Fisheries (Scalefish) Rules 2001

Fisheries (Scalefish) Rules 2001

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

D. E. LLEWELLYN

Minister for Primary Industries, Water and Environment

PART 1 - Preliminary

1.   Short title

These rules may be cited as the Fisheries (Scalefish) Rules 2001 .

2.   Commencement

These rules take effect on 1 November 2001.

3.   Interpretation

In these rules –

Act means the Living Marine Resources Management Act 1995 ;

all shark species means fish of the class Chondrichthyes;

anchovy means fish of the species Engraulis australis;

appropriate authority means a Commonwealth authority to take school shark and gummy shark in State waters;

arrow squid means squid of the species Notodaris gouldi;

Australian salmon means fish of the genus Arripis;

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

bait fish means redbait, jack mackerel, blue mackerel, anchovy, pilchard, sprat, blue sprat and hardyhead;

bait net means an encircling net not exceeding 6 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;

bigeye tuna means fish of the species Thunnus obesus;

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;

blue-eye trevalla means fish of the species Hyperoglyphe antarctica;

blue mackerel means fish of the species Scomber australasicus;

blue sprat means fish of the species Spratelloidesrobustus;

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

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) , (h) and (i) ;

commercial graball net means a graball net 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 warps but not trawl doors; 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;

distinguishing mark means a distinguishing 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;

elephant fish means fish of the species Callorchynchus millii;

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;

fillet of fish means a longitudinal section of flesh of a fish removed from a part of the fish other than from its head;

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

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;

fishing gear means apparatus;

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

flathead means fish of the family Platycephalidae;

flounder means fish of the families Bothidae and Pleuronectidae;

Frederick Henry Bay and Norfolk Bay means the waters within –

(a) an imaginary straight line between North-West Head and Cape Contrariety; and

(b) Pittwater and Pipeclay Lagoon;

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;

hardyhead means fish of the family Atherinidae;

headline length means the length of a net as measured under rule 112 ;

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;

jack mackerel means fish of the species Trachurus declivis;

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 5 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 shark means sharks of the species Isurus oxyrinchus and Prionace glauca;

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 by a combination of them; and

(b) is drawn along by a fishing vessel; and

(c) does not make contact with the seabed;

[Rule 3 Amended by No. 17 of 1996, Applied:21 Nov 2001] Penalty Regulations means the Fisheries Penalties Regulations 2001 ;

pilchard means fish of the species Sardinops neopilchardus;

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;

redbait means fish of the species Emmelichthys nitidus;

River Derwent means the waters upstream of 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 of 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 of 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) 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;

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

shark means school shark or gummy shark;

shark fin means fin from all shark species;

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;

snapper means fish of the species Chrysophrys auratus;

southern bluefin tuna means fish of the species Thunnus maccoyii;

southern calamary means squid of the species Sepioteuthis australis;

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;

sprat means fish of the species Clupea bassensis;

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;

squid line means a line with squid jigs attached;

standard time means the time declared to be standard time under the Standard Time Act 1895 ;

striped trumpeter means fish of the species Latris lineata;

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;

Tasmanian summer time means one hour in advance of standard time as specified in the Daylight Saving Act 1968 ;

trawl-fishing licence means –

(a) a fishing licence (general trawl); or

(b) a fishing licence (limited trawl);

trawl net means a net, whether fitted with a whiting codend or not, that 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;

yellowtail kingfish means fish of the species Seriola lalandi.

4.   Application of rules

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

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

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

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

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

5.   Duration of rules

These rules continue in force until 1 November 2004.

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 small-mesh gillnet, fishing licence (small-mesh gillnet);

(h) class trawl –

(i) fishing licence (general trawl); or

(ii) fishing licence (limited trawl);

(i) class squid, fishing licence (automatic squid jig).

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) a fishing licence (personal) endorsed accordingly; or

(c) a 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; or

(d) an appropriate authority.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

10.   Fishing licence (banded morwong)

A person must not take for commercial purposes or have possession of banded morwong in State waters, 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.   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.

