not more than 20 millimetres;

bait trap means a trap that –

(a) is no more than 500 millimetres long, 350 millimetres wide and 250 millimetres high; and

(b) has an entrance not exceeding 65 millimetres; and

(c) has a mesh size not less than 10 millimetres and not more than 40 millimetres;

banded morwong means fish of the species Cheilodactylus spectabilis;

bastard trumpeter means fish of the species Latridopsis forsteri (also known as silver trumpeter);

beach seine net means an encircling net that –

(a) has a bag or bunt; and

(b) has a mesh size of at least 30 millimetres; and

(c) is not pursed or drawn through rings into the shape of a bag;

Blackman Bay means the waters within the area bounded –

(a) in the west by the western entrance of the Denison Canal; and

(b) in the east by an imaginary straight line from the southern extreme of Long Spit then due east to the opposite shore of Little Chinaman Bay;

board trawl net means a netting bag or bag-like net with a mesh size of at least 90 millimetres that –

(a) has a mouth held open by trawl doors or warps or by a combination of them; and

(b) is drawn along by a fishing vessel;

bream means fish of the genus Acanthopagrus;

cast net means a circular or elliptical net that has –

(a) a leaded footline around the circumference with a diameter no more than 6 metres; and

(b) a mesh size of at least 30 millimetres;

catch history means the history of the amount of scalefish caught under the authority of a licence;

catch year means a period starting on 1 June in one year and ending on 31 May in the following year;

closed season means the season or period during which all or part of the scalefish fishery is closed;

commercial fishing licence means a fishing licence specified in rule 7(a) , (b) , (c) , (d) , (e) , (g) and (h) ;

commercial graball net means a graball gillnet used for taking scalefish for commercial purposes;

Commonwealth authority means any licence, permit, right or other authority relating to a specific fishery granted under the Commonwealth Act;

Danish seine net means a netting bag or bag-like net with a mesh size of at least 70 millimetres that –

(a) has a mouth held open by trawl doors or warps or by a combination of them; and

(b) is drawn along by a fishing vessel;

demersal longline means a longline that is weighted to the seabed or riverbed;

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

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

(b) in 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;

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

dipnet means a hand-held net used to catch scalefish that –

(a) is attached to a frame so that the maximum length across the net is one metre; and

(b) has a mesh size greater than 20 millimetres;

[Rule 3 Amended by No. 17 of 1996, Applied:01 Jan 2000] distinguishing mark means a mark allotted under the Fisheries Rules 1999 ;

dropline means a line that –

(a) has more than 5 hooks attached to it; and

(b) is set vertically with one end weighted and the other end attached to a line or buoy;

East Coast waters means the waters within 3 nautical miles of any part of the east coast of the State between Seaford Point and an imaginary line from Cape Bougainville to Cape Boullanger on Maria Island;

encircling net (also known as a surround net or seine net) means a net that –

(a) is used to surround or partly surround fish; and

(b) is used for taking fish;

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

fishing gear means apparatus;

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

fish trap means a trap –

(a) the measurements of which do not exceed 2 metres by one metre by 2 metres; and

(b) that has a mesh size greater than 25 millimetres; and

(c) that has a fixed rectangular entrance that does not exceed 57 millimetres in width and 250 millimetres in height;

flathead means fish of the family Platycephalidae;

flounder means fish of the families Bothidae and Pleuronectidae;

flounder net means a graball net that has –

(a) a mesh size exceeding 125 millimetres; and

(b) a net depth not exceeding 12 meshes;

Frederick Henry Bay and Norfolk Bay means the waters within an imaginary straight line between North-West Head and Cape Contrariety;

garfish means fish of the family Hemiramphidae;

Georges Bay means the waters enclosed west of an imaginary straight line between Grants Point and St Helens Point;

gillnet (also known as a set net) means a net that is –

(a) a graball net; or

(b) a mullet net; or

(c) a shark net; or

(d) a small mesh gillnet; or

(e) a special small mesh gillnet;

graball net means a single mesh net with a mesh size of at least 100 millimetres and not more than 140 millimetres that –

(a) has a loaded bottom line; and

(b) is intended to be set with its bottom line on the seabed or riverbed;

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;

Great Oyster Bay means the waters enclosed north of an imaginary straight line from the southern extremity of Freycinet Peninsula to Seaford Point;

gummy shark means fish of the species Mustelus antarcticus;

headline length means the length of a net as measured under rule 105 ;

hook includes –

(a) a lure; and

(b) any jig that is not a squid jig;

Inglis River waters means the waters of the Inglis River upstream of an imaginary straight line from the seaward extremity of the breakwater on the northern shore of the river to the seaward extremity of the breakwater on the southern shore of the river, including those waters within 100 metres of that line;

jackass morwong (also known as perch) means fish of the species Nemadactylus macropterus;

lampara net means an encircling net that –

(a) is used from a fishing vessel; and

(b) is not pursed or drawn through rings;

landing net means a hand-held net used to take or land scalefish that is attached to a frame so that the maximum length across the net is not more than 600 millimetres;

leatherjacket means fish of the family Monocanthidae;

long snouted boarfish means fish of the species Pentaceropsis recurvirostris;

longline means a line, other than a dropline, that has more than 50 hooks attached to it;

mackerel means fish of any of the following species:

(a) Trachurus declivis (commonly known as jack mackerel);

(b) Trachurus murphyi (commonly known as Peruvian jack mackerel);

(c) Trachurus novaezelandiae (commonly known as yellowtail mackerel);

(d) Emmelichthys nitidus (commonly known as redbait);

(e) Scomber australasicus (commonly known as blue mackerel);

mackerel licence means –

(a) a fishing licence (mackerel A); or

(b) a fishing licence (mackerel B);

Macquarie Harbour means the waters upstream of an imaginary straight line from Macquarie Heads to the opposite shore;

marker buoy means a buoy marked in accordance with these rules;

Mercury Passage means the waters bounded in the north by an imaginary straight line from Cape Bougainville to Cape Boullanger and in the south by an imaginary straight line from Cape Peron to Cape Bernier;

mullet means fish of the family Mugilidae;

mullet net means a single mesh net with a mesh size of at least 60 millimetres and not more than 70 millimetres that –

(a) has a loaded bottom line; and

(b) is intended to be set with its bottom line on the seabed or riverbed;

north east region means the region from Point Sorell eastward and southward to the northern end of Friendly Beaches, including Flinders Island;

north west region means the region from Low Rocky Point northward and eastward to Point Sorell, including King Island;

offshore waters means State waters that are not –

(a) coastal waters; or

(b) within the limits of the State;

open season means the season or period during which the scalefish fishery is open;

pelagic trawl net means a netting bag or bag-like net with a mesh size of at least 90 millimetres that –

(a) has a mouth held open by trawl doors or warps or by a combination of them; and

(b) is drawn along by a fishing vessel and does not make contact with the seabed;

Penalty Regulations means the Fisheries (Penalty) Regulations 1996 ;

Pittwater means the waters upstream of an imaginary straight line from Sandy Point to Tiger Head;

Port Sorell means the waters upstream of an imaginary straight line from Griffiths Point in the east to Taroona Point in the west at the southern extremity of Hawley Beach;

purse seine net means an encircling net that –

(a) is used from a fishing vessel; and

(b) is pursed or drawn through rings into the shape of a bag;

recreational gillnet means a gillnet used for recreational fishing;

recreational graball net means a graball net used for recreational fishing;

recreational mullet net means a mullet net used for recreational fishing;

River Derwent means the waters upstream from an imaginary straight line from Dennes Point to Cape Direction;

River Leven waters means the waters of the Leven River upstream of an imaginary straight line from the most seaward extremity of the breakwater located on each side of the river mouth, including those waters within 100 metres seaward of that line;

River Mersey waters means the waters of the Mersey River and its tributaries upstream from an imaginary straight line from the seaward extremity of the breakwater located on the west side of the river mouth to the first beacon located on the east side of the river mouth, including those waters within 100 metres seaward of that line;

River Tamar means the waters upstream from an imaginary straight line from Low Head to West Head;

scalefish means the following fish:

(a) fish of the superclass Agnatha;

(b) fish of the order Amphioxiformes;

(c) fish of the superclass Pisces;

(d) fish of the superclass Tetrabranchiata;

(e) [Rule 3 Amended by No. 17 of 1996, Applied:17 Feb 1999] molluscs of the orders Sepioidea and Teuthoidea;

(f) crustaceans of the suborder Nantantia;

scalefish licence means a fishing licence specified in rule 7(d) ;

school shark (also known as snapper shark) means fish of the species Galeorhinus galeus;

seine net includes a beach seine net, a lampara net and a purse seine net;

shark means school shark or gummy shark;

shark net means a single mesh net with a mesh size of at least 150 millimetres and not more than 165 millimetres that –

(a) has a loaded bottom line; and

(b) is intended to be set with its bottom line on the seabed or riverbed;

shark nursery waters means the following:

(a) Blackman Bay;

(b) D'Entrecasteaux Channel;

(c) East Coast waters;

(d) Frederick Henry Bay and Norfolk Bay;

(e) Georges Bay;

(f) Great Oyster Bay;

(g) Mercury Passage;

(h) Pittwater;

(i) Port Sorell;

(j) River Derwent;

(k) River Tamar;

silver trevally means fish of the species Pseudocaranx dentex;

small mesh gillnet means a single mesh net with a mesh size of at least 75 millimetres and not more than 100 millimetres that –

(a) has a loaded bottom line; and

(b) is intended to be set with its bottom line on the seabed or riverbed;

southern region means the region from the northern end of Friendly Beaches southward and westward to Low Rocky Point;

spear includes –

(a) a spear gun; and

(b) any apparatus with a pointed end;

special small mesh gillnet means a single mesh net with a mesh size of at least 70 millimetres and not more than 100 millimetres that –

(a) has a loaded bottom line; and

(b) is intended to be set with its bottom line on the seabed or riverbed;

