Fisheries (Rock Lobster and Giant Crab) Rules 2001
I make the following rules under the Living Marine Resources Management Act 1995 .
21 December 2000D. E. LLEWELLYN
Minister for Primary Industries, Water and Environment
PART 1 - Preliminary
These rules may be cited as the Fisheries (Rock Lobster and Giant Crab) Rules 2001 .
These rules take effect on 28 February 2001.
(1) In these rules –Act means the Living Marine Resources Management Act 1995 ;carapace means the shell that covers the dorsal surface of the cephalothorax of rock lobster or giant crab;closed season means a season or period during which the rock lobster fishery or giant crab fishery is closed for fishing;commercial fishing licence means –(a) a fishing licence (rock lobster); or(b) a fishing licence (giant crab);commercial giant crab quota docket means a docket relating to giant crab quota that is part of the records required to be kept under the Act;commercial rock lobster quota docket means a docket relating to rock lobster quota that is part of records required to be kept under the Act;D'Entrecasteaux Channel means those waters within the area bounded –(a) on the south by an imaginary straight line from Point Scott (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) on 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;dispatch report means the report referred to in rule 69 ;distinguishing mark means a mark allotted under the Fisheries Rules 1999 ;export means transportation beyond the limits of State waters;fish cauf means fishing gear used in State waters for holding fish;fish cauf report means the report referred to in rule 67 ;fish dispatch docket means a docket referred to in rule 79 ;fish merchant means –(a) the holder of any licence other than a recreational fishing licence; or(b) a person who carries on the business of selling fish;fishing gear means apparatus;fishing trip means a trip undertaken for fishing commencing from departure from port and ending on the return to port;giant crab means crab of the species Pseudocarcinus gigas;giant crab carry over unit means a unit equal to the weight of giant crab allocated under rule 52(2) ;giant crab catch record means a record relating to giant crab catch that is part of the records required to be kept under the Act;giant crab longline means a line to which more than 2 traps are attached;giant crab quota unit means a unit that is an entitlement to take 1/1035th of the total allowable catch;giant crab quota unit balance means the portion of the total weight of giant crab quota units and the portion of the total weight of the giant crab carry over unit specified in a fishing licence that remains uncaught;giant crab sales receipt means a receipt relating to the sale of giant crab that is part of the records required to be kept under the Act;giant crab trap means any basket, trap, cage or other contrivance that is designed for use, or is capable of being used, for or in connection with the taking of giant crab;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;holder, in relation to a licence, includes a person authorised as a supervisor in respect of the licence, except in rules 36 , 37 , 39 , 43 and 48 ;holding tank means a tank on land or on or in a jetty or other structure attached to land used to hold rock lobster or giant crab as authorised under a commercial fishing licence;immediate proximity means –(a) within a distance of 100 metres; or(b) within a greater distance as specified under rule 68(3) ;leaving port report means the report referred to in rule 65 ;marine nature reserve means a marine nature reserve referred to in the Fisheries Rules 1999 ;marker buoy means a buoy marked in accordance with these rules;movement report means the report referred to in rule 68 ;octopus means fish of the genus Octopus;open season means a season or period during which the rock lobster fishery or giant crab fishery is open for fishing;[Rule 3 Subrule (1) amended by S.R. 2002, No. 2, Applied:15 Feb 2002][Rule 3 Subrule (1) amended by S.R. 2002, No. 2, Applied:15 Feb 2002] Penalty Regulations means the Fisheries Penalties Regulations 2001 ;port of landing means a port specified in Schedule 1 ;processing premises means a place, vessel or vehicle in respect of which a fish processing licence is in force;quota docket means a commercial rock lobster quota docket or commercial giant crab quota docket;receipt means a receipt referred to in the Fisheries Rules 1999 ;recreational fishing gear tag means a tag referred to in rule 26 ;recreational fishing licence means a fishing licence referred to in rule 7(c) ;reporting service means a service approved by the Secretary under rule 64 ;River Derwent means the waters upstream of an imaginary line extending from Dennes Point to Cape Direction (otherwise known as the most southern point of South Arm);rock lobster means rock lobster of the genus Jasus;rock lobster catch record means a record relating to rock lobster catch that is part of records required to be kept under the Act;rock lobster carry over unit means a