13.   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.

14.   Taking or possessing shark

A person must not, in State waters –

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

(i) the holder or supervisor of a scalefish licence; or

(ii) the holder or supervisor of a fishing licence (class seine); or

(iii) the holder or supervisor of a fishing licence (class trawl); or

(iv) the holder of an appropriate authority; or

(b) take or have possession of more than 5 sharks or shark carcasses unless the person is the holder of an appropriate authority.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

15.   Taking or possessing pelagic shark

A person must not, in State waters, take for commercial purposes or have possession of more than 5 pelagic shark or pelagic shark carcasses.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

16.   Use of shark nets

A person must not, on a fishing vessel in State waters, have possession of a shark net unless that person is the holder of an appropriate authority.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

17.   Possessing graball net

A person must not, on a fishing vessel in State waters, have possession of a graball net if any more than 1 800 metres of shark net, or any more than 1 000 hooks, are being carried on the fishing vessel.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

18.   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 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.

(3)  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 (Australian salmon).

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

19.   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.

20.   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.

21.   Minimum mesh size of graball nets

A person, in State waters, must not use or carry a graball net with a mesh size less than 105 millimetres after 1 November 2003.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

Division 2 - Fishing gear allocation

22.   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.

23.   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.

24.   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.

25.   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.

26.   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) 600 metres in length of small-mesh gillnet; and

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

27.   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.

28.   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.

29.   Fishing licence (automatic squid jig)

A fishing licence (automatic squid jig) authorises the holder to carry on a fishing vessel or use at one time only –

(a) automatic squid-jigging machines; and

(b) squid lines; and

(c) fish attraction lamps.

30.   Use of squid jigs, dipnets 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 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 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, landing nets and spears to take scalefish.

(4)  A person authorised to carry on a fishing vessel, or use, squid jigs, and who is not the holder of a fishing licence (automatic squid jig) must not carry on a fishing vessel or use at one time more than –

(a) 4 automatic squid-jigging machines; or

(b) 8 squid lines; or

(c) fish attraction lamps exceeding a total power rating of 2 000 watts.

Penalty:  Fine not exceeding 2 penalty units.

31.   Traps and hooks

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

32.   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.

33.   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.

34.   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.

35.   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

36.   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.

37.   Danish seine net endorsement

(1)  The Secretary may endorse a fishing licence (general trawl) to authorise the use of a Danish seine net in the waters specified in subrule (2) if the holder of the licence had catches in excess of –

(a) [Rule 37 Subrule (1) amended by No. 17 of 1996, Applied:21 Nov 2001] 3 tonnes of scalefish taken by Danish seine net in the River Derwent during 1996; and

(b) [Rule 37 Subrule (1) amended by No. 17 of 1996, Applied:21 Nov 2001] 5 tonnes of scalefish taken by Danish seine net in Frederick Henry Bay in any 2 catch years combined between 1 June 1990 and 31 May 1994.

(2)  [Rule 37 Subrule (2) omitted by No. 17 of 1996, Applied:21 Nov 2001] .  .  .  .  .  .  .  .  

38.   Small-mesh gillnet endorsement

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

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

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

(c) small-mesh gillnet and graball net, the combined length of which exceeds the length of the greater of either the length of graball net authorised by a scalefish licence operated by that holder or small-mesh gillnet authorised to be used.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

39.   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 of special 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 and special small-mesh gillnet are carried or used at the same time.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

40.   Non-transferable endorsements

(1)  The Secretary is to endorse a fishing licence (scalefish C) as a non-transferable fishing licence with effect from 1 March 2002 until 28 February 2003.

(2)  Only the holder of a fishing licence (scalefish C) that is endorsed as non-transferable or a nominated natural person specified in the licence may operate under that licence.

41.   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.

42.   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.