[Rule 3 Amended by No. 17 of 1996, Applied:17 Feb 1999] squid means molluscs of the order Teuthoidea;

squid jig means a baited or artificial lure with one or more sets of barbless pointed hooks or spikes used to take squid;

striped trumpeter means fish of the species Latris lineata;

sunrise means –

(a) in November, December and January in any year, 4.00 a.m. Australian Eastern Standard Time; and

(b) in February, March, April, September and October in any year, 5.00 a.m. Australian Eastern Standard Time; and

(c) in May, June, July and August in any year, 7.00 a.m. Australian Eastern Standard Time;

sunset means –

(a) in November, December and January in any year, 8.00 p.m. Australian Eastern Standard Time; and

(b) in February, March, April, September and October in any year, 7.00 p.m. Australian Eastern Standard Time; and

(c) in May, June, July and August in any year, 5.00 p.m. Australian Eastern Standard Time;

Taroona waters means the waters of the River Derwent within 800 metres of the shore at Crayfish Point, Taroona bounded by an imaginary line that –

(a) commences at a point on the high-water mark on the River Derwent at the prolongation of Nubeena Crescent; and

(b) continues south-easterly for a distance of approximately 800 metres; and

(c) continues southerly and south-westerly and parallel to and distant 800 metres from that high-water mark to a point on a line joining Piersons Point with the public boat ramp on the foreshore at Taroona; and

(d) continues from that ramp by the high-water mark to the point of commencement;

trawl net means a net, whether fitted with a whiting codend or not, which is –

(a) a Danish seine net; or

(b) a board trawl net; or

(c) a pelagic trawl net;

warehou means fish of the species Seriolella brama;

whiting codend means a codend that has a mesh of at least 42 millimetres for a length not exceeding 400 meshes;

wrasse means fish of the genus Notolabrus.

4.   Application of rules

(1)  Subject to subrule (2) , these rules apply to the fishery for scalefish other than –

(a) the use of a trawl net for commercial purposes; or

(b) the taking of scalefish for commercial purposes by diving or swimming underwater; or

(c) fishing under the authority of a mackerel licence; or

(d) fishing for commercial purposes in offshore waters unless fishing under the authority of a fishing licence (rock lobster).

(2)  Division 3 of Part 7 apply to the activities referred to in subrule (1) .

5.   Duration of rules

These rules continue in force until 1 October 2001.

6.   Consultation arrangements

The Minister must 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.

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 seine –

(i) fishing licence (purse seine net); or

(ii) fishing licence (beach seine A); or

(iii) fishing licence (beach seine B);

(d) class scalefish –

(i) fishing licence (scalefish A); or

(ii) fishing licence (scalefish B); or

(iii) fishing licence (scalefish C); or

(iv) fishing licence (rock lobster);

(e) class species –

(i) fishing licence (banded morwong); or

(ii) fishing licence (wrasse); or

(iii) fishing licence (Australian salmon);

(f) class recreational –

(i) fishing licence (recreational beach seine); or

(ii) fishing licence (recreational graball); or

(iii) fishing licence (recreational mullet net);

(g) class shark –

(i) fishing licence (shark gillnet); or

(ii) fishing licence (shark hook);

(h) class small mesh gillnet, fishing licence (small mesh gillnet).

8.   Closed and open season for scalefish

The Minister, by public notice, may determine –

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

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

PART 2 - Commercial fisheries

Division 1 - Licences

9.   Fishing for commercial purposes

A person must not take scalefish for commercial purposes unless the person is the holder of a –

(a) fishing licence (vessel) and a fishing licence (personal); or

(b) fishing licence (personal) endorsed accordingly; or

(c) fishing licence (personal) who takes scalefish –

(i) with no more than 10 hooks; and

(ii) without motor assistance or the use of a fishing vessel.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

10.   Fishing licence (banded morwong)

A person must not take for commercial purposes banded morwong unless the person is the holder of a fishing licence (banded morwong).

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

11.   Fishing licence (wrasse)

(1)  A person must not sell live wrasse unless the person is the holder of a fishing licence (wrasse).

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(2)  Subrule (1) does not apply to wrasse possessed for sale by the holder of a receipt relating to the purchase of the wrasse.

(3)  The holder of a fishing licence (personal) must not, in State waters, have possession of live or dead wrasse of a total weight exceeding 30 kilograms unless the person –

(a) is the holder of a fishing licence (wrasse); or

(b) is the holder of a fishing licence (rock lobster) using wrasse as bait.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(4)  The holder of a fishing licence (personal) must not take wrasse of a total weight exceeding 30 kilograms in one day unless the person is the holder of a –

(a) fishing licence (wrasse); or

(b) fishing licence (rock lobster) using wrasse as bait.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

12.   Selling banded morwong and wrasse

(1)  A person must not sell during the period starting on 1 July 1998 and ending on 31 October 1998 live banded morwong or live wrasse unless the person is the holder of a fishing licence (personal) endorsed accordingly.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(2)  The holder of a fishing licence (personal), during the period starting on 1 July 1998 and ending on 31 October 1998, must not have possession of live banded morwong or live wrasse on land or in a fish cauf unless the licence is endorsed to sell the fish.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(3)  Subrules (1) and (2) do not apply to banded morwong or wrasse processed or displayed for sale in live condition by the holder of a receipt relating to the purchase of the fish.

13.   Taking fish by purse seine net

A person must not take scalefish using a purse seine net unless the person is the holder of –

(a) a fishing licence (purse seine net); or

(b) a fishing licence (Australian salmon).

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

14.   Taking fish by lampara net

A person must not take scalefish using a lampara net unless the person is the holder of a fishing licence (purse seine net).

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

15.   Taking and possessing shark

A person must not, in State waters –

(a) take more than 2 sharks or shark carcasses unless the person is the holder of a fishing licence (vessel); or

(b) have possession of more than 2 sharks or shark carcasses unless the person –

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

(ii) has an appropriate Commonwealth authority; or

(c) take or have possession of more than 5 sharks or shark carcasses unless the person is the holder of –

(i) a fishing licence (shark gillnet); or

(ii) a fishing licence (shark hook); or

(iii) a fishing licence (rock lobster).

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

16.   Use of certain gillnets

A person must not, on a fishing vessel in State waters, have possession of a shark net unless the person –

(a) is the holder of a fishing licence (shark gillnet); or

(b) has an appropriate Commonwealth authority.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

17.   Possession of certain sharks

A person who is carrying a shark net on a fishing vessel in State waters must not have possession of more than 5 sharks or shark carcasses unless the person –

(a) is the holder of a fishing licence (shark gillnet); or

(b) has an appropriate Commonwealth authority.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

18.   Taking sharks by gillnet

The holder of a fishing licence (shark gillnet) must not take more than 5 sharks other than by means of a gillnet unless the person –

(a) is the holder of a fishing licence (shark hook); and

(b) takes the shark in accordance with the fishing licence (shark hook).

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

19.   Shark gillnet

The holder of a fishing licence (shark gillnet) must not, on a fishing vessel in State waters, have possession of more shark nets than the number specified on the licence.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

20.   Taking sharks by hook

The holder of a fishing licence (shark hook) must not take more than 5 sharks other than by means of a hook unless the person –

(a) is the holder of a fishing licence (shark gillnet); and

(b) takes the shark in accordance with the fishing licence (shark gillnet).

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

21.   Possessing or using nets

(1)  On and after 1 November 1998, a person must not, in State waters, have possession of or use a graball net unless the person is the holder of –

(a) a fishing licence (scalefish A); or

(b) a fishing licence (scalefish B); or

(c) a fishing licence (scalefish C); or

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

(e) a fishing licence (recreational graball); or

(f) a fishing licence (personal) endorsed accordingly.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(2)  A person, during the period starting on 1 July 1998 and ending on 31 October 1998, must not, in State waters, have possession of or use a graball net unless the person is the holder of a –

(a) fishing licence (recreational graball); or

(b) fishing licence (vessel); or

(c) fishing licence (personal) endorsed accordingly.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(3)  A person must not, in State waters, have possession of or use a mullet net unless the person is the holder of a fishing licence (recreational mullet net).

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(4)  A person, during the period starting on 1 July 1998 and ending on 31 October 1998, must not, in State waters, have possession of or use a beach seine net unless the person is the holder of a –

(a) fishing licence (recreational beach seine); or

(b) fishing licence (personal) endorsed accordingly; or

(c) fishing licence (vessel).

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(5)  On and after 1 November 1998, a person must not, in State waters, have possession of or use a beach seine net unless the person is the holder of a –

(a) fishing licence (beach seine A); or

(b) fishing licence (beach seine B); or

(c) fishing licence (personal) endorsed accordingly; or

(d) fishing licence (recreational beach seine); or

(e) fishing licence (Australina salmon).

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

22.   Taking fish by small mesh gillnet

A person must not carry on a fishing vessel or use a small mesh gillnet unless the person is the holder of a –

(a) fishing licence (small mesh gillnet); or

(b) fishing licence (personal) endorsed accordingly and a scalefish licence.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

23.   Use of fishing gear

(1)  A person, in State waters, must not carry on a fishing vessel or use any fishing gear to take scalefish –

(a) otherwise than under the authority of the appropriate licence or Commonwealth authority; or

(b) in excess of that authorised under that licence or authority.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(2)  Subrule (1) does not apply to a person taking scalefish for recreational purposes by fishing gear that does not require a fishing licence.

Division 2 - Fishing gear allocation

24.   Fishing licence (scalefish A)

A fishing licence (scalefish A) authorises the holder to carry on a fishing vessel or use at one time only a maximum of –

(a) 1 000 metres in length of graball net; and

(b) 200 hooks; and

(c) 2 fish traps.

25.   Fishing licence (scalefish B)

A fishing licence (scalefish B) authorises the holder to carry on a fishing vessel or use at one time only a maximum of –

(a) 500 metres in length of graball net; and

(b) 200 hooks; and

(c) 2 fish traps.

26.   Fishing licence (scalefish C)

A fishing licence (scalefish C) authorises the holder to carry on a fishing vessel or use at one time only a maximum of –

(a) 150 metres in length of graball net; or

(b) 200 hooks; or

(c) one fish trap.

