Fisheries (Abalone) Rules 2000
I make the following rules under the Living Marine Resources Management Act 1995 .
4 February 2000D. E. Llewellyn
Minister for Primary Industries, Water and Environment
PART 1 - Preliminary
These rules may be cited as the Fisheries (Abalone) Rules 2000 .
These rules take effect on the day on which their making is notified in the Gazette.
(1) In these rules –abalone means fish of the genus Haliotis;abalone container includes a fishing vessel carrying abalone;abalone meat means any part of the flesh of an abalone that has been removed from its shell other than –(a) in the course of cooking or being consumed; or(b) being processed at processing premises;[Rule 3 Subrule (1) amended by S.R. 2001, No. 134, Applied:01 Nov 2001] abalone offal means the offal or viscera of abalone, excluding the shell and meat;abalone quota certificate means a certificate issued under rule 16 ;[Rule 3 Subrule (1) amended by S.R. 2003, No. 153, Applied:17 Dec 2003] [Rule 3 Subrule (1) amended by No. 17 of 1996, Applied:28 Feb 2001]Act means the Living Marine Resources Management Act 1995 ;[Rule 3 Subrule (1) amended by S.R. 2002, No. 144, Applied:01 Jan 2003] Bass Strait area means the area of State waters adjacent to the north coast of Tasmania and in Bass Strait bounded in the west by the line of longitude 145° 22’ 42” East and in the east by an imaginary line beginning where the line of longitude 147° 27’ 00” East meets the high-water mark of the north coast of the mainland of Tasmania in Anderson Bay then running due north until its junction with the line of latitude 40° 00’ 36.32” South then due east along that line of latitude until its junction with the high-water mark of the west coast of Flinders Island then following the high-water mark of Flinders Island in a generally clockwise direction until its junction with the line of longitude 148° 07’ 14.81” East then due north along that line of longitude to the limit of State waters;blacklip abalone means fish of the species Haliotis rubra;[Rule 3 Subrule (1) amended by S.R. 2000, No. 209, Applied:01 Jan 2001] changing zone report means a report relating to fishing for abalone that is part of records required to be kept under the Act;closed season means a season or period during which the abalone fishery is closed;[Rule 3 Subrule (1) amended by S.R. 2002, No. 144, Applied:01 Jan 2003] designated port means any one or more of the following:(a) Killiecrankie on Flinders Island;(b) Bridport;(c) George Town;(d) Beauty Point;(e) Port Sorell;(f) Devonport;(g) Burnie;(h) Wynyard;(i) Sisters Beach;(j) [Rule 3 Subrule (1) amended by S.R. 2003, No. 153, Applied:17 Dec 2003] Tam O'Shanter Bay;(k) [Rule 3 Subrule (1) amended by S.R. 2003, No. 153, Applied:17 Dec 2003] North East River;diver’s docket means a docket in an approved form relating to abalone that is part of records required to be kept under the Act;eastern blacklip abalone part of the fishery is the part of the commercial abalone fishery involving only blacklip abalone in State waters east of the line of longitude 146°28’55” East at Northdown Beach on the north coast of the mainland of Tasmania and east of the line of longitude 146°52’11” East at Whale Head on the south coast of the mainland of Tasmania;[Rule 3 Subrule (1) amended by No. 17 of 1996, Applied:28 Feb 2001] fish dispatch docket means a docket relating to the movement of abalone, rock lobster or giant crab that is part of records required to be kept under the Act;fish merchant means –(a) the holder of a fish processing licence that specifies abalone; or(b) a person who carries on the business of selling fish;[Rule 3 Subrule (1) amended by No. 17 of 1996, Applied:28 Feb 2001] fish receipt docket means a docket relating to the receipt of abalone, rock lobster or giant crab that is part of records required to be kept under the Act;[Rule 3 Subrule (1) amended by S.R. 2001, No. 134, Applied:01 Nov 2001] fish trap means a fish trap as defined in the Fisheries (Scalefish) Rules 2001 ;fishing gear means apparatus;[Rule 3 Subrule (1) amended by S.R. 2000, No. 209, Applied:01 Jan 2001] fishing trip means a trip undertaken for fishing starting from the departure from port and ending on the return to port;Franklin Sound means the State waters beginning at Holts Point at 148°2’38” East and 40°15’5” South, then east along the coast of Flinders Island to Pot Boil Point at 148°19’59” East and 40°12’45” South, then south directly to Puncheon Point on Cape Barren Island at 148°19’40” East and 40°17’33” South, then west along the north coast of Cape Barren Island to Prickly Bottom Beach at 148°3’18” East and 40°21’44” South, then north to Holts Point;giant crab means crab of the species Pseudocarcinus gigas;[Rule 3 Subrule (1) amended by S.R. 2001, No. 134, Applied:01 Nov 2001] giant crab trap means a giant crab trap as defined in the Fisheries (Rock Lobster and Giant Crab) Rules 2001 ;Grade 1 penalty means the penalty specified in regulation 5 of the Penalty Regulations;Grade 2 penalty means the penalty specified in regulation 6 of the Penalty Regulations;Grade 3 penalty means the penalty specified in regulation 7 of the Penalty Regulations;greenlip abalone means fish of the species Haliotis laevigata;[Rule 3 Subrule (1) amended by S.R. 2000, No. 209, Applied:01 Jan 2001]holder of a fishing licence (abalone dive) includes a supervisor of such a licence;[Rule 3 Subrule (1) amended by S.R. 2001, No. 134, Applied:01 Nov 2001] holder of a fishing licence (vessel) includes a supervisor of such a licence;landed, in relation to abalone, means when any abalone or abalone container –(a) is taken ashore; or(b) makes contact with an artificial extension of land after the abalone has been taken;landing area means an area specified in rule 35 ;[Rule 3 Subrule (1) amended by S.R. 2000, No. 209, Applied:01 Jan 2001] leaving area report means a report relating to fishing for abalone that is part of records required to be kept under the Act;[Rule 3 Subrule (1) amended by S.R. 2000, No. 209, Applied:01 Jan 2001] leaving port report means a report relating to fishing for abalone that is part of records required to be kept under the Act;[Rule 3 Subrule (1) amended by No. 17 of 1996, Applied:28 Feb 2001][Rule 3 Subrule (1) amended by S.R. 2000, No. 209, Applied:01 Jan 2001] mother boat means a fishing vessel that –(a) under normal circumstances is not to be towed on land on a trailer; and(b) [Rule 3 Subrule (1) amended by S.R. 2002, No. 