43.   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 - Danish seine nets and trawl nets

44.   Use and possession of trawl nets

(1)  A person must not have possession of a trawl net on a fishing vessel in State waters unless the person –

(a) is the holder of a trawl-fishing licence authorising the person to do so on that fishing vessel; or

(b) has an appropriate Commonwealth authority that authorises the use of a trawl net of a specified type.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(2)  A person must not use a board trawl net from a fishing vessel in State waters.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

45.   Danish seine mesh measurements

(1)  The mesh size of a Danish seine net, or part of a Danish seine net, is to be taken to be the average measurement of 10 adjoining meshes in the net or that part.

(2)  The measurement of a mesh in a Danish seine net, or part of a Danish seine net, is the longest distance between the inside surface of diagonally opposite knots of the mesh measured when –

(a) the mesh is held taut; and

(b) the other 2 diagonally opposite knots are touching each other.

46.   Authority of licences

(1)  A fishing licence (general trawl) only authorises the holder to use one and possess one or more Danish seine nets on the fishing vessel specified in the licence.

(2)  A fishing licence (limited trawl) only authorises the holder to use one and possess one or more Danish seine nets on the fishing vessel specified in the licence.

47.   Restrictions on fishing licence (general trawl)

The holder of a fishing licence (general trawl) must not –

(a) tow a Danish seine net that is towed by, or connected to, another vessel; or

(b) if the Danish seine net has a whiting codend attached, use that trawl net in State waters other than in waters –

(i) generally east of the line of longitude extending through Woolnorth Point to the line of longitude extending through Waterhouse Point; or

(ii) [Rule 47 Amended by No. 17 of 1996, Applied:21 Nov 2001] generally north of an imaginary straight line from Yellow Bluff on North Bruny Island to Outer North Head on the Tasman Peninsula unless endorsed accordingly; or

(c) use a Danish seine net in the following State waters:

(i) within one nautical mile of any part of the coast of Tasmania, except Ile des Phoques (also known as White Rock);

(ii) in Andersons Bay and generally south of an imaginary straight line from the north-east tip of East Double Sandy Point to the tower on Hardwicks Hill near Croppies Point;

(iii) [Rule 47 Amended by No. 17 of 1996, Applied:21 Nov 2001] in Frederick Henry Bay and Norfolk Bay and generally north and east of imaginary straight lines from Cape Deslacs to the southern end of Sloping Island and from the southern end of Sloping Island to Black Jack Point;

(iv) in Great Oyster Bay and Mercury Passage and generally west and north of imaginary straight lines from Cape Degerando to Cape Baudin, from Cape Faure to Ile des Phoques, from Ile des Phoques to Cape Boullanger and from Cape Bernier to Cape Peron;

(v) [Rule 47 Amended by No. 17 of 1996, Applied:21 Nov 2001] in the River Derwent upstream of an imaginary straight line from the Pigeon Holes at the northern end of Half Moon Bay to Flowerpot Point at the southern end of Blackmans Bay;

(vi) in the D'Entrecasteaux Channel.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

48.   Restrictions on fishing licence (limited trawl)

The holder of a fishing licence (limited trawl) must not –

(a) use a Danish seine net that is towed by, or connected to, another vessel; or

(b) use a Danish seine net in State waters other than waters bounded in the north by an imaginary straight line from Tasman Head on South Bruny Island to Cape Raoul on the Tasman Peninsula, in the west by the line of longitude 147^o17'7" and in the east by the line of longitude 148^o excluding State waters that are within one nautical mile of any part of the coast of Tasmania.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

49.   Licences cease to have effect

(1)  If a fishing vessel specified in a fishing licence (limited trawl) ceases to be specified on a Commonwealth authority in relation to the South East Trawl Fishery of the Commonwealth, the licence ceases to exist.

(2)  If the Minister is satisfied it is appropriate to do so, the Minister may determine that subrule (1) does not apply in relation to a specified fishing licence (limited trawl).