unit equal to the weight of rock lobster allocated under rule 52(1) ;rock lobster pot means any basket, trap, cage or other contrivance, or any of its component parts, (other than a rock lobster ring) that is designed for use, or is capable of being used, for or in connection with the taking of rock lobster;rock lobster quota unit balance means the sum of the portion of the total weight of rock lobster quota units and the portion of the total weight of the rock lobster carry over unit specified in a fishing licence that remain uncaught;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;rock lobster sales receipt means a receipt relating to the sale of rock lobster that is part of the records required to be kept under the Act;sale includes disposal for commercial purposes;set means to place or attempt to place in State waters;site of unloading means –(a) [Rule 3 Subrule (1) amended by S.R. 2002, No. 2, Applied:15 Feb 2002] the first point where any fish or container of fish are unloaded or make contact with an artificial extension of land; or(b) any other place determined by the Secretary;spear includes a spear gun and any apparatus with a pointed end;Taroona waters means Taroona waters as defined in the Fisheries Rules 1999 ;trap means –(a) a giant crab trap; or(b) a rock lobster pot;unloading means the act of taking, causing or permitting fish to be taken from a fishing vessel, fish cauf or State waters onto land or from a holding tank on land;unloading report means the report referred to in rule 66 ;vessel monitoring system means a system that monitors the position of, and activities on, a vessel.(2) Any expression in these rules that is not defined in subrule (1) but is defined in the Act has the meaning as so defined.
These rules apply to the fisheries for rock lobster and giant crab in State waters.
These rules continue in force for a period of 5 years.
The Minister must consult with the advisory committees and fishing bodies established in relation to the rock lobster fishery, the giant crab fishery and the recreational fishery 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 fishery; 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 recreational –(i) fishing licence (recreational rock lobster dive); or(ii) fishing licence (recreational rock lobster pot); or(iii) fishing licence (recreational rock lobster ring); or(iv) fishing licence (recreational special rock lobster);(d) class rock lobster, fishing licence (rock lobster);(e) class giant crab, fishing licence (giant crab).
The Minister, by public notice, may determine –(a) the dates of the closed season for all or part of the rock lobster fishery and the giant crab fishery; and(b) the dates of the open season for all or part of the rock lobster fishery and the giant crab fishery.
PART 2 - General matters
Division 1 - Restrictions on rock lobster
9. Taking and possessing rock lobster during closed season
(1) A person must not take rock lobster from State waters during the closed season.Penalty: Fine not exceeding the applicable Grade 3 penalty.(2) A person must not have possession of rock lobster during the closed season.Penalty: Fine not exceeding the applicable Grade 3 penalty.(3) It is a defence to any proceedings under subrule (2) for a person to prove that the rock lobster were taken, bought, sold or in possession during the open season or imported into the State.
10. Restrictions on female rock lobster
A person must not –(a) take, buy, sell or have possession of, a female rock lobster having any eggs or spawn attached; or(b) detach, or otherwise remove, from a female rock lobster any eggs or spawn or the setae or fibres to which any of those eggs are or have been attached; or(c) have possession of a female rock lobster from which any eggs, spawn, setae or fibres have been detached or otherwise removed.Penalty: Fine not exceeding the applicable Grade 3 penalty.
11. Restrictions on rock lobster generally
(1) A person must not –(a) buy or sell rock lobster that has any portion of the central segment of its tail fan removed; or(b) use a spear for the taking of rock lobster; or(c) take more than 5 rock lobster a day unless the person is the holder of a fishing licence (rock lobster).Penalty: Fine not exceeding the applicable Grade 3 penalty.(2) A person must not take rock lobster from, or have possession of rock lobster in, Taroona waters.Penalty: Fine not exceeding the applicable Grade 3 penalty.(3) A person must not take rock lobster from, or have possession of rock lobster taken from, a marine nature reserve.Penalty: Fine not exceeding the applicable Grade 3 penalty.(4) Subrule (3) does not apply to rock lobster taken from State waters within the Maria Island National Park that lie to the east of a line between Cape Boullanger and Cape Bougainville.(5) A person must not place a rock lobster in a rock lobster pot in any State waters, or take rock lobster from a rock lobster pot, before the pot is hauled to the surface by a hauling line.Penalty: Fine not exceeding the applicable Grade 3 penalty.