144, Applied:01 Jan 2003](c) is used to transport holders of a fishing licence (abalone dive) on fishing trips for abalone; and(d) is used by holders of a fishing licence (abalone dive) –(i) to act as a diving platform to take abalone for commercial purposes; or(ii) [Rule 3 Subrule (1) amended by S.R. 2002, No. 144, Applied:01 Jan 2003] to operate a vessel from that acts as a diving platform to take abalone for commercial purposes;mutilated, in relation to abalone, means –(a) cut, punctured or bruised; or(b) otherwise damaged so as to cause bleeding;[Rule 3 Subrule (1) amended by S.R. 2000, No. 209, Applied:01 Jan 2001] northern area means the area of State waters adjacent to the north, north west and north east coast of the mainland of Tasmania, the Furneaux Group of Islands and King Island, and those State waters north of a line bounded in the east by an imaginary straight line from the northern side of the mouth of the Great Musselroe River at Musselroe Bay running due west for 100 metres, following the shoreline 100 metres from shore to the northernmost tip of Musselroe Point, running due north until intersection with the line of latitude 40o 48' 00" South, and running due east to the outer limit of State waters, and bounded in the west by an imaginary straight line running due west from the mouth of the Arthur River to the outer limit of State waters;[Rule 3 Subrule (1) amended by S.R. 2000, No. 209, Applied:01 Jan 2001] northern blacklip area means the area of State waters adjacent to the north, north west and north east coast of the mainland of Tasmania, the Furneaux Group of Islands and King Island, and those State waters generally north of a line bounded in the east by an imaginary line from the northern side of the mouth of the Great Musselroe River at Musselroe Bay, running due west for 100 metres, following the shoreline 100 metres from shore to the northernmost tip of Musselroe Point, running due north until intersection with the line of latitude 40o 48' 00" South, and running due east to the outer limit of State waters, and bounded in the west by an imaginary line from the northernmost point of Woolnorth Point to Brown Rocks and running due west to the limit of State waters;open season means a season or period during which the abalone fishery is open;[Rule 3 Subrule (1) amended by S.R. 2002, No. 144, Applied:01 Jan 2003][Rule 3 Subrule (1) amended by S.R. 2002, No. 144, Applied:01 Jan 2003] Penalty Regulations means the Fisheries Penalties Regulations 2001 ;post fishing report means a report relating to fishing for abalone that is part of records required to be kept under the Act;prior fishing report means a report relating to fishing for abalone that is part of records required to be kept under the Act;processing premises means a place, vessel or vehicle in respect of which a fish processing licence is in force;[Rule 3 Subrule (1) amended by No. 17 of 1996, Applied:28 Feb 2001][Rule 3 Subrule (1) amended by No. 17 of 1996, Applied:28 Feb 2001] receipt report means a report made to a reporting service by approved means containing approved information;reporting service means the service approved by the Secretary under rule 23 ;rock lobster means rock lobster of the genus Jasus;rock lobster pot means any basket, trap, cage or other contrivance, other than a rock lobster ring, that is designed for use, or is capable of being used, for or in connection with the taking of rock lobster or giant crab;rock lobster ring means a net consisting only of a single fixed ring or hoop to which a mesh of string or twine is attached that is designed for use, or is capable of being used, for or in connection with the taking of rock lobster;[Rule 3 Subrule (1) amended by S.R. 2000, No. 209, Applied:01 Jan 2001] [Rule 3 Subrule (1) amended by No. 17 of 1996, Applied:28 Feb 2001] securely fastened means on board and fastened to a mother boat;[Rule 3 Subrule (1) amended by No. 17 of 1996, Applied:28 Feb 2001] [Rule 3 Subrule (1) amended by S.R. 2001, No. 134, Applied:01 Nov 2001] site of unloading means the first point where any abalone or container of abalone is landed, unloaded or makes contact with an artificial extension of land;[Rule 3 Subrule (1) amended by S.R. 2001, No. 134, Applied:01 Nov 2001] trap means a rock lobster pot, giant crab trap or fish trap;[Rule 3 Subrule (1) amended by S.R. 2001, No. 134, Applied:01 Nov 2001] vessel monitoring system means a navigational measuring system that –[Rule 3 Subrule (1) amended by S.R. 2000, No. 209, Applied:01 Jan 2001](a) determines the location and activities of a vessel; and(b) is capable of transmitting data in relation to that location and those activities via a satellite communication system.(2) Any expression in these rules which is not defined in subrule (1) but is defined in the Act has the meaning as so defined.
These rules apply to the fishery for abalone.
These rules continue in force until 31 December 2004.
The Minister must consult with the appropriate advisory committee established in relation to the abalone fishery in respect of any changes relating to –(a) any area where fishing for abalone may occur; and(b) any matter relating to the characteristics of abalone; and(c) any opening and closing of the abalone fishery; and(d) fishing gear; and(e) limits on taking and possessing abalone.
7. Classes of fishing licences
For the purposes of these rules, a fishing licence is one of the following classes:(a) class abalone –(i) fishing licence (abalone dive); or(ii) fishing licence (abalone quota);(b) [Rule 7 Amended by S.R. 2002, No. 144, Applied:01 Jan 2003] class vessel, fishing licence (vessel);(c) [Rule 7 Amended by S.R. 2002, No. 144, Applied:01 Jan 2003] class personal, fishing licence (personal);(d) [Rule 7 Amended by S.R. 2002, No. 144, Applied:01 Jan 2003] class recreational, fishing licence (recreational abalone).
PART 2 - Taking and possessing abalone
The period during which the total allowable catch may be taken is from 1 January to 31 December in each year.
9. Closed and open season for abalone
[Rule 10 Rescinded by S.R. 2003, No. 153, Applied:17 Dec 2003] . . . . . . . .(1) The Minister, by public notice, may determine –(a) the dates of the closed season for all or part of the abalone fishery; and(b) the dates of the open season for all or part of the abalone fishery.(2) A person must not take abalone from State waters during the closed season.Penalty: Fine not exceeding the applicable Grade 3 penalty.