Division 6 - Miscellaneous matters

50.   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 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 Grade 1 penalty.

(3)  A distinguishing mark or 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 mark or mark referred to in subrules (1) and (2) in a clear and legible condition; and

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

Penalty:  Fine not exceeding the Grade 1 penalty.

51.   Use of dinghies

(1)  The holder of a fishing licence (vessel) who is not the holder of a fishing licence (beach seine), a fishing licence (purse seine net) or a fishing licence (Australian salmon) must not use –

(a) more than one dinghy 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.

52.   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).

53.   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) .

54.   Fishing gear on vessel carrying other vessel

A person on a fishing vessel that carries another fishing vessel must not –

(a) use more fishing gear from either vessel than the maximum that is authorised to be used from each vessel; or

(b) carry more fishing gear on either vessel than the combined maximum that is authorised in respect of the vessels.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

PART 3 - recreational fisheries

55.   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)  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) from 1 November 2001 to 30 October 2002 inclusive, more than 2 graball nets each of which is 50 metres or less in length; or

(d) from 1 November 2002, more than one graball net that is 50 metres or less in length; or

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

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

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(5)  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.

56.   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 60 .

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

57.   Number of recreational fishing licences

(1)  A person must not hold more than one of each of the licences specified in rule 56(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).

(3)  On and from 1 November 2002, a person must not hold more than one fishing licence (recreational graball).

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

58.   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 at least 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; and

(e) ensure that only the one licence number is displayed on any buoys attached to the net.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

59.   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.

60.   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) up to 3 squid jigs on each line;

(f) one bait net;

(g) spears;

(h) landing nets;

(i) one dipnet.

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 the line.

(3)  A person who has combined hooks under subrule (2)  –

(a) must not set another line with more than 5 hooks attached; and

(b) must ensure that the total number of hooks on lines with over 5 hooks is not greater than 120.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

61.   Maximum number of lines and hooks

A person who is not authorised under any licence must not use or carry a line with more than 5 hooks attached if 4 lines with over 5 hooks are being used or carried on a vessel.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

62.   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

63.   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.

64.   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.

65.   Mullet nets

(1)  A person must not 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 exceeds 25 metres in length.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

66.   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.

67.   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 cast net;

(h) a trawl net;

(i) a dipnet.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

68.   Marking of nets

(1)  The holder of a fishing licence (personal) must not use a small-mesh gillnet, special small-mesh gillnet, shark net 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 70mm high and not less than 12mm 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 for commercial purposes 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; or

(c) that at least one marker buoy on the net is –

(i) at least 195mm at its narrowest point; and

(ii) designed specifically as a fishing buoy.

Penalty:  Fine not exceeding the Grade 1 penalty.

69.   Marking recreational gillnet

A person using a recreational gillnet must ensure that the gillnet –

(a) if used in shark nursery waters, is marked at one end with a white buoy with a diameter of at least 195mm and at the other end with a marker buoy of at least 195mm diameter; or

(b) if used in any other waters, is marked with a white marker buoy of at least 195mm diameter and another buoy of at least 195mm diameter.

Penalty:  Fine not exceeding the Grade 1 penalty.

70.   Nature of buoys

A person must not set or use any net that requires being marked with a buoy unless the buoy –

(a) has a diameter of not less than 195mm at its narrowest point; and

(b) is specifically designed as a buoy.

Penalty:  Fine not exceeding the Grade 1 penalty.

71.   Commercial graball net

(1)  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)  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.

72.   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.

73.   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.

74.   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.