12. Minimum size of rock lobster
(1) A person must not take, buy, sell or have possession of –(a) male rock lobster less than 110 millimetres in carapace length; or(b) female rock lobster less than 105 millimetres in carapace length.Penalty: Fine not exceeding the applicable Grade 3 penalty.(2) The carapace length of a rock lobster, whether alive, dead or processed, is the minimum distance measured from the anterior surface of the median suture of the frontal tubercule to the posterior edge of the dorsal region of the carapace, excluding any attached hairs.
13. Possession and control of rock lobster
(1) A person, in State waters, must not have possession of rock lobster that is dismembered or cut up.Penalty: Fine not exceeding the applicable Grade 3 penalty.(2) Subrule (1) does not apply to a person who –(a) has possession of a single cut-up or dismembered rock lobster on a fishing vessel or a vessel being used for recreational purposes if the vessel –(i) was used to take the rock lobster; and(ii) is not in port; or(b) carries on a business selling rock lobster served as meals if the person has a receipt verifying the purchase of the rock lobster.(3) A person must not have possession of more than 5 rock lobster unless the person –(a) has a receipt verifying the purchase of those rock lobster; or(b) has a rock lobster sales receipt or commercial rock lobster quota docket verifying the transfer to the person from the holder of a fishing licence (rock lobster); or(c) is the holder of –(i) a fishing licence (rock lobster); or(ii) a fishing licence (recreational rock lobster pot); or(iii) a fishing licence (recreational rock lobster dive); or(iv) a fishing licence (recreational rock lobster ring); or(d) has possession of rock lobster taken as part of undertaking an Aboriginal cultural activity.Penalty: Fine not exceeding the applicable Grade 3 penalty.(4) The holder of a fishing licence (recreational rock lobster pot), fishing licence (recreational rock lobster dive) or a fishing licence (recreational rock lobster ring) or a person undertaking an Aboriginal cultural activity must not have possession of more than 10 rock lobster.Penalty: Fine not exceeding the applicable Grade 3 penalty.(5) Subrules (3) and (4) do not apply to –(a) possession of rock lobster at a dwelling if the total number of rock lobster is not more than the aggregate of –(i) 10 for each holder of a recreational fishing licence or a person undertaking an Aboriginal cultural activity and 5 for each other person who resides at the dwelling; and(ii) a further 10 for each person specified in subrule (6) who usually resides at the dwelling on a permanent basis; or(b) possession of rock lobster in a vehicle if the total number of rock lobster is not more than the aggregate of –(i) 10 for each holder of a recreational fishing licence or a person undertaking an Aboriginal cultural activity and 5 for each other person who is in that vehicle; and(ii) a further 10 for each person specified in subrule (6) who is in that vehicle for the period specified in the licence.(6) The following are persons specified for the purpose of subrule (5)(a)(ii) and (5)(b)(ii) :(a) a person who was the holder of a 28-day fishing licence (recreational special rock lobster) not more than 90 days before the alleged offence;(b) a person who was the holder of a 14-day fishing licence (recreational special rock lobster) not more than 90 days before the alleged offence.(7) A person must not have possession of rock lobster in State waters unless the person –(a) is the holder of –(i) a fishing licence (rock lobster); or(ii) a fishing licence (recreational rock lobster dive); or(iii) a fishing licence (recreational rock lobster pot); or(iv) a fishing licence (recreational rock lobster ring); or(b) is undertaking an Aboriginal cultural activity.Penalty: Fine not exceeding the applicable Grade 3 penalty.(8) A person must not have possession of rock lobster that is not tagged in accordance with rule 94 or marked in accordance with rule 95 unless the person is the holder of –(a) a fish processing licence that authorises the possession of rock lobster; or(b) a handling licence that authorises the possession of rock lobster; or(c) a fishing licence (rock lobster).Penalty: Fine not exceeding the applicable Grade 3 penalty.