27.   Fishing licence (rock lobster)

A fishing licence (rock lobster) authorises the holder to carry on a fishing vessel or use at one time only a maximum of –

(a) 150 metres in length of graball net; and

(b) 200 hooks; and

(c) 2 fish traps.

28.   Fishing licence (small mesh gillnet)

A fishing licence (small mesh gillnet) authorises the holder of the licence to carry on a fishing vessel or use at one time only –

(a) [Rule 28 Amended by No. 17 of 1996, Applied:17 Feb 1999] 600 metres in length of small mesh gillnet; and

(b) small mesh gillnets each of which is 200 metres in length or less.

29.   Fishing licence (purse seine net)

A fishing licence (purse seine net) authorises the holder to carry on a fishing vessel or use at one time only –

(a) purse seine nets, the total headline length of which does not exceed 600 metres; or

(b) lampara nets, the total headline length of which does not exceed 600 metres; or

(c) purse seine nets and lampara nets, the total combined headline length of which does not exceed 600 metres.

30.   Fishing licence (beach seine)

(1)  A fishing licence (beach seine A) authorises the holder to carry on a fishing vessel or use at one time only beach seine nets the total headline length of which does not exceed 600 metres.

(2)  A fishing licence (beach seine B) authorises the holder to carry on a fishing vessel or use at one time only beach seine nets the total headline length of which does not exceed 150 metres.

31.   Fishing licence (vessel)

During the period starting on 1 July 1998 and ending on 31 October 1998, a fishing licence (vessel) authorises the holder to carry on a fishing vessel or use at one time only the following:

(a) 1 000 metres in length of graball net;

(b) 200 hooks;

(c) 2 fish traps;

(d) beach seine nets with a combined headline length not exceeding 600 metres;

(e) squid jigs;

(f) dipnets;

(g) spears;

(h) landing nets.

32.   Authority of fishing licence (shark gillnet)

A fishing licence (shark gillnet) authorises the holder to –

(a) carry on a fishing vessel or use only the number of shark nets specified in the licence; and

(b) take an unlimited number of sharks using those shark nets.

33.   Authority of fishing licence (shark hook)

A fishing licence (shark hook) authorises the holder to take –

(a) sharks only by means of hooks; and

(b) an unlimited number of sharks using those hooks.

34.   Use of dipnets, squid jigs and spears

(1)  A person who is the holder of all of the following licences is authorised to carry on a fishing vessel or use squid jigs, one hand-held dipnet and hand-held landing nets to take scalefish:

(a) a fishing licence (vessel);

(b) a fishing licence (personal);

(c) a fishing licence (scalefish C).

(2)  A person who is the holder of all of the following licences is authorised to carry on a fishing vessel or use squid jigs, 2 hand-held dipnets and hand-held landing nets to take scalefish:

(a) a fishing licence (vessel);

(b) a fishing licence (personal);

(c) a fishing licence (rock lobster).

(3)  A person who is the holder of a licence other than a licence specified in subrule (1) or (2) or rule 7(f) is authorised to carry on a fishing vessel or use squid jigs, hand-held dipnets, hand-held landing nets and spears to take scalefish.

35.   Carrying hooks

The holder of a fishing licence (shark hook), on a fishing vessel in State waters, must not have possession of more than –

(a) the number of hooks authorised by a Commonwealth authority held by that person that allows the use of more than 1 000 hooks; or

(b) 1 000 hooks, in any other case.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

35A.   Traps and hooks

[Rule 35A Inserted by S.R. 1999, No. 24, Applied:07 Apr 1999] The holder of both a fishing licence (wrasse) and a fishing licence (scalefish C) may carry on a fishing vessel or use at one time –

(a) up to 2 fish traps; and

(b) up to 10 hooks authorised by the fishing licence (scalefish C) if any fish traps are carried on that vessel or used at one time.

Division 3 - Australian salmon

36.   Carrying Australian salmon

(1)  A person must not carry on a fishing vessel or land at one time Australian salmon of a total weight exceeding 500 kilograms unless the person is the holder of a fishing licence (Australian salmon) or a fishing licence (personal) endorsed accordingly.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(2)  The holder of a fishing licence (personal) may carry on a fishing vessel an unlimited amount of Australian salmon in addition to the 500 kilograms specified in subrule (1) if –

(a) that amount of Australian salmon is frozen and packed in boxes; or

(b) the person has purchased that Australian salmon.

37.   Authority of fishing licence (Australian salmon)

A fishing licence (Australian salmon) authorises the holder to take Australian salmon only using beach seine nets and purse seine nets having –

(a) a headline length not exceeding 600 metres; and

(b) a mesh size of at least 30 millimetres.

38.   Taking Australian salmon in certain waters

(1)  The holder of a fishing licence (Australian salmon) must not take Australian salmon using fishing gear authorised by the licence in any of the following waters:

(a) the waters of –

(i) Blackman Bay; and

(ii) River Derwent; and

(iii) Frederick Henry Bay and Norfolk Bay from a line extending from Cape Deslacs to the southern end of Sloping Island and thence to Black Jack Point; and

(iv) Port Sorell; and

(v) River Tamar;

(b) within 500 metres of the shore at low-water mark at Swimcart Beach between Cosy Corner and Round Hill Point between 1 December in one year and 31 March in the following year;

(c) within one nautical mile of the low-water mark between Point Sorell, Hawley near Devonport and west about to North Point, Stanley;

(d) the waters of Great Oyster Bay north of an imaginary straight line between Webber Point and Fleurieu Point from 1 January to 31 March in any year;

(e) the waters enclosed eastward and northward of an imaginary straight line from the Coles Bay boat ramp to the eastern edge of the quarry on the northern side of The Hazards between Rulla Creek and Malunna Creek.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(2)  The holder of a fishing licence (Australian salmon) must not take Australian salmon of a total weight of 500 kilograms or more using fishing gear that is not authorised by the licence.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

39.   By-catch

(1)  The holder of a fishing licence (Australian salmon) using fishing gear authorised by the licence must not take and carry on a fishing vessel fish of any species, other than Australian salmon, of a total weight exceeding 50 kilograms unless the holder –

(a) is also the holder of one of the following licences:

(i) fishing licence (purse seine net);

(ii) fishing licence (beach seine A);

(iii) fishing licence (beach seine B); and

(b) uses fishing gear authorised by those licences.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(2)  Subrule (1) does not apply to taking jack mackerel and silver trevally.

Division 4 - Endorsements

40.   Endorsement of fishing licences

(1)  The Secretary may endorse a fishing licence authorising –

(a) the use of specified fishing gear in specified waters; or

(b) the taking, possession or sale of specified species or kinds of fish.

(2)  The holder of a fishing licence that is endorsed under subrule (1) must take scalefish in accordance with the licence as endorsed.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

41.   Small mesh gillnet endorsement

(1)  The holder of a fishing licence (personal) that is endorsed for the use of a small mesh gillnet –

(a) must not carry on a fishing vessel or use –

(i) more than 600 metres of small mesh gillnet; or

(ii) a small mesh gillnet that exceeds 200 metres in length; or

(iii) a combined length of small mesh gillnet and graball net that exceeds the length authorised for gillnet in shark nursery waters if any graball net is carried on the fishing vessel or used in addition to any small mesh gillnet; or

(iv) a combined length of small mesh gillnet and graball net that exceeds the length of graball net authorised by a scalefish licence operated by that holder if any graball net is carried on the fishing vessel or used in addition to any small mesh gillnet; or

(b) must not use any graball net if any small mesh gillnet has been set in waters that are not shark nursery waters; or

(c) must not use any small mesh gillnet if any graball net has been set in waters that are not shark nursery waters.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(2)  The holder of a fishing licence (personal) that is endorsed for the use of small mesh gillnet only in waters other than shark nursery waters must not carry on a fishing vessel or use any graball net at the same time as carrying or using a small mesh gillnet.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

42.   Special small mesh gillnet endorsement

The holder of a fishing licence (personal) that is endorsed for the use of a special small mesh gillnet must not carry on a fishing vessel or use –

(a) special small mesh gillnet that exceeds –

(i) the length as specified in the endorsement; or

(ii) the length of graball net authorised by a scalefish licence operated by that holder; or

(b) a combined length that exceeds the length of graball net authorised by a scalefish licence operated by that holder if any graball net and special small mesh gillnet are carried or used at the same time.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

43.   Small mesh and special small mesh gillnet endorsement

The holder of a fishing licence (personal) that is endorsed for the use of a small mesh gillnet and special small mesh gillnet must not carry on a fishing vessel or use any small mesh gillnet or special small mesh gillnet at the same time, the combined length of which exceeds the length of graball net authorised by a scalefish licence operated by that holder.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

44.   Beach seine net endorsement

The holder of a fishing licence (personal) that is endorsed for the use of beach seine net who is not the holder of a fishing licence (vessel) must not –

(a) use more than one 50-metre beach seine net; or

(b) use any fishing vessel to operate the net or carry the catch.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

45.   Graball net endorsement in shark nursery waters

The holder of a scalefish licence must not use more graball net in shark nursery waters than the length authorised by that licence.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

46.   Gillnet endorsement in shark nursery waters

(1)  The holder of a fishing licence (personal) that is endorsed for the use of gillnet in shark nursery waters must not in shark nursery waters use –

(a) more gillnet than specified in the endorsement; or

(b) more gillnet than the length of graball net authorised by a scalefish licence operated by that holder.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(2)  Subrule (1)(b) does not apply if the gillnet is small mesh gillnet used in accordance with these rules.

Division 5 - Miscellaneous matters

47.   Buoy marks

(1)  The holder of a fishing licence (vessel) must mark or cause to be marked legibly and clearly the distinguishing mark on the main buoy attached to the hauling line of every fish trap and fish cauf used in connection with the fishing vessel.

Penalty:  Fine not exceeding the applicable Grade 1 penalty.

(2)  The holder of a fishing licence (vessel) must provide for a fish trap used in connection with the fishing vessel, in addition to the main buoy, a buoy –

(a) marked with the letters "F.T."; and

(b) attached to the hauling line of that fish trap within one metre of the main buoy.

Penalty:  Fine not exceeding the applicable Grade 1 penalty.