A person must not take any abalone unless that person –(a) is the holder of –(i) a fishing licence (abalone dive); or(ii) a fishing licence (recreational abalone); or(b) is an Aborigine undertaking an Aboriginal cultural activity.Penalty: Fine not exceeding the applicable Grade 3 penalty.
12. Authority of abalone licences
(1) A fishing licence (abalone quota) only authorises the holder to have a share of the total allowable catch of abalone which is equal to the number of abalone quota units specified in the licence.(2) [Rule 12 Subrule (2) amended by No. 17 of 1996, Applied:27 Jun 2001] A fishing licence (abalone dive) only authorises the holder to dive, take and have possession of abalone of a quantity specified in the licence and only the holder or supervisor as specified on that licence is authorised to dive, take and have possession of abalone under the authority of that licence.(3) [Rule 12 Subrule (3) inserted by S.R. 2002, No. 144, Applied:01 Jan 2003] A fishing licence (recreational abalone) only authorises the holder of the licence to take abalone for recreational purposes.(4) [Rule 12 Subrule (4) inserted by S.R. 2002, No. 144, Applied:01 Jan 2003] A person must not take abalone for recreational purposes unless the person is the holder of a fishing licence (recreational abalone).Penalty: Fine not exceeding the applicable Grade 3 penalty.(5) [Rule 12 Subrule (5) inserted by S.R. 2002, No. 144, Applied:01 Jan 2003] A person must not take any abalone for commercial purposes unless the person is the holder of a fishing licence (abalone dive) and a fishing licence (personal).Penalty: Fine not exceeding the applicable Grade 3 penalty.
13. Number of fishing licences (abalone dive)
The Minister is to ensure that not more than 125 fishing licences (abalone dive) are in force at the one time.
14. Restrictions on fishing licence (abalone dive)
(1) The holder of a fishing licence (abalone dive) –(a) must not have possession of an abalone that has been removed from its shell unless the holder is not on a fishing vessel and the abalone –(i) has been taken under a fishing licence (recreational abalone); or(ii) is being prepared for cooking or is being cooked or consumed; or(iii) is being or has been processed in processing premises; and(b) must not take an amount of abalone which exceeds the total amount specified in the licence at the time the abalone are taken; and(c) must not take an amount of abalone from a part of the fishery that exceeds the total amount specified in the licence for that part at the time the abalone are taken; and(d) must ensure that any abalone taken are landed in Tasmania before the abalone are transported outside State waters; and(e) must deliver all abalone to the holder of a fish processing licence that specifies abalone; and(f) must ensure that the abalone, on delivery, are in the shell and in a fresh and wholesome condition and not mutilated; and(g) must ensure the relevant diver’s docket accompanies the abalone.Penalty: Fine not exceeding the applicable Grade 3 penalty.(2) The holder of a fishing licence (abalone dive) –(a) must not take or possess abalone taken under a fishing licence (recreational abalone) while on a fishing vessel that is being used to take, transport or store abalone for commercial purposes; and(b) must carry a measuring device when diving; and(c) must measure an abalone with a measuring device as soon as it is detached; and(d) must immediately replace an undersized abalone; and(e) must not land abalone without being in possession of a diver’s docket at the landing area.Penalty: Fine not exceeding the applicable Grade 2 penalty.
15. Weight of total allowable catch
(1) The total allowable catch of abalone in 2000 is to be taken as follows:(a) 1400 tonnes from the western blacklip abalone part of the fishery;(b) 1190 tonnes from the eastern blacklip abalone part of the fishery;(c) 140 tonnes from the greenlip abalone part of the fishery.(2) A holder of an abalone quota unit may only authorise a holder of a fishing licence (abalone dive) to take the kilograms of abalone specified in the abalone quota certificate from the part of the fishery specified in that certificate.
The Secretary may issue a certificate certifying that a holder of abalone quota units may authorise a holder of a fishing licence (abalone dive) to take abalone of a weight specified in the certificate from the part of the fishery specified in the certificate in accordance with rule 15 .
[Rule 17 Substituted by No. 17 of 1996, Applied:27 Jun 2001](1) A person must not –(a) take more than 10 abalone in any one day, unless the person is the holder of a fishing licence (abalone dive); or(b) have possession of more than 5 abalone unless the person –(i) is the holder of a fishing licence (recreational abalone); or(ii) is undertaking an aboriginal cultural activity; or(iii) is a person referred to in paragraph (c) ; or(c) have possession of more than 20 abalone unless the person –(i) [Rule 17 Subrule (1) amended by No. 17 of 1996, Applied:01 May 2003] has the yellow sheet of the completed diver’s docket relating to the abalone with the abalone to which the docket relates; or(ii) has a receipt relating to the purchase of the abalone from a fish merchant with the abalone to which the receipt relates; or(iii) is the holder of a fishing licence (abalone dive) who has taken the abalone under that licence and the abalone have not been landed.Penalty: Fine not exceeding the applicable Grade 3 penalty.(2) Subrule (1)(b) and (c) does not apply if all the abalone are on, or have been taken from, a marine farm by or with the authority of the holder of the marine farming licence or a permit relating to marine farming and have been grown under that licence or permit.
A person must not –(a) dive from, or enter the water from, a fishing vessel or dinghy that is being used to take abalone for commercial purposes unless the person is the holder of a fishing licence (abalone dive); or(b) being the owner or master of a fishing vessel that is being used to take abalone for commercial purposes, permit any person to dive from, or enter the water from, that fishing vessel or a dinghy used in connection with the vessel unless the person diving or entering the water is the holder of a fishing licence (abalone dive).Penalty: Fine not exceeding the applicable Grade 3 penalty.
19. Restrictions on fishing licence (recreational abalone)
(1) The holder of a fishing licence (recreational abalone) must –(a) carry a measuring device while taking abalone; and(b) measure an abalone with the measuring device as soon as it is detached; and(c) immediately replace undersize abalone; and(d) bring ashore all abalone above high-water mark before detaching it from the shell.Penalty: Fine not exceeding the applicable Grade 3 penalty.(2) Subrule (1)(d) does not apply to the holder of a fishing licence (recreational abalone) if –(a) the holder only detaches the shell of one abalone per day; and(b) the holder is on a vessel –(i) that is registered to carry passengers under a Marine and Safety Tasmania (MAST) survey of Class I or Class II; and(ii) that is undertaking a charter; and(iii) the master of which has been authorised by the Secretary to have detached abalone aboard; and(c) the shell is retained on board the vessel until it returns to port; and(d) the detached abalone is part of the daily catch and possession limit.