75.   Setting of gillnets during Tasmanian summer time

(1)  A person must not leave a recreational gillnet in State waters during Tasmanian summer time for more than 14 hours without removing it from the water.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(2)  A person setting a recreational gillnet after 6am and before 6pm on the same day during Tasmanian summer time must ensure that the net is removed from the water by 8pm on that day.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(3)  A person setting a recreational gillnet after 6pm on one day and before 6am on the following day during Tasmanian summer time must ensure that the net is removed from the water by 8am on that following day.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(4)  A person setting a recreational gillnet must ensure that a net set after 6am and before 6pm on the same day during Tasmanian summer time is marked with 2 white buoys each with a diameter of at least 195mm.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(5)  A person setting a recreational gillnet must ensure that a net set after 6pm on one day and before 6am on the following day during Tasmanian summer time is marked with one red buoy and one white buoy each with a diameter of at least 195mm.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(6)  A person must not leave a recreational gillnet in State waters between 8pm on one day and 6am on the following day during Tasmanian summer time unless it is marked with one white buoy and one red buoy each with a diameter of at least 195mm.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(7)  A person must not leave a recreational gillnet in State waters between 8am and 6pm on the same day during Tasmanian summer time unless it is marked with 2 white buoys each with a diameter of at least 195mm.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(8)  In any proceedings for an offence under this rule, it is a defence to prove that at the time of the offence weather or sea conditions prevented the safe collection of the net.

76.   Setting of gillnets during standard time

(1)  A person must not leave a recreational gillnet in State waters during standard time for more than 17 hours without removing it from the water.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(2)  A person setting a recreational gillnet after 6am and before 4pm on the same day during standard time must ensure that the net is removed from the water by 8pm on that day.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(3)  A person setting a recreational gillnet after 4pm on one day and before 6am on the following day during standard time must ensure that the net is removed from the water by 9am on that following day.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(4)  A person setting a recreational gillnet must ensure that a net set after 6am and before 4pm on the same day during standard time is marked with 2 white buoys each with a diameter of at least 195mm.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(5)  A person setting a recreational gillnet must ensure that a net set after 4pm on one day and before 6am on the following day during standard time is marked with one red buoy and one white buoy each with a diameter of at least 195mm.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(6)  A person must not leave a recreational gillnet in State waters between 8pm on one day and 6am on the following day during standard time unless it is marked with one red buoy and one white buoy each with a diameter of at least 195mm.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(7)  A person must not leave a recreational gillnet in State waters between 9am and 4pm on the same day during standard time unless it is marked with 2 white buoys each with a diameter of at least 195mm.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(8)  In any proceedings for an offence under this rule, it is a defence to prove that at the time of the offence weather or sea conditions prevented the safe collection of the net.

77.   Marking of nets

(1)  A person using a recreational gillnet must ensure that –

(a) there are no more than 2 white buoys with a diameter greater than 195mm attached to the gillnet; and

(b) the total number of red buoys with a diameter greater than 195mm and white buoys with a diameter greater than 195mm is 2; and

(c) when set, the gillnet is in the water and the buoys float on the surface; and

(d) all red buoys and white buoys with a diameter greater than 195mm are spherical and designed as buoys.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(2)  A fisheries officer may mark any net.

(3)  A person may not set a net that has a mark of a fisheries officer attached.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

Division 2 - Other fishing gear

78.   Longlines, traps and droplines

A person must not –

(a) set or use a line with more than 5 hooks attached or a fish trap in the River Derwent; or

(b) set or use a line with more than 5 hooks attached or a fish trap in any waters –

(i) specified in rules 84 to 87 inclusive and rule 93 ; or

(ii) in the D'Entrecasteaux Channel; or

(c) set or use a line with more than 5 hooks attached in any shark nursery waters.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

79.   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.

80.   Spears

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

(a) River Mersey waters;

(b) River Leven waters;

(c) Inglis River waters.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

Division 3 - Vessels

81.   Use of gillnets on vessels

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.

82.   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 net 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).

83.   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

84.   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 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 from 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 south-west end of Currie Harbour to the north-western 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.

85.   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 and then 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 the point known as Ryan's Arm at longitude 148^o9'8" East and north 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.