(3)  A distinguishing mark made for the purposes of subrule (1) or (2) must be at least 70 millimetres in height and at least 12 millimetres in width.

(4)  The holder of a fishing licence (vessel) must –

(a) maintain the distinguishing marks referred to in subrules (1) and (2) in a clear and legible condition; and

(b) ensure that the buoys bear only the distinguishing marks referred to in this rule.

Penalty:  Fine not exceeding the applicable Grade 1 penalty.

48.   Use of dinghies

(1)  The holder of a fishing licence (vessel) must not use –

(a) more than 2 dinghies from the fishing vessel specified in the licence for taking scalefish; or

(b) a dinghy that is longer than the maximum length of that fishing vessel.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(2)  The holder of a fishing licence (vessel) must cause to be displayed on each side of the hull of the dinghy the letter "D" above or forward of the distinguishing mark of the fishing vessel referred to in subrule (1) .

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

49.   Fish caught in rock lobster pot

A person may take or have possession of scalefish caught in a rock lobster pot under the authority of –

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

(b) a fishing licence (recreational rock lobster pot).

50.   Fishing gear on commercial fishing trip

(1)  A person must not carry on a fishing vessel or use on a fishing vessel during a fishing trip for taking scalefish for commercial purposes any fishing gear in excess of that authorised by a licence when taking scalefish under the authority of that licence.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(2)  A person must not carry on a fishing vessel or use during a fishing trip for commercial purposes any fishing gear in respect of which a licence referred to in rule 7(f) is required.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(3)  Subrule (1) does not apply to any fishing gear carried on a fishing vessel as authorised –

(a) by a Commonwealth authority; or

(b) by a licence other than a licence referred to in rule 7(f) .

PART 3 - recreational fisheries

51.   Use of nets in recreational fisheries

(1)  A person must not take scalefish for recreational fishing with a beach seine net unless the person is the holder of a fishing licence (recreational beach seine).

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(2)  A person must not take scalefish for recreational fishing with a graball net unless the person is the holder of a fishing licence (recreational graball).

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(3)  A person must not take scalefish for recreational fishing with a mullet net unless the person is the holder of a fishing licence (recreational mullet net).

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(4)  [Rule 51 Subrule (4) substituted by S.R. 1999, No. 24, Applied:07 Apr 1999] A person who is not the holder of a fishing licence (personal) must not use –

(a) more than one beach seine net that is 50 metres or less in length; or

(b) any beach seine net that exceeds 50 metres in length; or

(c) more than 2 graball nets each of which is 50 metres or less in length; or

(d) any graball net that exceeds 50 metres in length; or

(e) more than one mullet net that is 25 metres or less in length.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(5)  [Rule 51 Subrule (5) inserted by S.R. 1999, No. 24, Applied:07 Apr 1999] A person, in State waters, must not possess or use a net referred to in subrule (1) , (2) or (3) unless the person is the holder of –

(a) a fishing licence (personal); or

(b) a fishing licence referred to in rule 7(f) authorising the use of that net.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

52.   Authority of recreational fishing licences

(1)  A fishing licence (recreational beach seine) authorises the holder to use only one beach seine net to take scalefish for recreational fishing.

(2)  A fishing licence (recreational graball) authorises the holder to use only one graball net to take scalefish for recreational fishing.

(3)  A fishing licence (recreational mullet net) authorises the holder to use only one mullet net to take scalefish for recreational fishing.

(4)  The holder of a licence referred to in this rule must not use more fishing gear than is authorised by the licence or under rule 56 .

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

53.   Number of recreational fishing licences

(1)  A person must not hold more than one of each of the licences specified in rule 52(1) and (3) .

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(2)  A person must not hold more than 2 fishing licences (recreational graball).

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

54.   Recreational fishing licence number

(1)  On the issue of a fishing licence (recreational graball) or a fishing licence (recreational mullet net), the Secretary is to –

(a) allot a number to the fishing licence; and

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

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

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

(b) ensure that only marks required under these rules are on the buoy; and

(c) attach the buoy securely to the net to which the fishing licence relates; and

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

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

55.   Recreational fishing gear tags

(1)  The Secretary is to issue to the holder of any of the following licences a tag for any fishing gear to be used under the licence:

(a) a fishing licence (recreational graball);

(b) a fishing licence (recreational mullet net).

(2)  The holder of a licence specified in subrule (1) 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 the tag is clearly visible when the gear is in use.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(3)  If a fishing gear tag relating to a licence 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.

(4)  The holder of a licence specified in subrule (1) must not use any fishing gear for which a fishing gear tag is lost or destroyed unless a buoy is attached to it and it is clearly marked in accordance with subrule (3)(a) .

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

56.   Restrictions on use of fishing gear

(1)  A person who is not the holder of a licence must not take scalefish for recreational purposes using any fishing gear other than the following:

(a) lines and hooks that have no more than 5 hooks attached that are –

(i) attached to or in a vessel, if the person is taking scalefish from the vessel; or

(ii) within 20 metres of the person, if the person is not taking scalefish from a vessel;

(b) one line that has no more than 30 hooks attached;

(c) one bait trap;

(d) one cast net;

(e) one dipnet;

(f) one bait net;

(g) spears;

(h) landing nets.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(2)  If the depth of water in which a line referred to in subrule (1)(b) is in is more than 150 metres, 2 or more persons may combine their 30 hooks onto one line.

(3)  A person who has combined hooks under subrule (2) must not set another line with more than 5 hooks attached.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

57.   Use of cast net

(1)  A person using a cast net must be in attendance at all times.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(2)  A person must not use a cast net other than by casting, throwing or dropping the net by hand.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

PART 4 - Use of fishing gear and vessels

Division 1 - Nets

58.   Seine nets

A person who uses a seine net –

(a) must bunt up and empty the net in the water; and

(b) must not draw the net ashore while scalefish remain in it.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

59.   Weight of nets

A person must not use a mullet net, small mesh gillnet, special small mesh gillnet, shark net or graball net unless that net –

(a) is weighted at each end with a weight which is made of metal, concrete or a similar material, weighs at least 2 kilograms and is tied to the bottom line of the net; or

(b) is weighted at one end only with a weight which is made of metal, concrete or a similar material, weighs at least 4 kilograms and is tied to the bottom line of the net; or

(c) when dry, weighs at least 13 kilograms for each 50 metres of its length.

Penalty:  Fine not exceeding the Grade 1 penalty.

60.   Mullet nets

(1)  A person must not –

(a) use a mullet net unless that net is marked with 2 surface marker buoys, one of which is blue or black and the other of which is white; or

(b) set a mullet net over rocky bottom.

Penalty:  Fine not exceeding the Grade 1 penalty.

(2)  A person must not carry on a vessel or use a mullet net that –

(a) .  .  .  .  .  .  .  .  

(b) exceeds 25 metres in length.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

61.   Fish traps

A person must not use or have possession of a trap in State waters that is not a fish trap or a bait trap.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

62.   Fish nets

A person must not use or have possession of a net in State waters for the purpose of, or in connection with, taking scalefish unless the net is one of the following:

(a) a gillnet;

(b) a beach seine net;

(c) a bait net;

(d) a landing net;

(e) a lampara net;

(f) a purse seine net;

(g) a dipnet;

(h) a cast net;

(i) a trawl net.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

63.   Marking of nets

(1)  The holder of a fishing licence (personal) must not use a small mesh gillnet, special small mesh gillnet, shark gillnet or graball net unless that net has the distinguishing mark of the fishing vessel from which it is used clearly and legibly marked in letters not less than 70 millimetres high and not less than 12 millimetres wide on each of the surface marker buoys used to mark the net.

Penalty:  Fine not exceeding the Grade 1 penalty.

(2)  The holder of a fishing licence (personal) must ensure that marker buoys bear only the markings referred to in subrule (1) .

Penalty:  Fine not exceeding the Grade 1 penalty.

(3)  A person using a graball net must ensure –

(a) if the net is used in any shark nursery waters, that it is marked at one end by a red, orange or pink marker buoy and at the other end by a white marker buoy; or

(b) if the net is used in any other waters, that it is marked by a white marker buoy and a red, orange or pink marker buoy.

Penalty:  Fine not exceeding the Grade 1 penalty.

(4)  Subrule (3) does not apply if –

(a) the graball net is a flounder net; and

(b) the net is set between 2 hours after sunset and 2 hours before sunrise; and

(c) the net is marked at one end by a white and fluorescent pink marker buoy and at the other end by a fluorescent pink marker buoy.

64.   Nature of buoys

[Rule 64 Amended by S.R. 1999, No. 24, Applied:07 Apr 1999] A person must not set or use any net that requires being marked with a buoy unless the buoy –

(a) is spherical in shape; and

(b) has a diameter of not less than 20 centimetres; and

(c) is specifically designed as a buoy.

Penalty:  Fine not exceeding the Grade 1 penalty.

65.   Fishing licence (shark gillnet)

The holder of a fishing licence (shark gillnet) must not use or have possession of a shark net that does not have the following:

(a) a monofilament single mesh;

(b) a net depth of 20 meshes or less;

(c) a headline length of –

(i) 600 metres or less, if the number of nets authorised under the licence is less than 4; or

(ii) 420 metres or less, if the number of nets authorised under the licence is 4 or more.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

66.   Commercial graball net

(1)  On and after 1 November 1998, a person who is not the holder of a fishing licence (scalefish A) or a fishing licence (scalefish B) must not carry on a fishing vessel or use a commercial graball net that has a net depth exceeding 50 meshes.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(2)  On and after 1 November 1998, the holder of a fishing licence (scalefish A) or a fishing licence (scalefish B) must not carry on a fishing vessel or use a commercial graball net that has a net depth exceeding 50 meshes at the same time as carrying or using more than half the amount of commercial graball net authorised under the licence.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(3)  The holder of a fishing licence (vessel), during the period starting on 1 July 1998 and ending on 31 October 1998, must not use or carry on a fishing vessel any graball net with a net depth exceeding 50 meshes unless the total amount of graball net used or carried is less than 500 metres in length combined.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

67.   Small mesh gillnet

A person must not carry on a fishing vessel or use a small mesh gillnet that has a net depth exceeding 75 meshes.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

68.   Recreational graball net

A person must not carry on a vessel or use a recreational graball net that –

(a) has a net depth exceeding 33 meshes; and

(b) exceeds 50 metres in length.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

69.   Beach seine net

The holder of a fishing licence (recreational beach seine) must not carry on a vessel or use a beach seine net that exceeds 50 metres in length.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

70.   