20. Possessing abalone on vessel
(1) A person must not have possession of –(a) on any vessel, any abalone that is detached from its shell or processed in any form other than being packed; or(b) on a fishing vessel that is being used to take, transport or store abalone for commercial purposes, any –(i) rock lobster pot; or(ii) rock lobster ring; or(iii) rock lobster.Penalty: Fine not exceeding the applicable Grade 3 penalty.(2) A person must not have possession of, or use, abalone or part of abalone as bait unless authorised under a licence.Penalty: Fine not exceeding the applicable Grade 3 penalty.(3) [Rule 20 Subrule (3) inserted by S.R. 2001, No. 134, Applied:01 Nov 2001] Subrules (1)(a) and (2) do not apply to the holder of a fishing licence (personal) using abalone offal as bait if –(a) the abalone offal is used as bait in a trap; and(b) the holder is able to verify the source of that abalone offal and is able to verify the purchase of the abalone offal; and(c) no whole abalone, abalone shell or abalone meat is on the vessel from which the bait is being used or transported.
[Rule 21 Substituted by S.R. 2000, No. 209, Applied:01 Jan 2001](1) [Rule 21 Subrule (1) substituted by S.R. 2001, No. 134, Applied:01 Nov 2001] A person must not have possession of greenlip abalone meat that is less than 70 grams in weight unless the person is the holder of a fish processing licence and –(a) the abalone was not taken in State waters and was imported from another State; and(b) the person is able to verify the source of the abalone meat.Penalty: Fine not exceeding the applicable Grade 3 penalty.(2) [Rule 21 Subrule (2) substituted by S.R. 2002, No. 144, Applied:01 Jan 2003] A person must not have possession of any abalone meat, other than greenlip abalone meat, that is less than 90 grams in weight unless –(a) the person is the holder of a fish processing licence endorsed to process abalone; or(b) the person has bought or received the abalone from a fish merchant; or(c) the abalone is blacklip abalone taken from the northern area.Penalty: Fine not exceeding the applicable Grade 3 penalty.(3) [Rule 21 Subrule (3) amended by S.R. 2002, No. 144, Applied:01 Jan 2003] [Rule 21 Subrule (3) substituted by S.R. 2001, No. 134, Applied:01 Nov 2001] The holder of a fish processing licence must not have possession of any abalone meat, other than greenlip abalone meat, less than 90 grams in weight unless the abalone was taken in the northern blacklip area or the Bass Strait area or –(a) the abalone was not taken in State waters and was imported from another State; and(b) the holder is able to verify the source of the abalone meat.Penalty: Fine not exceeding the applicable Grade 3 penalty.
22. Storage of imported abalone meat
[Rule 22 Rescinded by No. 17 of 1996, Applied:28 Feb 2001] [Rule 22 Inserted by S.R. 2001, No. 134, Applied:01 Nov 2001] The holder of a fish processing licence who possesses abalone meat that is not taken from State waters but imported from another State must store or hold the abalone meat in bins or containers that do not contain any other abalone or abalone meat taken in State waters.Penalty: Fine not exceeding the applicable Grade 2 penalty.
22A. Taking abalone in certain areas
[Rule 22A Inserted by S.R. 2000, No. 209, Applied:01 Jan 2001](1) [Rule 22A Subrule (1) amended by S.R. 2002, No. 144, Applied:01 Jan 2003] [Rule 22A Subrule (1) amended by S.R. 2001, No. 134, Applied:01 Nov 2001] If the holder of a fishing licence (abalone dive) intends to take blacklip abalone in the northern area on a fishing trip, the holder, subject to subrules (2) , (4) and (6) –(a) must start and end that fishing trip within the northern area; and(b) must not enter State waters that are not within the northern area.Penalty: Fine not exceeding the applicable Grade 3 penalty.(2) [Rule 22A Subrule (2) amended by S.R. 2002, No. 144, Applied:01 Jan 2003] The holder of a fishing licence (abalone dive) intending to take blacklip abalone in the northern area on a fishing trip may start the fishing trip from outside that area if –(a) the holder undertakes the fishing trip on a mother boat; and(b) the holder completes a prior fishing report before the mother boat leaves port commencing that fishing trip; and(c) no abalone is on that mother boat before it enters the northern area; and(d) the supervisor of the fishing licence (vessel) under which the mother boat is authorised to carry abalone has completed a leaving port report; and(e) all dinghies on that mother boat are securely fastened for the duration of the fishing trip while the mother boat is in any State waters other than the northern area.(3) [Rule 22A Subrule (3) amended by S.R. 2002, No. 144, Applied:01 Jan 2003] If taking blacklip abalone in the northern area on a fishing trip, the holder of a fishing licence (abalone dive) must not take abalone or dive or swim on that fishing trip in State waters that are not within the northern area.Penalty: Fine not exceeding the applicable Grade 3 penalty.(4) [Rule 22A Subrule (4) amended by S.R. 2002, No. 144, Applied:01 Jan 2003] If during a fishing trip the holder of a fishing licence (abalone dive) has taken blacklip abalone in the northern area, the holder may enter State waters not within that area if –(a) the holder is undertaking the fishing trip on a mother boat; and(b) the supervisor of a fishing licence (vessel) under which the mother boat is authorised to carry abalone has completed a leaving area report; and(c) the mother boat leaves the northern area at the eastern boundary of the northern area at an imaginary line from the northern side of the mouth of the Great Musselroe River at Musselroe Bay, running due west for 100 metres, following the shoreline 100 metres from shore to the northernmost tip of Musselroe Point, running due north until intersection with the line of latitude 40o 48' 00" South, and running due east to the outer limit of State waters; and(d) the mother boat –(i) [Rule 22A Subrule (4) amended by S.R. 2001, No. 134, Applied:01 Nov 2001] completes that fishing trip on the east coast of Tasmania north of an imaginary straight line running east from the tip of St Helens Point or within the waters of Georges Bay; and(ii) [Rule 22A Subrule (4) amended by S.R. 2001, No. 134, Applied:01 Nov 2001] does not enter State waters south of that line, other than within Georges Bay; and(iii) [Rule 22A Subrule (4) amended by S.R. 2001, No. 134, Applied:01 Nov 2001] proceeds directly to the point of unloading after leaving the northern area; and(e) [Rule 22A Subrule (4) amended by S.R. 2001, No. 134, Applied:01 Nov 2001] all dinghies on that mother boat are securely fastened for the duration of the fishing trip while the mother boat is in any State waters other than the northern area; and(f) [Rule 22A Subrule (4) amended by S.R. 2001, No. 134, Applied:01 Nov 2001] the mother boat on which the fishing trip is undertaken is fitted with a vessel monitoring system.(5) [Rule 22A Subrule (5) amended by S.R. 2002, No. 144, Applied:01 Jan 2003] The holder of a fishing licence (abalone dive) must not take blacklip abalone in the northern area on a fishing trip unless the intention is stated in the prior fishing report relating to that fishing trip.Penalty: Fine not exceeding the applicable Grade 3 penalty.