86.   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) Taroona waters;

(t) D'Entrecasteaux Channel, within 100 metres of the low-water mark of any land comprising Arch Island (also known as Arch Rock);

(u) 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;

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

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

(x) 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

87.   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.

88.   Macquarie Harbour

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

(a) between 1 November 2001 and 30 October 2002, use more than 2 graball nets; and

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

(c) on and from 1 November 2002, use more than one graball net.

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.

89.   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.

90.   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 and a bait net, in the waters of Georges Bay between the 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 the 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.

91.   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.

92.   River Derwent

(1)  A person must not use a net of any kind, other than a landing net, in the waters of the River Derwent and its tributaries upstream from an imaginary straight line from the boat ramp at 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)  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.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

93.   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.

94.   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.

95.   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 any net is 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) .

96.   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.

97.   River Tamar

(1)  A person must not use a net of any kind, other than a 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 85(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 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.

98.   Port Sorell

(1)  A person must not use a net of any kind, other than a landing net, in the waters of Port Sorell downstream from the line referred to in rule 84(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.

99.   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.

100.   Use of small-mesh gillnets

(1)  A person must not use a small-mesh gillnet other than in the waters north of the lines of latitude passing through Cape Grim and 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) and a scalefish licence must not carry on a fishing vessel, or use, small-mesh gillnet and graball net, the combined length of which exceeds the length of the greater of either the length of graball net or small-mesh gillnet authorised to be used.

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.

101.   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.

102.   Automatic hook-baiting and hook-setting gear

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

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

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

(a) has an appropriate Commonwealth authority relating to the use of automatic hook-baiting and hook-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

103.   Claims of catch history

(1)  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.

(2)  Subrule (1) does not apply to a catch history used to qualify for a fishing licence (automatic squid jig).

104.   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;

(i) for a fishing licence (automatic squid jig), at least 5 tonnes of arrow squid taken between 1 January 1995 and 30 April 2000.

(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.

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

(a) the person applying for the licence invested at least $20 000 in automatic squid jigging fishing gear during the period 1 June 1999 to 30 April 2000 inclusive; and

(b) the person held a fishing licence (class scalefish) on 1 May 2000.

Division 2 - Scalefish included or excluded from catch history

105.   Fish included in catch history

Subject to rule 106 , 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.

106.   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 net or Danish seine net is excluded from a catch history.

(3)  Any Australian salmon qualifying as a catch history for a licence under rule 104(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.

107.   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.

108.   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) 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.

109.   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 yelloweye mullet;

(m) pilchard;

(n) red bait;

(o) shortfinned pike;

(p) silverfish;

(q) silver trevally;

(r) squid and calamary squid;

(s) yellowtail kingfish.

(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

110.   Transfer of catch history

Any catch history that accrues to the holder of a licence under rule 108 may be transferred to a purchaser of that licence if that licence was purchased before 31 May 1994.

111.   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

112.   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.

113.   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.

114.   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

115.   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 net, 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 .

116.   Limits on taking or possessing certain finfish

The holder of a fishing licence (personal) must not, in State waters, take or have possession of more than a combined weight of 250 kilograms of the following fish:

(a) striped trumpeter;

(b) snapper;

(c) yellowtail kingfish.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

117.   Limits on holder of appropriate authority

(1)  The holder of an appropriate authority who does not hold a scalefish licence and who has possession of, or uses, shark nets or hooks in State waters must not –

(a) take or have possession of more than a combined weight of 200 kilograms of any scalefish other than the scalefish specified in paragraph (b) ; or

(b) take or have possession of more than a combined weight of 250 kilograms of the following scalefish:

(i) striped trumpeter;

(ii) snapper;

(iii) yellowtail kingfish; or

(c) take or have possession of more than the following weight of the following scalefish:

(i) bastard trumpeter (Latridopis forsteri), 20 kilograms;

(ii) blue groper (Achoerodus gouldii), 50 kilograms;

(iii) red snapper (Centroberyx gerrardi), 50 kilograms.