A person, in State waters, must not –(a) use or permit to be used any portion or all of a rock lobster as bait in a fish trap or a rock lobster pot; or(b) use, or have possession of, any portion or all of a rock lobster for bait.Penalty: Fine not exceeding the applicable Grade 3 penalty.
(1) A person, other than the holder of a fish processing licence endorsed for rock lobster, must not sell or have possession of a rock lobster tail unless the person also has possession of the remaining portion of the rock lobster.Penalty: Fine not exceeding the applicable Grade 3 penalty.(2) Subrule (1) does not apply to a person who –(a) has the written approval of the Secretary; and(b) complies with the conditions of that approval.(3) A person must not have possession of a rock lobster tail that measures less than 50 millimetres across the widest point of the anterior end of the tail.Penalty: Fine not exceeding the applicable Grade 3 penalty.
Division 2 - Restrictions on giant crab
16. Taking and possessing giant crab during closed season
(1) A person must not take giant crab from State waters during the closed season.Penalty: Fine not exceeding the applicable Grade 3 penalty.(2) A person must not have possession of giant crab during the closed season.Penalty: Fine not exceeding the applicable Grade 3 penalty.(3) It is a defence to any proceedings under subrule (2) for a person to prove that the giant crab were taken, bought, sold or in possession during the open season or imported into the State.
17. Restrictions on giant crab
A person must not –(a) take, buy or sell, or have possession of, a female giant crab having eggs or spawn attached; or(b) remove any eggs or spawn from a female giant crab; or(c) have possession of a female giant crab from which eggs or spawn have been removed; or(d) dismember a giant crab in State waters; or(e) have possession of a dismembered giant crab in State waters.Penalty: Fine not exceeding the applicable Grade 3 penalty.
(1) A person must not take giant crab from, or have possession of giant crab taken from, a marine nature reserve.Penalty: Fine not exceeding the applicable Grade 3 penalty.(2) Subrule (1) does not apply to giant crab taken from State waters within the Maria Island National Park that lie to the east of a line between Cape Boullanger and Cape Bougainville.
19. Taking and possessing giant crab
(1) A person must not take or have possession of giant crab in State waters unless the person holds –(a) a fishing licence (giant crab); or(b) a fishing licence (rock lobster); or(c) a fishing licence (recreational rock lobster pot).Penalty: Fine not exceeding the applicable Grade 3 penalty.(2) The holder of a fishing licence (rock lobster) who does not hold a fishing licence (giant crab) must not –(a) have possession of more than 5 giant crabs in State waters; or(b) take more than 100 kilograms of giant crabs during the period of the licence.Penalty: Fine not exceeding the applicable Grade 3 penalty.(3) The holder of a fishing licence (recreational rock lobster pot) acting under the authority of that licence must not –(a) take more than one giant crab each day; or(b) have possession of more than one giant crab in State waters.Penalty: Fine not exceeding the applicable Grade 3 penalty.(4) A person must not have possession of more than 2 giant crab unless the person –(a) has a receipt verifying the purchase of those giant crabs; or(b) has a giant crab sales receipt or giant crab quota docket verifying the transfer to the person from the holder of a fishing licence (giant crab); or(c) is the holder of –(i) a fishing licence (rock lobster); or(ii) a fishing licence (recreational rock lobster pot); or(iii) a fishing licence (giant crab).Penalty: Fine not exceeding the applicable Grade 3 penalty.
20. Taking giant crab of certain size
(1) A person must not take, buy, sell or have possession of giant crab less than 150 millimetres in carapace length or greater than 215 millimetres in carapace length.Penalty: Fine not exceeding the applicable Grade 3 penalty.(2) The carapace length of a giant crab is the minimum distance measured in a straight line in any plane from the anterior surface of the point of the carapace midway between the eyes to the rear of the carapace, excluding the ligament or any part of the belly flap.