(6) [Rule 22A Subrule (6) amended by S.R. 2002, No. 144, Applied:01 Jan 2003] [Rule 22A Subrule (6) inserted by S.R. 2001, No. 134, Applied:01 Nov 2001] If during a fishing trip the holder of a fishing licence (abalone dive) has taken blacklip abalone in the northern area, the holder may enter State waters not within that area if –(a) the holder is undertaking the fishing trip on a mother boat; and(b) the supervisor of a fishing licence (vessel) under which the mother boat is authorised to carry abalone has completed a leaving area report; and(c) the mother boat leaves the northern area at the southern boundary of the northern area delineated by an imaginary straight line running due west from the mouth of the Arthur River to the limit of State waters; and(d) the mother boat –(i) completes that fishing trip on the west coast of Tasmania north of an imaginary line running due west from Cape Sorell to the limit of State waters or within Macquarie Harbour; and(ii) does not enter State waters south of that line other than in Macquarie Harbour or the channel into Macquarie Harbour; and(iii) proceeds directly to the port of unloading after leaving the northern area; and(e) all dinghies on that mother boat are securely fastened for the duration of the fishing trip while the mother boat is in any State waters other than the northern area; and(f) the mother boat on which that trip is undertaken is fitted with a vessel monitoring system.
22AB. Taking abalone in Bass Strait area
[Rule 22AB Inserted by S.R. 2002, No. 144, Applied:01 Jan 2003](1) If the holder of a fishing licence (abalone dive) intends to take blacklip abalone in the Bass Strait area on a fishing trip, the holder, subject to subrules (2) and (4) –(a) must start and end that fishing trip within the Bass Strait area; and(b) must not enter State waters that are not within the Bass Strait area.Penalty: Fine not exceeding the applicable Grade 3 penalty.(2) The holder of a fishing licence (abalone dive) intending to take blacklip abalone in the Bass Strait area on a fishing trip may start the fishing trip from outside that area if –(a) the holder undertakes the fishing trip on a mother boat; and(b) the holder completes a prior fishing report before the mother boat leaves port commencing that fishing trip; and(c) no abalone is on the mother boat before it enters the Bass Strait area; and(d) the supervisor of the fishing licence (vessel) under which the mother boat is authorised to carry abalone has completed a leaving port report; and(e) all dinghies on that mother boat are securely fastened for the duration of the fishing trip while the mother boat is in any State waters other than the Bass Strait area; and(f) the mother boat on which the fishing trip is undertaken is fitted with a vessel monitoring system.(3) If taking blacklip abalone in the Bass Strait area on a fishing trip, the holder of a fishing licence (abalone dive) must not take abalone or dive or swim on that fishing trip in State waters that are not within the Bass Strait area.Penalty: Fine not exceeding the applicable Grade 3 penalty.(4) If during a fishing trip the holder of a fishing licence (abalone dive) has taken blacklip abalone in the Bass Strait area, the holder may enter State waters not within that area if –(a) the holder is undertaking the fishing trip on a mother boat; and(b) the supervisor of the fishing licence (vessel) under which the mother boat is authorised to carry abalone has completed a leaving area report; and(c) if the mother boat leaves the Bass Strait area at the eastern boundary of the Bass Strait area at an imaginary line beginning where the line of longitude 147° 27’ 00” East meets the high-water mark of the north coast of the mainland of Tasmania in Anderson Bay then running due north until its junction with the line of latitude 40° 00’ 36.32” South then due east along that line of latitude until its junction with the high-water mark of the west coast of Flinders Island then following the high-water mark of Flinders Island in a generally clockwise direction until the junction with the line of longitude 148° 07’ 14.81” East then due north along that line of longitude to the limit of State waters, the mother boat –(i) completes that fishing trip north of an imaginary line running east from the tip of St Helens point to the outer limit of State waters or within the waters of Georges Bay; and(ii) does not enter State waters south of that line running east from St Helens Point other than Georges Bay; and(d) if the mother boat leaves the Bass Strait area at the western boundary of the Bass Strait area at the line of longitude 145° 22’ 42” East, the mother boat –(i) completes that fishing trip within the waters of the northern blacklip area; and(ii) does not enter State waters that are not within the northern blacklip area; and(e) the mother boat proceeds directly to the point of unloading after leaving the Bass Strait area; and(f) all dinghies on that mother boat are securely fastened for the duration of the fishing trip while the mother boat is in any State waters other than the Bass Strait area; and(g) the mother boat on which the fishing trip is undertaken is fitted with a vessel monitoring system.(5) The holder of a fishing licence (abalone dive) must not take blacklip abalone in the Bass Strait area on a fishing trip unless the intention to take those abalone is stated in the prior fishing report relating to that fishing trip.Penalty: Fine not exceeding the applicable Grade 3 penalty.
[Rule 22B Inserted by S.R. 2000, No. 209, Applied:01 Jan 2001] [Rule 22B Substituted by S.R. 2002, No. 144, Applied:01 Jan 2003](1) If undertaking a fishing trip for which the supervisor of a fishing licence (vessel) under which the mother boat is authorised to carry abalone has made a leaving port report, the supervisor must ensure that –(a) abalone are not taken from State waters other than the northern area; and(b) abalone are not on the mother boat before it enters the northern area; and(c) all dinghies on the mother boat are securely fastened on the vessel while it is in any State waters other than the northern area.Penalty: Fine not exceeding the applicable Grade 3 penalty.(2) If undertaking a fishing trip for which the supervisor of a fishing licence (vessel) under which a mother boat is authorised to carry abalone has made a leaving port report, and the holder of a fishing licence (abalone dive) undertaking that fishing trip has indicated in a prior fishing report the intention to take blacklip abalone from the Bass Strait area on that fishing trip, the supervisor must ensure that –(a) abalone are not taken from State waters other than the Bass Strait area; and(b) abalone are not on the mother boat before it enters the Bass Strait area; and(c) all dinghies on the mother boat are securely fastened on the vessel while it is in any State waters other than the Bass Strait area.Penalty: Fine not exceeding the applicable Grade 3 penalty.