Division 2 - Other fishing gear

71.   Longlines, traps and droplines

A person must not –

(a) set or use a longline, fish trap or dropline in the River Derwent; or

(b) set or use a longline, fish trap or dropline in any waters specified in –

(i) rules 77 to 82 inclusive and rule 86 ; or

(ii) D'Entrecasteaux Channel; or

(c) set or use a longline or dropline in any shark nursery waters.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

72.   Taking certain fish with spear

(1)  A person must not use a spear to take bream in State waters.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(2)  A person must not use a spear to take boarfish of the family Pentacerotidae in State waters.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

73.   Spears

A person must not use a spear to take scalefish in the following waters:

(a) River Mersey waters;

(b) River Leven waters;

(c) River Inglis.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

Division 3 - Vessels

74.   Use of gillnets on vessels

[Rule 74 Amended by No. 17 of 1996, Applied:17 Feb 1999] The holder of a fishing licence (recreational graball) or fishing licence (recreational mullet net) must not carry on a vessel or use a recreational gillnet if there are already 3 recreational gillnets being used or carried on that vessel.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

75.   Use of purse seine nets on fishing vessels

(1)  A person, in State waters, must not carry on a fishing vessel or use a purse seine or lampara net unless the fishing vessel is specified in a fishing licence (purse seine net).

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(2)  Subrule (1) does not apply to the holder of a fishing licence (Australian salmon).

76.   Using fishing vessel for taking mackerel

(1)  A person, in State waters, who is the holder of a fishing licence (vessel) must not –

(a) use a fishing vessel that exceeds 20 metres in length for the purpose of taking more than 100 kilograms of mackerel each day; or

(b) have possession of more than 100 kilograms of mackerel on a fishing vessel that exceeds 20 metres in length.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(2)  Subrule (1)(b) does not apply to –

(a) any person who has an appropriate Commonwealth authority; or

(b) the holder of a fishing licence (rock lobster) using mackerel as a bait for taking rock lobster.

PART 5 - Prohibited and Restricted use of FISHING gear

Division 1 - Prohibited use of nets

77.   North west region

A person must not use a net, other than a landing net, in any of the following waters in the north west region:

(a) Pieman River, upstream from an imaginary line extending through Pieman Head along longitude 144º 55' east;

(b) Inglis River waters;

(c) Black River, upstream from the mouth where the river enters Bass Strait between Peggs Beach and Black River Beach and including those waters within 100 metres to seaward of the mouth;

(d) Don River, upstream from an imaginary straight line from Don Heads in the west to the gun club building on the eastern shore and including those waters within 100 metres to seaward of this line;

(e) Port Sorell and its tributaries south of the line of latitude at the northern end of Dells Point, known as The Tongue;

(f) Blythe River and its tributaries, upstream from the mouth and including those waters within 100 metres of the seaward extremity of the rocks on the eastern shore at the mouth;

(g) Emu River and its tributaries, upstream of the mouth and including those waters within 200 metres to seaward of the road bridge;

(h) Cam River, upstream from the mouth and including those waters within 300 metres to seaward of the road bridge;

(i) Detention River, including the waters of Pebbly Bay, upstream from the mouth where the river enters Bass Strait between Hellyer Beach and Forwards Beach and including those waters within 100 metres to seaward of the mouth;

(j) Arthur River, upstream from an imaginary straight line from Gardiner Point and north to the opposite shore;

(k) waters to the west of an imaginary line from the northern extreme of Black River Beach to a point 500 metres off the shore of the town of Stanley, at the line of longitude of the western face of the western wave wall of the Fishermans Dock and within 500 metres of the shore in a general easterly direction and then following the shore to the line of latitude at the eastern extremity of Godfreys Beach;

(l) Henty River, within 100 metres to seaward of the mouth of the river;

(m) Macquarie Harbour, south and east of an imaginary straight line from Gordon Point to Charcoal Burners Bluff;

(n) Sulphur Creek, upstream from the railway bridge;

(o) Mosquito Inlet, from the northern extreme of Black Banks to Egging Point and west to the shore of Robbins Island;

(p) Sea Elephant River, from the mouth of that river on King Island;

(q) within 300 metres of The Blowhole on the east coast of King Island between Naracoopa and the Sea Elephant River;

(r) East Inlet and West Inlet near Stanley enclosed by an imaginary straight line from the northern extremity of Black River Beach to the eastern extremity of Anthony Beach;

(s) Duck Bay near Smithton enclosed by an imaginary line from Kingston Point to Eagle Point and east and south of the channel between Perkins Island and the Tasmanian mainland, known as The Jam;

(t) Grassy Harbour enclosed by an imaginary line from the end of the jetty at Jetty Point to Sandblow Point;

(u) Currie Harbour enclosed by an imaginary line from the tip of the most westerly breakwater at the southwest end of Currie Harbour to the northwestern extremity of Currie Harbour, known as Devils Gap;

(v) Hibbs Lagoon from the mouth of that lagoon.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

78.   North east region

A person must not use a net, other than a landing net, in any of the following waters in the north east region:

(a) Four-mile Creek, near St. Patricks Head;

(b) Brid River and waters south of an imaginary line from the eastern extremity of Barnbougle Beach to the boat ramp at the southern end of Old Pier Beach and the old wharf piles;

(c) Scamander River;

(d) River Tamar, upstream from an imaginary straight line from Point Rapid to Sheeptail Point;

(e) Douglas River, north of Bicheno;

(f) Georges Bay, west of an imaginary line from the eastern end of the bridge crossing Colchis Creek on the northern shore to the No. 15 beacon situated at approximately 41º 19.82' south and 148º 15.50' east to the Sea Scout launching ramp on the southern shore of the bay;

(g) North East River and Arthurs Creek, upstream from an imaginary straight line from the eastern extremity of Holloway Point south to the northern extremity of Foochow Beach;

(h) Musselroe Bay, upstream from an imaginary straight line from north of Ryan's Arm to the opposite shore;

(i) Little Musselroe River;

(j) Saltwater Inlet;

(k) Boobyalla Inlet, upstream from an imaginary straight line from Campbells Point and east to the opposite shore on the Tasmanian mainland;

(l) Cameron Inlet on Flinders Island, upstream from an imaginary straight line from the north-west tip of Planter Beach and west to the opposite shore;

(m) Tomahawk River, upstream from an imaginary straight line from the eastern extremity of the northern arm of the river entrance and then south to Tomahawk Beach;

(n) Pipers River from the mouth of that river.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

79.   Southern region

A person must not use a net, other than a landing net, in any of the following waters in the southern region:

(a) Little Swanport Estuary and Little Swanport River, upstream from an imaginary straight line north from Limekiln Point to the opposite shore;

(b) Coal River, north of the causeway across the western arm of Pittwater;

(c) Esperance River, upstream from an imaginary straight line southward between Slacks Point and Hawkers Point;

(d) Huon River, upstream from the line of latitude from the navigation light on Brabazon Point to the western side of the river;

(e) D'Entrecasteaux River, upstream from an imaginary straight line eastwards from the intersection of the Cockle Creek Road and the Leprena Track to the eastern side of the river at the northern extremity of Coal Pit Bight;

(f) Catamaran River, upstream from the mouth and including those waters within 200 metres to seaward of the mouth;

(g) Doctors Creek, north of the Douglas River and Bicheno;

(h) Pittwater;

(i) North-West Bay River, upstream from an imaginary straight line across North-West Bay from the boat ramp at Dru Point to the western extremity of Stinkpot Bay;

(j) Meredith River, north of Swansea;

(k) Browns River and waters inshore and west of an imaginary straight line from Bonnet Point to Soldiers Rocks at Blackmans Bay and Kingston;

(l) Lune River, upstream from the line of latitude 43º 26' 50" south across the channel between Hastings Bay and Bream Bay in the north and Major Honnors Bay and Jagers Bay in the south;

(m) Bream Creek;

(n) Carlton River, upstream from an imaginary straight line from the western extremity of Carlton Bluff to the Carlton Beach Surf Lifesaving Club building on the opposite shore;

(o) Prosser River;

(p) Mayfield River;

(q) Lisdillon River and Lisdillon Lagoon, upstream from an imaginary straight line from the southern extremity of Lisdillon Beach and west to the opposite shore;

(r) Pipe Clay Lagoon;

(s) River Derwent, upstream from an imaginary straight line from the navigation light at Battery Point, Hobart to the navigation light at Rosny Point, Hobart;

(t) Taroona waters;

(u) D'Entrecasteaux Channel, within 100 metres of the low-water mark of any land comprising Arch Island (also known as Arch Rock);

(v) waters within 200 metres of the low-water mark of the shore from the main waterfall in Waterfall Bay east to the southern extremity of Waterfall Bluff;

(w) waters within 200 metres of the lookout on the point west of Patersons Arch on the Tasman Peninsula;

(x) Buxton River, upstream from an imaginary straight line from the south-eastern extremity of Horrels Point to Penquite Point;

(y) any of the following lagoons:

(i) Blackswan Lagoon, upstream from an imaginary straight line from the southern extremity of Little Lagoon Beach and west to the other shore;

(ii) Bryans Lagoon, from the mouth of that lagoon;

(iii) Cloudy Bay Lagoon on Bruny Island, upstream from an imaginary straight line from the south-western extremity of the spit at the western end of Cloudy Beaches and then west to the opposite shore;

(iv) Earlham Lagoon, from the mouth of that lagoon;

(v) Freshwater Lagoon, from the mouth of that lagoon;

(vi) Okehampton Lagoon, from the mouth of that lagoon;

(vii) Saltwater Lagoon, from the mouth of that lagoon;

(viii) Southport Lagoon, from the mouth of that lagoon;