(2)  The holder of an appropriate authority who does not hold a scalefish licence and who has possession of, or uses, shark nets or hooks in State waters must not take or have possession of the following species:

(a) Australian anchovy (Engraulis australis);

(b) Australian salmon or tommy ruff of the genus Arripis;

(c) banded morwong (Cheilodactylus spectabilis);

(d) black bream (Acanthopagrus butcheri);

(e) blue sprat (Spratelloides robustus);

(f) dusky morwong (Dactylophora nigricans);

(g) garfish (Hyporhamphus melanochir);

(h) grassy (rock) flathead (Platycephalus laevigatus);

(i) king gar (Scomberesox forsteri);

(j) King George whiting (Sillaginodes punctata);

(k) luderick (Girrella tricuspidata);

(l) magpie morwong (Cheilodactylus nigripes);

(m) mulloway (Argyrosomus hololepidotus);

(n) pilchard (Sardinops neopilchardus);

(o) red mullet (Upeneichthys vlamingii);

(p) sea sweep (Scorpis aequipinnis);

(q) snook (Sphyraena novaehollandiae);

(r) sprat (Clupea bassensis);

(s) wrasse (family Labridae);

(t) yelloweye mullet (Aldrichetta forsteri);

(u) yellowfinned whiting (Sillago schomburgkii).

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

118.   Limits on holder of appropriate authority and scalefish licence

(1)  The holder of an appropriate authority who is also the holder or supervisor of a scalefish licence who has possession of, or uses, more than 1 800 metres of shark net or has possession of more than 1 000 hooks in State waters must not –

(a) take or have possession of more than a combined weight of 200 kilograms of any scalefish other than the scalefish specified in paragraph (b) ; or

(b) take or have possession of more than a combined weight of 250 kilograms of the following scalefish:

(i) striped trumpeter;

(ii) snapper;

(iii) yellowtail kingfish; or

(c) take or have possession of more than the following weight of the following scalefish:

(i) bastard trumpeter (Latridopis forsteri), 20 kilograms;

(ii) blue groper (Achoerodus gouldii), 50 kilograms;

(iii) red snapper (Centroberyx gerrardi), 50 kilograms.

(2)  The holder of an appropriate authority who is also the holder or supervisor of a scalefish licence who has possession of, or uses, more than 1 800 metres of shark net or has possession of more than 1 000 hooks in State waters must not take or have possession of the following species:

(a) Australian anchovy (Engraulis australis);

(b) Australian salmon or tommy ruff of the genus Arripis;

(c) banded morwong (Cheilodactylus spectabilis);

(d) black bream (Acanthopagrus butcheri);

(e) blue sprat (Spratelloides robustus);

(f) dusky morwong (Dactylophora nigricans);

(g) garfish (Hyporhamphus melanochir);

(h) grassy (rock) flathead (Platycephalus laevigatus);

(i) king gar (Scomberesox forsteri);

(j) King George whiting (Sillaginodes punctata);

(k) luderick (Girrella tricuspidata);

(l) magpie morwong (Cheilodactylus nigripes);

(m) mulloway (Argyrosomus hololepidotus);

(n) pilchard (Sardinops neopilchardus);

(o) red mullet (Upeneichthys vlamingii);

(p) sea sweep (Scorpis aequipinnis);

(q) snook (Sphyraena novaehollandiae);

(r) sprat (Clupea bassensis);

(s) wrasse (family Labridae);

(t) yelloweye mullet (Aldrichetta forsteri);

(u) yellowfinned whiting (Sillago schomburgkii).

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

119.   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) Australian anchovy (Engraulis australis), 10 kilograms;

(b) blue sprat (Spratelloides robustus), 10 kilograms;

(c) hardyhead, 10 kilograms;

(d) king gar (Scomberesox forsteri), 20 kilograms;

(e) pilchard (Sardinops neopilchardus), 10 kilograms;

(f) sprat (Clupidae bassensis), 10 kilograms.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

120.   Limits on taking and possessing squid and calamary

(1)  A person who is the holder of a fishing licence (scalefish C) must not take or have possession of, in State waters, any more than a combined total of 30 arrow squid or southern calamary.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(2)  Subrule (1) does not apply to a person who is the holder of a fishing licence (scalefish C) and a fishing licence (class seine).