22BA. Completing certain fishing trips within certain area
[Rule 22BA Inserted by S.R. 2001, No. 134, Applied:01 Nov 2001] [Rule 22BA Substituted by S.R. 2002, No. 144, Applied:01 Jan 2003](1) The supervisor of a fishing licence (vessel) under which a mother boat is authorised to carry abalone who undertakes a fishing trip carrying the holder of a fishing licence (abalone dive) who has dived for, or has taken, blacklip abalone on that fishing trip in the northern area must complete that fishing trip within the northern area unless –(a) the supervisor has completed a leaving area report; and(b) the mother boat completes that fishing trip –(i) on the west coast of Tasmania north of an imaginary line running due west from Cape Sorell to the outer limit of State waters or within Macquarie Harbour; or(ii) on the east coast of Tasmania north of an imaginary line running due east from the tip of St Helens Point or within the waters of Georges Bay; and(c) the mother boat does not enter State waters south of the boundaries referred to in paragraph (b) other than in Macquarie Harbour or the channel into Macquarie Harbour on the west coast or the waters of Georges Bay on the east coast; and(d) all dinghies on that mother boat are securely fastened for the duration of the fishing trip while the mother boat is in any State waters other than the northern area; and(e) the mother boat is fitted with a vessel monitoring system; and(f) the mother boat proceeds directly to the port of unloading after leaving the northern area.(2) The supervisor of a fishing licence (vessel) under which a mother boat is authorised to carry abalone who undertakes a fishing trip carrying the holder of a fishing licence (abalone dive) who has dived for, or has taken, blacklip abalone on that fishing trip in the Bass Strait area must complete that fishing trip within the Bass Strait area unless –(a) the supervisor has completed a leaving area report; and(b) the mother boat completes that fishing trip –(i) in State waters within the northern blacklip area; or(ii) on the north-east or east coast of Tasmania or other islands in State waters north of an imaginary line running due east from the tip of St Helens Point to the outer limit of State waters or within the waters of Georges Bay; and(c) the mother boat does not enter State waters that are not within the boundaries referred to in paragraph (b) except the waters of Georges Bay on the east coast; and(d) all dinghies on that mother boat are securely fastened for the duration of the fishing trip while the mother boat is in any State waters other than the Bass Strait area; and(e) the mother boat is fitted with a vessel monitoring system; and(f) the mother boat proceeds directly to the port of unloading after leaving the Bass Strait area.
22C. Requirements relating to certain sizes
[Rule 22C Inserted by S.R. 2000, No. 209, Applied:01 Jan 2001](1) If the holder of a fishing licence (abalone dive) has reported to the reporting service the intention not to take on a fishing trip any abalone with a shell length less than 132mm, the holder must not take or possess any blacklip abalone on that fishing trip with a shell length less than 132mm.Penalty: Fine not exceeding the applicable Grade 3 penalty.(2) If the holder of a fishing licence (abalone dive) has reported to the reporting service the intention to take on a fishing trip abalone with a shell length less than 132mm, the holder, on that fishing trip –(a) must start and end that fishing trip in the northern blacklip area, unless the holder takes the action referred to in rule 22A(2)(a) , (b) , (c) , (d) and (e) ; and(b) must not enter State waters that are not within the northern blacklip area, unless undertaking that trip on a mother boat; and(c) must not take abalone or dive or swim in State waters that are not within the northern blacklip area; and(d) must not leave the northern blacklip area unless –(i) undertaking that fishing trip on a mother boat; and(ii) the conditions for leaving the northern area as specified by rule 22A(4) are complied with.Penalty: Fine not exceeding the applicable Grade 3 penalty.
22CA. Vessel monitoring system for Bass Strait area
[Rule 22CA Inserted by S.R. 2002, No. 144, Applied:01 Jan 2003](1) The holder of a fishing licence (abalone dive) must not undertake a fishing trip on a fishing vessel during which the holder takes, or intends to take, blacklip abalone in the Bass Strait area unless that vessel is –(a) fitted with a vessel monitoring system; or(b) launched and retrieved from a designated port; or(c) transported by, and operates from, a mother boat where that operation includes –(i) the transportation to and from areas of fishing; and(ii) the carriage, storage and transportation to the port of unloading of all abalone taken by the holder of that licence on that fishing trip.Penalty: Fine not exceeding the applicable Grade 3 penalty.(2) The supervisor of a fishing licence (vessel) under which a mother boat is authorised to carry abalone must not undertake a fishing trip on a fishing vessel carrying the holder of a fishing licence (abalone dive) during which that holder takes, or intends to take, blacklip abalone in the Bass Strait area unless that vessel is fitted with a vessel monitoring system.Penalty: Fine not exceeding the applicable Grade 3 penalty.
22D. Processor handling of small abalone
[Rule 22D Inserted by S.R. 2000, No. 209, Applied:01 Jan 2001] [Rule 22D Substituted by S.R. 2002, No. 144, Applied:01 Jan 2003](1) The holder of a fish processing licence, on receipt of blacklip abalone taken from the northern blacklip area, must –(a) transport and hold that abalone, before processing, in bins, containers or holding tanks; and(b) ensure that the bins, containers or holding tanks are marked with the words "northern area" or a red tag marked with the words "northern area".Penalty: Fine not exceeding the applicable Grade 3 penalty.(2) The holder of a fish processing licence, on receipt of blacklip abalone taken from the Bass Strait area, must –(a) transport and hold that abalone, before processing, in bins, containers or holding tanks; and(b) ensure that the bins, containers or holding tanks are marked with the words "Bass Strait area" or a red tag marked with the words "Bass Strait area".Penalty: Fine not exceeding the applicable Grade 3 penalty.