(ix) Troyheleener Lagoon, upstream from the Tasman Highway (A3) roadbridge;

(x) New River Lagoon, from the mouth of that lagoon.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

Division 2 - Restricted use of nets

80.   Rivers Mersey, Forth and Leven

A person must not use a net, other than a landing net, in the following waters unless the person is the holder of a fishing licence (personal) that is endorsed accordingly:

(a) River Mersey waters;

(b) Forth River, upstream from an imaginary straight line from The Esplanade west of its intersection with Boys Street across the mouth of the river to the eastern shore of the river and including those waters within 200 metres to seaward of this line;

(c) River Leven waters.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

81.   Macquarie Harbour

(1)  A person, in the waters of Macquarie Harbour, other than those referred to in subrule (2) , must not –

(a) use more than 2 graball nets; and

(b) use a graball net that exceeds 50 metres in length.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(2)  The holder of a fishing licence (personal) must not, in the waters of Macquarie Harbour north and west of an imaginary straight line from King Point in the north to Table Head in the south –

(a) use more than 800 metres of graball net; and

(b) use a graball net that –

(i) exceeds 200 metres in length; and

(ii) is set within 50 metres of another net.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

82.   Coles Bay

A person must not use a net, other than a landing net, a fish trap, longline or dropline within the waters enclosed generally eastward of an imaginary straight line from the Coles Bay boat ramp to the eastern edge of the quarry on the northern side of The Hazards between Rulla Creek and Malunna Creek between 1 December in one year and 31 March in the following year.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

83.   Georges Bay

(1)  A person must not take scalefish for commercial purposes in Georges Bay unless the person is the holder of a fishing licence (personal) endorsed accordingly.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(2)  A person must not use a gillnet for commercial purposes in the waters of Georges Bay east of an imaginary line from the eastern end of the bridge crossing Colchis Creek on the northern shore to the No. 15 beacon situated at approximately 41º 19.82' south and 148º 15.50' east and then to the Sea Scout launching ramp on the southern shore of the bay unless the person is the holder of a fishing licence (personal) whose licence is endorsed for the waters and who uses graball nets if –

(a) none of those nets exceeds 100 metres in length; and

(b) none of those nets is set within 20 metres of another net; and

(c) not more than 6 graball nets are used from the fishing vessel.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(3)  A person must not use a net, other than a landing net, in the waters of Georges Bay between a line of longitude at the end of the retaining wall situated near the entrance of Georges Bay and the imaginary line referred to in subrule (2) unless the person is the holder of a fishing licence (personal) endorsed accordingly.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(4)  A person, in the waters of Georges Bay east of a line of longitude at the end of the retaining wall situated near the entrance of Georges Bay, must not use –

(a) a mullet net; or

(b) more than one recreational graball net.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

84.   D'Entrecasteaux Channel

A person must not take scalefish for commercial purposes in the D'Entrecasteaux Channel.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

85.   River Derwent

(1)  A person must not use a net of any kind in the waters of the River Derwent and its tributaries upstream from an imaginary straight line from Crayfish Point on the western bank of that river to Droughty Point on the eastern bank of that river.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(2)  Subrule (1) does not apply to a person who uses one graball net that does not exceed 50 metres in length from sunrise to sunset in the waters between the line referred to in that subrule and an imaginary straight line from the navigation light at Battery Point, Hobart, to the navigation light at Rosny Point, Hobart.

(3)  A person, in the waters of the River Derwent downstream from the line referred to in subrule (1) , must not use –

(a) more than one graball net; or

(b) a graball net which exceeds 50 metres in length.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(4)  A person must not take scalefish for commercial purposes in the River Derwent unless the person is the holder of a fishing licence (personal) endorsed accordingly.

86.   Use of nets in certain waters

A person must not use a net, other than a bait net or a landing net, in –

(a) Ansons Bay; or

(b) Moulting Lagoon, King Bay, Pelican Bay and all the waters north of the line of latitude through Point Bagot.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

87.   Use of graball net in certain waters

(1)  A person must not use more than one graball net in the following waters:

(a) Southport, west of an imaginary line from Southport Bluff to Burnett Point;

(b) Recherche Bay, west of an imaginary line from Sullivan Point to the navigation light on Fishers Point;

(c) Bathurst Harbour, east of an imaginary line from Turnbull Head to Milner Head.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(2)  A person must not use a graball net in the waters referred to in subrule (1) that exceeds 50 metres in length.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

88.   Use of gillnet in shark nursery waters

(1)  A person must not use a gillnet in any shark nursery waters, other than in the waters of Georges Bay and the River Derwent.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(2)  Subrule (1) does not apply to –

(a) the holder of a fishing licence (personal) who uses a graball net in the waters of Blackman Bay if –

(i) not more than one graball net is used; and

(ii) that graball net does not exceed 50 metres in length; or

(b) the holder of a fishing licence (personal) who uses graball nets in the waters of Great Oyster Bay or in the East Coast waters if –

(i) none of those nets exceeds 200 metres in length; and

(ii) none of those nets is set within 50 metres of another net; and

(iii) the total combined length of those nets does not exceed 800 metres; or

(c) the holder of a fishing licence (personal) that is endorsed for the waters of the River Tamar if the gillnet is used in the shark nursery waters for which the licence is endorsed; or

(d) the holder of a fishing licence (personal) that is endorsed for the waters of Port Sorell if the gillnet is used in the shark nursery waters for which the licence is endorsed; or

(e) the holder of a fishing licence (personal) that is endorsed for the waters of the Mercury Passage if any net is used within 200 metres of low-water mark and outside the Maria Island National Park; or

(f) the holder of a fishing licence (personal) that is endorsed for the waters of Frederick Henry Bay and Norfolk Bay if the nets are used within 200 metres of low-water mark of –

(i) the shore of those bays; and

(ii) any islands, rocks or reefs within those bays which are exposed at Indian Spring Low Water; or

(g) the holder of a fishing licence (personal) that is endorsed for the waters of Frederick Henry Bay and Norfolk Bay inshore of the following baselines if the gillnet is used in the shark nursery waters for which the licence is endorsed:

(i) from Tiger Head to the western extremity of Spectacle Island;

(ii) from the southern extremity of Spectacle Island to Spectacle Head;

(iii) from the southern extremity of Carlton Bluff to Renard Point;

(iv) from Renard Point to Primrose Point;

(v) from Primrose Point to Dorman Point;

(vi) from Dorman Point to Fulham Point;

(vii) from Fulham Point to the western extremity of Smooth Island;

(viii) from the southern extremity of Smooth Island to Chronicle Point;

(ix) from Sympathy Point to Parkinsons Point;

(x) from Parkinsons Point to Premaydena Point (otherwise known as Halfway Bluff);

(xi) from Premaydena Point to Deer Point;

(xii) from Deer Point to Ironstone Point;

(xiii) from Ironstone Point to a point of latitude 42º 57.5' south and longitude 147º 43.8' east;

(xiv) from the northern extremity of Green Head to the northern extremity of Sloping Island;

(xv) from the southern extremity of Sloping Island to Black Jack Point; or

(h) the holder of a fishing licence (recreational graball) if only one graball net is used in accordance with these rules in the following waters:

(i) Blackman Bay;

(ii) River Derwent;

(iii) D'Entrecasteaux Channel;

(iv) Great Oyster Bay;

(v) East Coast waters;

(vi) Mercury Passage within 200 metres of low-water mark outside the Maria Island National Park;

(vii) the waters of Frederick Henry Bay and Norfolk Bay referred to in paragraphs (f) and (g) .

89.   Use of mullet net in certain waters

A person must not use a mullet net in the following waters:

(a) any shark nursery waters;

(b) Southport, west of an imaginary straight line from Southport Bluff to Burnett Point;

(c) Recherche Bay, west of an imaginary straight line from Sullivan Point to the navigation light on Fishers Point;

(d) Bathurst Harbour, east of an imaginary straight line from Turnbull Head to Milner Head;

(e) Macquarie Harbour.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

90.   River Tamar

(1)  A person must not use a net of any kind, other than a hand landing net, in the River Tamar upstream from an imaginary line crossing the river in line with the northern extremity of Garden Island and the George Town Monument to the line referred to in rule 78(d) unless the person is the holder of a fishing licence (personal) endorsed accordingly.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(2)  A person must not use a net of any kind, other than a hand landing net, for commercial purposes in the River Tamar downstream from an imaginary line crossing the river in line with the northern extremity of Garden Island and the George Town Monument unless the person is the holder of a fishing licence (personal) endorsed accordingly.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(3)  The holder of a fishing licence (recreational graball) must not use more than one graball net in the waters referred to in  subrule (2) .

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(4)  The holder of a fishing licence (recreational graball) must not use a graball net in the waters referred to in subrule (2) that exceeds 50 metres in length.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

91.   Port Sorell

(1)  A person must not use a net of any kind, other than a hand landing net, in the waters of Port Sorell downstream from the line referred to in rule 77(e) unless the person is the holder of a fishing licence (personal) endorsed accordingly.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(2)  The holder of a fishing licence (personal) endorsed to use a beach seine net in the waters referred to in subrule (1) must not use more than one beach seine net in those waters.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(3)  The holder of a fishing licence (personal) referred to in subrule (2) must not use a beach seine net in the waters referred to in subrule (1) that exceeds 150 metres in length.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

92.   Use of beach seine net

(1)  The holder of a fishing licence (personal) must not use a beach seine net of any kind in waters between Point Sorell, Hawley near Devonport and west to North Point at Stanley unless the licence is endorsed accordingly.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(2)  A person must not take Australian salmon within one nautical mile of the low-water mark between Point Sorell, Hawley near Devonport and west to North Point at Stanley with an encircling net unless the net –

(a) is a beach seine net; and

(b) is hauled from land or a beach.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(3)  The holder of a fishing licence (personal) must not take Australian salmon with a beach seine net in the waters between Point Sorell, Hawley near Devonport and west to North Point at Stanley, unless the licence is endorsed accordingly.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

93.   Use of small mesh gillnets

(1)  A person must not use a small mesh gillnet other than in the waters off the north coast of Tasmania bounded in the west by a line of latitude through Cape Grim and in the east by a line of latitude through Cape Naturaliste.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(2)  A person must not use a small mesh gillnet in shark nursery waters unless the person is the holder of a fishing licence (personal) endorsed to use small mesh gillnet in those waters.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(3)  The holder of a fishing licence (small mesh gillnet) must not carry on a fishing vessel or use any graball net if any small mesh gillnet is being carried or used at the same time unless the person is the holder of a fishing licence (personal) that is endorsed for the use of small mesh gillnet in shark nursery waters.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(4)  The holder of a fishing licence (small mesh gillnet) who holds a fishing licence (personal) that is endorsed for the use of small mesh gillnet in shark nursery waters must relinquish any endorsement specified on the fishing licence (personal) for the use of gillnets in those shark nursery waters on the transfer of that fishing licence (small mesh gillnet).