121.   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 multiradiatus);

(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.

122.   Bag limits

(1)  A person, in State waters, must not take more than the daily catch limits, or possess in any adjacent area more than the possession limit for scalefish species, as specified in the following table unless the person –

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

(b) has an appropriate Commonwealth authority; or

(c) has proof that the fish were purchased.[Rule 122 Subrule (1) amended by No. 17 of 1996, Applied:26 Apr 2002]

Species	Daily catch limit (per person per day)	Possession limit (per person)
Bream (number of fish)	10	15
Tuna – southern bluefin, yellowfin, bigeye tuna. Combined total (number of fish)	2	3
Blue warehou	30	45
All shark species (except school shark and gummy shark) and elephant fish. Combined total (number of fish)	2	2
School shark and gummy shark. Combined total (number of fish)	2	2
Blue-eye trevalla (number of fish)	5	8
Striped trumpeter (number of fish)	5	8
Banded morwong (number of fish)	2	3
Squid all species (number of fish)	20	30
Redbait, jack mackerel and blue mackerel	30 per species	45 combined total
Bait species  – anchovy, pilchard, sprat, blue sprat and hardyhead (kilograms)	5	5
Mullet (number of fish)	30	45
Flathead (number of fish)	30	45
Leatherjacket (number of fish)	30	45
Flounder (number of fish)	30	45
Wrasse (number of fish)	30	45
Any other scalefish species (number for each species)	30	45
Total all scalefish combined, except bait fish (number of fish)	45	45

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(2)  For the purpose of subrule (1)  –

(a) 2 fillets of fish are equivalent to one fish; and

(b) an adjacent area includes –

(i) any boat ramp, wharf or jetty; and

(ii) any land-based fishing area; and

(iii) any road or track on which fish may be transported; and

(iv) any campsite or temporary residence.

(3)  Subrule (1) in relation to possession does not apply to a principal residence.

Division 3 - Size limits

123.   Size limits of banded morwong

A person must not take, buy, sell or have possession of any banded morwong that is less than 360mm in length or more than 460mm 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.

124.   Size limits of wrasse

A person must not take, buy, sell or have possession of any wrasse that is less than 300mm 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.

125.   Size limits of school shark

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

(a) any school shark that is less than 750mm 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 450mm.

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 710mm 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 400mm.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

126.   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 750mm 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 450mm.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

127.   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)
Australian salmon	200
bastard trumpeter	350
bream	250
flathead	300
flounder	250
garfish	250
jackass morwong (perch)	250
leatherjacket	200
long-snouted boarfish	450
mullet	250
silver trevally	200
striped trumpeter	350
warehou	250

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

Division 4 - Other matters

128.   Use of scalefish species as bait

A person must not, in State waters, use striped trumpeter, bastard trumpeter, banded morwong, boarfish, bigeye tuna, fish of the family Salmonidae, yellowfin tuna, southern bluefin tuna, pelagic shark, school shark or gummy shark as bait in fish traps or rock lobster pots, other than in the form of heads and frames, without proof of purchase.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

129.   Taking shark 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.

130.   Possession of shark fins

A person must not, in State waters, be in possession of shark fins without the trunks or bodies from which they came.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

131.   Sale of bream

A person must not sell bream.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

132.   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.

133.   Statutory Rules rescinded

The Statutory Rules specified in Schedule 2 are rescinded.

SCHEDULE 1 - Conversion rates for whole fish

Rule 115(5)

SCHEDULE 2 - Statutory Rules rescinded

Rule 133

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

Notified in the Gazette on 10 October 2001

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