PART 3 - Reporting
Division 1 - Reports
The Secretary may approve a service as the service that may receive reports under this Part.
(1) The holder of a fishing licence (abalone dive), not more than 24 hours before entering State waters for the purpose of taking abalone for commercial purposes, must make a prior fishing report to the reporting service.Penalty: Fine not exceeding the applicable Grade 2 penalty.(1A) [Rule 24 Subrule (1A) inserted by S.R. 2000, No. 209, Applied:01 Jan 2001] If the holder of a fishing licence (abalone dive) intends to take abalone in the northern area on a fishing trip, the holder must indicate that intention in the prior fishing report relating to that fishing trip.Penalty: Fine not exceeding the applicable Grade 2 penalty.(1B) [Rule 24 Subrule (1B) inserted by S.R. 2000, No. 209, Applied:01 Jan 2001] If the holder of a fishing licence (abalone dive) intends to take on a fishing trip in the northern area abalone with a shell length less than 132mm, the holder must indicate this intention in the prior fishing report relating to that fishing trip.Penalty: Fine not exceeding the applicable Grade 2 penalty.(1C) [Rule 24 Subrule (1C) inserted by S.R. 2002, No. 144, Applied:01 Jan 2003] If the holder of a fishing licence (abalone dive) intends to take blacklip abalone in the Bass Strait area on a fishing trip, the holder must indicate that intention in the prior fishing report relating to that fishing trip.Penalty: Fine not exceeding the applicable Grade 3 penalty.(2) On receipt of a prior fishing report from the holder of a fishing licence (abalone dive), the reporting service is to issue to the holder a report receipt number.
[Rule 24A Inserted by S.R. 2000, No. 209, Applied:01 Jan 2001](1) The holder of a fishing licence (abalone dive) who has made a prior fishing report for a fishing trip may make a changing zone report during that fishing trip to change the holder's intention to either take or not take abalone in the northern area or to take or not to take abalone less than 132mm if –(a) the holder has not taken any abalone on that fishing trip at that time; and(b) no abalone is on the vessel from which the holder is diving at that time.(2) On receipt of a changing zone report from the holder of a fishing licence (abalone dive), the reporting service is to issue to the holder a report receipt number.
[Rule 24B Inserted by S.R. 2000, No. 209, Applied:01 Jan 2001](1) The supervisor of a fishing licence (vessel) authorising a mother boat to carry abalone must make a leaving port report to the reporting service not more than 24 hours and not less than 2 hours before the start of a fishing trip if –(a) the supervisor intends to take the holder of a fishing licence (abalone dive) on that fishing trip; and(b) [Rule 24B Subrule (1) amended by S.R. 2002, No. 144, Applied:01 Jan 2003] the holder intends to take blacklip abalone in the northern area on that fishing trip; and(c) the fishing trip starts outside the northern area.Penalty: Fine not exceeding the applicable Grade 2 penalty.(1A) [Rule 24B Subrule (1A) inserted by S.R. 2002, No. 144, Applied:01 Jan 2003] The supervisor of a fishing licence (vessel) authorising a mother boat to carry abalone must make a leaving port report to the reporting service not more than 24 hours and not less than 2 hours before the start of a fishing trip if –(a) the supervisor intends to take the holder of a fishing licence (abalone dive) on that fishing trip; and(b) the holder intends to take blacklip abalone in the Bass Strait area on that fishing trip; and(c) the fishing trip starts outside the Bass Strait area.Penalty: Fine not exceeding the applicable Grade 2 penalty.(2) On receipt of a leaving port report from the supervisor, the reporting service is to issue to the supervisor a report receipt number.
[Rule 24C Inserted by S.R. 2000, No. 209, Applied:01 Jan 2001](1) [Rule 24C Subrule (1) amended by S.R. 2001, No. 134, Applied:01 Nov 2001] The supervisor of a fishing licence (vessel) under which the mother boat is authorised to carry abalone who intends to leave the northern area to enter State waters as permitted by rule 22A(4) or (6) or rule 22BA must make a leaving area report to the reporting service no less than 2 hours before leaving the northern area.Penalty: Fine not exceeding the applicable Grade 2 penalty.(1A) [Rule 24C Subrule (1A) inserted by S.R. 2002, No. 144, Applied:01 Jan 2003] The supervisor of a fishing licence (vessel) under which the mother boat is authorised to carry abalone who intends to leave the Bass Strait area to enter State waters as permitted by rule 22AB or 22BA must make a leaving area report to the reporting service not less than 2 hours before leaving the Bass Strait area.Penalty: Fine not exceeding the applicable Grade 2 penalty.(2) On receipt of a leaving area report from the supervisor, the reporting service is to issue to the supervisor a report receipt number.
[Rule 26 Rescinded by No. 17 of 1996, Applied:28 Feb 2001] . . . . . . . . [Rule 27 Rescinded by No. 17 of 1996, Applied:28 Feb 2001] . . . . . . . .(1) The holder of a fishing licence (abalone dive) must make a post fishing report to the reporting service –(a) within 2 hours of landing, if any abalone were not taken; or(b) within 30 minutes of completing the diver’s docket under rule 29(2) or (3) , if abalone was taken.Penalty: Fine not exceeding the applicable Grade 3 penalty.(2) On receipt of a post fishing report from the holder of a fishing licence (abalone dive), the reporting service is to issue to the holder a report receipt number.
28. Recording and providing report receipt number
A person to whom a report receipt number is issued by a reporting service must –(a) record that report receipt number; and(b) provide that report receipt number when required to do so by a fisheries officer.Penalty: Fine not exceeding the applicable Grade 2 penalty.