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

94.   Use of special small mesh gillnets

(1)  A person must not carry on a fishing vessel or use a special small mesh gillnet.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(2)  Subrule (1) does not apply to the holder of a fishing licence (personal) endorsed for the use of special small mesh gillnets in –

(a) River Mersey waters; and

(b) Port Sorell.

(3)  A person must not use a special small mesh gillnet unless the gillnet is marked at one end by a green surface marker buoy and marked at the other end by a white surface marker buoy.

Penalty:  Fine not exceeding the Grade 1 penalty.

95.   Automatic hook baiting and setting gear

(1)  A person must not use automatic hook baiting and setting gear in State waters.

(2)  A person must not have possession of automatic hook baiting and setting gear in State waters unless the person –

(a) has an appropriate Commonwealth authority relating to the use of automatic hook baiting and setting gear; or

(b) holds a foreign fishing licence in force under the Commonwealth Act.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

PART 6 - Criteria and qualifications for licences

Division 1 - Qualifications

96.   Claims of catch history

A person may only claim a catch history if –

(a) the person is the holder of a fishing licence (vessel) at least on and from 24 January 1998; and

(b) that licence is in that person's name.

97.   Qualifications in relation to amounts for catch history

(1)  Subject to subrule (2) , the amount of scalefish required for a catch history to qualify for a licence is as follows:

(a) for a fishing licence (scalefish A), at least 13 tonnes in any 2 catch years combined from 1 June 1990 to 31 May 1994;

(b) for a fishing licence (scalefish B), at least 3 tonnes and less than 13 tonnes in any 2 catch years combined from 1 June 1990 to 31 May 1994;

(c) for a fishing licence (banded morwong), at least 2 tonnes of banded morwong from 1 January 1993 to 31 May 1994;

(d) for a fishing licence (wrasse), at least one tonne of wrasse from 1 January 1993 to 31 May 1994;

(e) for a fishing licence (beach seine A), at least 5 tonnes taken by beach seine nets in any 2 catch years combined from 1 June 1990 to 31 May 1994;

(f) for a fishing licence (beach seine B), at least 1.5 tonnes and less than 5 tonnes taken by beach seine nets in any 2 catch years combined from 1 June 1990 to 31 May 1994;

(g) for a fishing licence (purse seine net), at least 2 tonnes taken by purse seine nets or lampara nets in any 2 catch years combined from 1 June 1990 to 31 May 1994;

(h) for a fishing licence (Australian salmon), at least 30 tonnes of Australian salmon in any 2 catch years combined from 1 June 1990 to 31 May 1994.

(2)  A lesser amount of scalefish than that specified in subrule (1) may qualify as a catch history for a licence if the Secretary is satisfied that –

(a) exceptional circumstances prevented that specified amount of scalefish from being caught; and

(b) the lesser amount is very close to the specified amount; and

(c) the person applying for the licence demonstrates a continuing commitment to the scalefish fishery.

Division 2 - Scalefish included or excluded from catch history

98.   Fish included in catch history

Subject to rule 99 , the only scalefish that may be included in a catch history are scalefish that are –

(a) taken legally in State waters under the authority of a fishing licence; and

(b) of a species under Tasmanian jurisdiction as at the time of capture and as at 1 May 1998; and

(c) recorded in a logbook approved for the purpose by the Secretary and submitted on or before 1 March 1995.

99.   Fish excluded from catch history

(1)  Any school shark or gummy shark taken under a fishing licence is excluded from a catch history if the holder of that licence is entitled to another licence or Commonwealth authority to take that fish.

(2)  Any scalefish taken by trawl or Danish seine is excluded from a catch history.

(3)  Any Australian salmon qualifying as a catch history for a licence under rule 97(1)(h) is excluded from the catch history for any other fishing licence.

(4)  Any mackerel taken under the authority of a mackerel licence is excluded from the catch history for any other fishing licence.

(5)  Any scalefish included as a catch history for the purpose of a Commonwealth authority is excluded from the catch history for any fishing licence.

100.   Limitations on catch history

(1)  Scalefish may be included in a catch history for only one licence except –

(a) wrasse, which may be included in a catch history for a fishing licence (wrasse) and one other fishing licence; and

(b) banded morwong, which may be included in a catch history for a fishing licence (banded morwong) and one other fishing licence.

(2)  Any scalefish that is excluded from a catch history for a class seine fishing licence referred to in rule 7(c) may be included in a catch history for a scalefish licence.

101.   Accrual of catch history

(1)  Any scalefish used as a catch history accrues to the holder of a licence authorising the use of a fishing vessel to take those scalefish at the time the fish were taken.

(2)  Subrule (1) does not apply to the holder referred to in subrule (1) if –

(a) a written lease agreement in respect of the licence was in force that stipulated that any catch history under the lease agreement accrues to the lessee, in which case the catch history accrues to the lessee for the period of the lease agreement; or

(b) that holder has passed the catch history to a person who –

(i) operated the licence during the period for which the catch history is claimed under a lease agreement; or

(ii) during the period for which the catch history is claimed operated the licence and was the holder of a fishing licence –

in which case the catch history accrues to that other person; or

(c) a purchase agreement was in effect with that holder during the period for which the catch history is claimed and the licence was subsequently transferred under that agreement, in which case the catch history accrues to the purchaser; or

(d) an agreement exists between that holder to pass the catch history to another person who –

(i) held a lease for that licence during the period for which the catch history is claimed; or

(ii) who was the holder of a fishing licence and operated the licence during the period for which the catch history is claimed –

in which case the catch history accrues to that other person; or

(e) the holder of the licence is dead, in which case the catch history accrues to the representatives of the holder's estate; or

(f) that holder is unable to be contacted or is dead and the holder's representatives are not qualified to claim the catch history in which case the catch history accrues to –

(i) the person who held a lease for that licence during the period for which the catch is claimed; or

(ii) the holder of a fishing licence who operated the licence during the period for which the catch history is claimed; or

(g) the holder of the licence is unable to claim any catch history, in which case the catch history accrues to the person who held a lease for that licence if –

(i) a lease agreement existed during the period for which the catch history is claimed; and

(ii) that person operated the licence during that period; and

(iii) that person was the holder of a fishing licence during that period.

102.   Fish taken by purse seine nets

(1)  Scalefish are taken by a purse seine net if –

(a) the scalefish were taken by means of a purse seine net; or

(b) during the catch year –

(i) a fishing licence authorising the use of purse seine nets was in force; and

(ii) the scalefish taken were of a purse seine species.

(2)  The following are scalefish of a purse seine species:

(a) anchovy;

(b) Australian salmon;

(c) barracouta;

(d) cuttlefish;

(e) flathead;

(f) flounder;

(g) garfish;

(h) hardyhead;

(i) King George whiting;

(j) leatherjacket;

(k) mackerel, blue mackerel, jack mackerel and school mackerel;

(l) mullet and yellow eye mullet;

(m) pilchard;

(n) red bait;

(o) silverfish;

(p) shortfinned pike;

(q) silver trevally;

(r) squid and calamary squid;

(s) yellowtail.

(3)  Subrule (1)(b) does not apply to scalefish that are recorded in a logbook approved by the Secretary for that purpose as being taken by a method other than by purse seine nets.

Division 3 - Miscellaneous

103.   Transfer of catch history

Any catch history that accrues to the holder of a licence under rule 101 may be transferred to a purchaser of that licence if that licence was purchased before 31 May 1994.

104.   Proof of catch history

(1)  The Secretary may require –

(a) any holder of a Commonwealth authority claiming a catch history to satisfy the Secretary that scalefish included in the catch history has not been included for the purpose of any Commonwealth authority; and

(b) any person claiming a catch history to satisfy the Secretary that scalefish included in the catch history meets the provisions of this Part.

(2)  If the Secretary is not satisfied as to the matters specified in subrule (1) , any scalefish claimed as catch history is excluded from the catch history.

PART 7 - Miscellaneous

Division 1 - Measurements

105.   Measurement of nets

The length of a net is measured from the first point of attachment of the headrope to the mesh to the last point of attachment of the headrope to the mesh, excluding any rope attached between the net and any buoy or similar marker at or near the surface of the water.

106.   Measurement of lines

The length of a line is measured from the first hook or snood on the line to the last hook or snood on the line.

107.   Measurement of size of fish

The size of any kind or species of scalefish is measured as follows, unless otherwise specified:

(a) in the case of a garfish, from the upper jaw to the end of the tail;

(b) in the case of any other scalefish, from the forwardmost point of the fish to the end of the tail.

Division 2 - Catch and by-catch limits

108.   Limits on taking or possessing certain fish

(1)  The holder of a fishing licence (personal) who is not operating under an appropriate Commonwealth authority must not –

(a) take or have possession of more than 200 kilograms of any species under Commonwealth jurisdiction, other than the species specified in paragraph (c) ; or

(b) take or have possession of more than the following limits:

(i) albacore tuna (Thunnus alalunga), skipjack tuna (Katsuwonus pelamis), longtail tuna (Thunnus tongol) and Rays bream (family Bramidae) (pomfret) combined – 10 fish or 40 kilograms, whichever is greater in weight;

(ii) bigeye tuna (Thunnus obesus) and yellowfin tuna (Thunnus albacares) combined – 2 fish;

(iii) hapuku (Polyprion oxygeneios), bass (Polyprion americanus) and bass groper (Polyprion moene) combined – 50 kilograms;

(iv) blue-eye trevalla (Hyperoglyphe antarctica)– 50 kilograms;

(v) blue grenadier (Macruronus novaezelandiae) – 100 kilograms;

(vi) gemfish (Rexea solandri) – 50 kilograms;

(vii) redfish (Centroberyx affinis) – 50 kilograms; or

(c) take or have possession of the following fish:

(i) orange roughy (Hoplostethus atlanticus);

(ii) flathead, deepwater (Neoplatycephalus conatus);

(iii) king dory (Cyttus traversi);

(iv) black oreo (Allocyttus niger);

(v) spiky oreo (Neocyttus rhomboidalis);

(vi) smooth oreo (Pseudocyttus maculatus);

(vii) warty oreo (Allocyttus verrucosus);

(viii) ox-eye oreo (Oreosoma atlanticum);

(ix) yelloweye nannygai (Centroberyx australis);

(x) southern bluefin tuna (Thunnus maccoyii);

(xi) northern bluefin tuna (Thunnus thynnus);

(xii) billfish (families Istiophoridae and Xiphiidae).

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(2)  Subrule (1) does not apply to the holder of a fishing licence (rock lobster) who uses not more than the following fishing gear to take fish of the superclass Pisces:

(a) graball gillnet, the total headline length of which does not exceed 150 metres;

(b) 2 fish traps;

(c) trolling lines;

(d) one of the following:

(i) one demersal longline not exceeding 1 000 metres with not more than 200 snoods and hooks attached or capable of being attached;

(ii) 2 droplines to which no more than 200 snoods and hooks are attached or capable of being attached.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(3)  The holder of a fishing licence (rock lobster) using not more than the fishing gear specified in subrule (2) , must not –

(a) take or have possession of more than the following limits:

(i) albacore tuna, skipjack tuna, longtail tuna and Rays bream combined – 10 fish or 40 kilograms whichever is greater in weight;

(ii) blue-eye trevalla – 100 kilograms;

(iii) ling (Genypterus blacodes) – 200 kilograms;

(iv) gemfish – 50 kilograms; or

(b) take or have possession of the following scalefish:

(i) bigeye tuna;

(ii) yellowfin tuna;

(iii) southern bluefin tuna;

(iv) northern bluefin tuna;

(v) billfish;

(vi) any other species specified in subrule (1)(c)(i) to (ix) .

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(4)  A person who holds a Commonwealth authority to take a species of fish for which a Commonwealth quota applies or which would authorise the taking of that species if a quota was held by that person must not take or have possession of any fish of that species other than in accordance with that authority.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(5)  The weight of scalefish that has been gutted, headed and gutted or filleted is calculated by multiplying the whole weight by the applicable conversion rate specified in Schedule 1 .

109.   Limits on taking and possessing small pelagic species

The holder of a fishing licence (personal) must not, in State waters, take or have possession of more than the following limits:

(a) king garfish (Scomberesox forsteri), 20 kilograms;

(b) anchovies (Engraulis australis), 10 kilograms;

(c) pilchards (Sardinops neopilchardus), 10 kilograms;

(d) sprats (family Clupidae), 10 kilograms;

(e) blue sprats (family Dussumieriidae), 10 kilograms;

(f) hardyheads (family Atherinidae), 10 kilograms.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

110.   Limits on possessing certain fish

The holder of a fishing licence (personal) must not, in State waters, have possession of more than 3 of any of the following fish:

(a) the following fish of the order Lophiformes:

(i) D'Entrecasteaux anglerfish (Tricophryne furcipilis);

(ii) tasselled anglerfish (Rhycherus filamentosus);

(iii) prickly anglerfish (Echinophryne crassispina);

(iv) Mitchell's anglerfish (Tricophryne mitchelli);

(b) the following fish of the order Scorpaeniformes:

(i) common red rock cod (Scorpaena ergastulorum);

(ii) warty prowfish (Aetapcus maculatus);

(iii) Tasmanian prowfish (Aetapcus armatus);

(iv) red velvetfish (Gnathanacanthus goetzeei);

(c) seamoth (Acanthopegasus lancifer);

(d) the following fish of the order Perciformes:

(i) barber perch (Caesioperca rasor);

(ii) rosy perch (Callanthias allportii);

(iii) blotch-tailed trachino (Trachinops caudimaculatis);

(iv) common bullseye (Pempheris multiradiatuus);

(v) white ear (Parma microlepis);

(vi) scalyfin (Parma victoriae);

(vii) Castelnau's wrasse (Dotalabus aurantacus);

(viii) rosy wrasse (Pseudolabrus psittaculus);

(ix) crimson wrasse (Suezichthys sp.);

(x) little rock whiting (Neoodax balteatus);

(xi) rainbowfish (Odax acroptilus);

(xii) pygmy rock whiting (Siphonognathus beddomei);

(xiii) pink sandfish (Crapatalus sp.);

(xiv) bridled goby (Arenigoius bifrenatus);

(xv) sculptured goby (Callogobius mucosus);

(xvi) Castelnau's goby (Nesogobius pulchellus);

(xvii) orange spot goby (Nesogobius hinsbyi);

(xviii) twin-barred goby (Nesogobius sp. 2);

(xix) opalescent goby (Nesogobius sp. 3);

(xx) marine goby (Tasmanogobius sp. 1);

(xxi) mado sweep (Astypichthys strigatus);

(e) sandpaper fish (Paratrachichthys trailli);

(f) the following fish of the order Gobiesociformes:

(i) shore eel (Alabes dorsalis);

(ii) Hoese's shore eel (Alabes hoesei);

(iii) pygmy shore eel (Alabes parvulus);

(iv) Tasmanian clingfish (Aspasmogaster tasmaniensis);

(v) broad-headed clingfish (Cochleoceps sp.);

(vi) cardinal clingfish (Creocele cardinalis);

(vii) painted stinkfish (Eocallionymus papilio);

(viii) common stinkfish (Foetorepus calauropomus);

(g) the following fish of the order Tetraodontiformes:

(i) bridled leatherjacket (Acanthaluteres spilomelanurus);

(ii) pygmy leatherjacket (Brachaluteres jacksonianus);

(iii) Shaw's cowfish (Aracana aurita).

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

111.   Limits on taking tuna for recreational purposes

A person must not, in State waters, take or have possession of more than 2 bluefin tuna (Thunnus maccoyii), yellowfin tuna (Thunnus albacares) and bigeye tuna (Thunnus obesus) combined unless the person –

(a) is the holder of a fishing licence (vessel); or

(b) has an appropriate Commonwealth authority.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

112.   Limits on taking trevalla for recreational purposes

A person must not, in State waters, take or have possession of more than 5 blue-eye trevalla (Hyperoglyphe antarctica) unless the person –

(a) is the holder of a fishing licence (vessel); or

(b) has an appropriate Commonwealth authority.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

Division 3 - Size limits

113.   Size limits of banded morwong

A person must not take, buy, sell or have possession of any banded morwong that is less than 360 millimetres in length or more than 460 millimetres in length as measured from the most forward point of the fish to the caudal fork of the tail.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

114.   Size limits of wrasse

A person must not take, buy, sell or have possession of any wrasse that is less than 280 millimetres in length or more than 430 millimetres in length as measured from the most forward point of the fish to the tip of the tail.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

115.   Size limits of school shark

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

(a) any school shark that is less than 750 millimetres in length; or

(b) any school shark or portion of school shark, the length of which from the middle of the posterior edge of the gill slit nearest the tail to the ventral insertion of the caudal fin is less than 450 millimetres.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(2)  A person must not buy, sell or have possession of any school shark or portion of school shark –

(a) that is less than 710 millimetres in length; or

(b) the length of which from the middle of the posterior edge of the gill slit nearest the tail to the ventral insertion of the caudal fin is less than 400 millimetres.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

116.   Size limits of gummy shark

A person must not take, buy, sell or have possession of any gummy shark or any portion of gummy shark –

(a) that is less than 750 millimetres in length; or

(b) the length of which from the middle of the posterior edge of the gill slit nearest the tail to the ventral insertion of the caudal fin is less than 450 millimetres.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

117.   Size limits of other fish

A person must not take, buy, sell or have possession of any fish specified in the following table that is less than the minimum size specified for that fish:

Kind or species of fish	Minimum size of fish (mm)
garfish	250
Australian salmon	200
bream	250
warehou	250
leatherjacket	200
silver trevally	200
striped trumpeter	350
jackass morwong (perch)	250
mullet	250
flounder	250
bastard trumpeter	350
flathead	300
long snouted boarfish	450

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

Division 4 - Other matters

118.   Taking bream

A person must not take more than 10 bream in any one day.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

119.   Taking and possessing warehou

(1)  A person must not take more than 20 warehou in any one day in the waters specified in rule 77(k) .

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(2)  A person must not possess more than 20 warehou within 200 metres of the high-tide mark of the waters specified in rule 77(k) unless –

(a) the person –

(i) is the holder of a commercial fishing licence; and

(ii) takes the fish for commercial purposes; and

(iii) is landing, transporting or holding the fish; or

(b) the person is transporting the fish that have been taken for commercial purposes; or

(c) the premises where the fish are located are processing premises.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

120.   Taking sharks in certain waters

A person must not take shark at any time in any shark nursery waters.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

121.   Sale of bream

A person must not sell bream.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

122.   Due dates for licences

(1)  An initial application for any licence referred to in rule 7(c) , (d) or (e) is to be lodged before 1 September 1998.

(2)  An initial application for a fishing licence (small mesh gillnet) is to be lodged before 1 September 1999.

(3)  Subrule (1) does not apply to a fishing licence (rock lobster).

123.   Qualifying for licence

A person who does not meet all the requirements of these rules may qualify for a licence if the Secretary is satisfied that –

(a) exceptional circumstances prevented the person from meeting those requirements; and

(b) the person demonstrates a continuing commitment to the scalefish fishery.

SCHEDULE 1 - Conversion rates for whole fish

Rule 108(5)

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

Notified in the Gazette on 10 June 1998

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