Division 2 - Diver’s dockets
[Rule 30 Rescinded by No. 17 of 1996, Applied:28 Feb 2001] . . . . . . . . [Rule 30A Inserted by S.R. 2000, No. 209, Applied:01 Jan 2001] [Rule 30A Rescinded by No. 17 of 1996, Applied:28 Feb 2001] . . . . . . . . [Rule 31 Rescinded by No. 17 of 1996, Applied:28 Feb 2001] . . . . . . . .(1) The holder of a fishing licence (abalone dive) must complete the information relating to fishing in Part A of a diver’s docket –(a) on the day on which the abalone are taken; and(b) as soon as possible after that day’s diving is complete.Penalty: Fine not exceeding the applicable Grade 3 penalty.(2) The holder of a fishing licence (abalone dive) must complete Part A of a diver’s docket within 4 hours after the abalone are landed.Penalty: Fine not exceeding the applicable Grade 3 penalty.(3) The holder of a fishing licence (abalone dive) must complete Part A of a diver’s docket –(a) if the processing premises are located within the landing area, before the abalone enters the premises, place or vehicle; or(ab) [Rule 29 Subrule (3) amended by No. 17 of 1996, Applied:28 Feb 2001] if the processing premises are within 100 metres of the site of unloading, or otherwise within the landing area –(i) before the holder of a fish processing licence makes the receipt report relating to the abalone specified on that diver's docket; and(ii) before Part B of that diver's docket is completed; and(iii) within 15 minutes after the last abalone relating to that diver's docket enters any place within processing premises that is capable of being fully enclosed; or(b) in any other case, before the abalone leave the landing area.Penalty: Fine not exceeding the applicable Grade 3 penalty.(4) The holder of a fishing licence (abalone dive) must –(a) send the pink sheet of the completed diver’s docket to the Secretary within 48 hours after Part B of the diver’s docket has been completed; and(b) [Rule 29 Subrule (4) amended by No. 17 of 1996, Applied:01 May 2003] retain the white sheet of the completed diver’s docket for at least 5 years.Penalty: Fine not exceeding the applicable Grade 2 penalty.(5) [Rule 29 Subrule (5) amended by No. 17 of 1996, Applied:01 May 2003] The holder of a fishing licence (abalone dive) must ensure that any information entered on a diver’s docket appears and is maintained in a clear and legible manner on the each sheet of the diver’s docket.Penalty: Fine not exceeding the applicable Grade 2 penalty.
Division 3 - . . . . . . . .[Division 3 of Part 3 Rescinded by No. 17 of 1996, Applied:28 Feb 2001] [Rule 32 Rescinded by No. 17 of 1996, Applied:28 Feb 2001] . . . . . . . . [Rule 33 Rescinded by No. 17 of 1996, Applied:28 Feb 2001] . . . . . . . . [Rule 34 Rescinded by No. 17 of 1996, Applied:28 Feb 2001] . . . . . . . .
PART 4 - Miscellaneous
The following are landing areas:[Rule 36 Rescinded by No. 17 of 1996, Applied:28 Feb 2001] . . . . . . . .(a) at Great Musselroe Bay, the area within a radius of 200 metres on the landward side from the high tide mark closest to the point of landing in Great Musselroe Bay;(b) at Bluff Hill Point, the area within a radius of 200 metres on the landward side from the high tide mark closest to the point of landing in Mawson Bay;(c) at Couta Rocks, the area within a radius of 200 metres on the landward side from the high tide mark closest to the point of landing at Couta Rocks;(d) at Garden Point near Port Arthur, the area within a radius of 500 metres on the landward side from the high tide mark closest to the launching ramp in Long Bay;(e) at a place within 5 kilometres of Granville Harbour, the area within a radius of 1 500 metres on the landward side from the high tide mark closest to the point of landing;(f) at Green Point near Marrawah, the area of Green Point Road to the intersection of Green Point Road and Comeback Road;(g) at Ocean Beach, the area within a radius of 200 metres on the landward side from the high tide mark closest to the point of landing at Braddon Point;(h) at Petal Point, the area within a radius of 150 metres on the landward side from the high tide mark closest to the commencement of the access road at the southern end of Lemons Beach;(i) at South Arm, the area within a radius of 500 metres on the landward side from the high tide mark closest to the launching ramp in Halfmoon Bay;(j) at Temma, the area within a radius of 200 metres on the landward side from the high tide mark closest to the point of landing in Temma Harbour;(k) at Trial Harbour, the area within a radius of 300 metres on the landward side from the high tide mark closest to the point of landing in Trial Harbour;(ka) [Rule 35 Amended by S.R. 2002, No. 144, Applied:01 Jan 2003] at Southport at the boat ramp on the northern side of the Southport narrows, an area that is within 50 metres of the landward side of the high-water mark of that boat ramp, including Kingfish Beach Road in an easterly direction of that boat ramp until that road intersects with the Huon Highway, and an area 30 metres in any direction from the centre of that intersection;(l) at any other place, the area within a radius of 50 metres on the landward side from the high tide mark closest to the point of landing.
37. Records by holders of fishing licence (abalone dive)
The holder of a fishing licence (abalone dive) must make and keep records within Tasmania that enable the following information to be determined in relation to operations conducted under the licence and in relation to business activities arising in connection with those operations:(a) the date of any sale or consignment of abalone made by or on behalf of the holder;(b) the exact weight of abalone sold or consigned;(c) the form of abalone sold or consigned;(d) the price or consideration received for abalone;(e) the name and address of the purchaser or consignee of abalone.Penalty: Fine not exceeding the applicable Grade 3 penalty.
38. Unauthorised possession of docket book
A person or an agent of a person must not have possession of any of the following unused dockets unless it was issued to the person and the person is the current holder of a fishing licence (abalone dive) or a fish processing licence:(a) diver’s docket;(b) [Rule 38 Amended by No. 17 of 1996, Applied:28 Feb 2001] fish dispatch docket;(c) [Rule 38 Amended by No. 17 of 1996, Applied:28 Feb 2001] fish receipt docket.Penalty: Fine not exceeding the applicable Grade 2 penalty.
39. Return of unused docket book
A person who was the holder of a fishing licence (abalone dive) or a fish processing licence, within 14 days after the expiration or cancellation of the licence, must return to the Secretary the following unused dockets issued to that person:(a) diver’s dockets;(b) [Rule 39 Amended by No. 17 of 1996, Applied:28 Feb 2001] fish dispatch docket;(c) [Rule 39 Amended by No. 17 of 1996, Applied:28 Feb 2001] fish receipt docket.Penalty: Fine not exceeding the applicable Grade 2 penalty.
[Rule 40 Rescinded by S.R. 2000, No. 209, Applied:01 Jan 2001] [Rule 40 Inserted by S.R. 2001, No. 134, Applied:01 Nov 2001] The provisions of Part 3 of the Fisheries Rules 1999 relating to a vessel monitoring system apply to the holder of a fishing licence (vessel).
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 9 February 2000
These rules are administered in the Department of Primary Industries, Water and Environment.