PART 3 - Licences
Division 1 - Recreational rock lobster
21. Taking rock lobster recreationally
(1) A person must not take rock lobster for recreational purposes unless the person is the holder of a recreational fishing licence.Penalty: Fine not exceeding the applicable Grade 3 penalty.(2) Subrule (1) does not apply to a person who takes rock lobster from the shore with a handline.(3) A person must not take rock lobster for recreational purposes by means of diving or swimming unless the person is the holder of a fishing licence (recreational rock lobster dive).Penalty: Fine not exceeding the applicable Grade 3 penalty.(4) A person must not take rock lobster for recreational purposes by means of a rock lobster pot unless the person is the holder of a fishing licence (recreational rock lobster pot).Penalty: Fine not exceeding the applicable Grade 3 penalty.(5) A person must not take rock lobster for recreational purposes by means of a rock lobster ring unless the person is the holder of a fishing licence (recreational rock lobster ring).Penalty: Fine not exceeding the applicable Grade 3 penalty.(6) A person must not take rock lobster for recreational purposes using fishing gear other than a rock lobster pot, rock lobster ring or a handline.Penalty: Fine not exceeding the applicable Grade 3 penalty.
22. Authority of recreational fishing licences
(1) A fishing licence (recreational rock lobster dive) only authorises the holder of the licence to take rock lobster by means of diving or swimming for recreational fishing.(2) A fishing licence (recreational rock lobster pot) only authorises the holder of the licence to use one rock lobster pot to take rock lobster for recreational fishing.(3) A fishing licence (recreational rock lobster ring) only authorises the holder of the licence to use up to 4 rock lobster rings to take rock lobster for recreational fishing.(4) A fishing licence (recreational special rock lobster) authorises the holder of the licence to have possession of up to 10 more rock lobster than otherwise authorised under a fishing licence (recreational rock lobster dive), a fishing licence (recreational rock lobster pot) or a fishing licence (recreational rock lobster ring).
23. Number of recreational fishing licences
A person must not hold more than one of each of the recreational fishing licences specified in rule 7(c)(i) , (ii) or (iii) .Penalty: Fine not exceeding the applicable Grade 2 penalty.
24. Grant of recreational fishing licence
(1) A fishing licence (recreational special rock lobster) may only be granted to the holder of –(a) a fishing licence (recreational rock lobster dive); or(b) a fishing licence (recreational rock lobster pot); or(c) a fishing licence (recreational rock lobster ring).(2) During a period of 12 months starting on 1 November in any year, a person may only be granted –(a) one 28-day fishing licence (recreational special rock lobster); or(b) two 14-day fishing licences (recreational special rock lobster).(3) A recreational fishing licence may be granted or renewed by a person delegated to do so by the Minister under the Act even though the person is not satisfied as to all of the matters specified in section 78 or 81 of the Act.(4) The Minister is not to grant a recreational fishing licence to a person under 10 years of age.
25. Recreational fishing licence number
(1) On the issue of a fishing licence (recreational rock lobster pot), a fishing licence (recreational rock lobster dive) or a fishing licence (recreational rock lobster ring), the Secretary is to –(a) allot a number to the licence; and(b) advise the holder of the licence of that number.(2) On being advised of the licence number, the holder of the licence must –(a) mark that number legibly and clearly on the marker buoy required for any fish cauf, rock lobster pot or rock lobster ring used under the licence with figures not less than 70 millimetres high and 12 millimetres wide; and(b) ensure that only marks required under paragraph (a) are on the buoy; and(c) attach the buoy securely to the fish cauf or rock lobster pot to which the licence relates; and(d) maintain the number in a clear and legible condition.Penalty: Fine not exceeding the applicable Grade 2 penalty.(3) The licence holder must not use a rock lobster pot or fish cauf unless the marker buoy to which the licence relates is attached.Penalty: Fine not exceeding the applicable Grade 2 penalty.
26. Recreational fishing gear tag
(1) The Secretary is to issue to the holder of a fishing licence (recreational rock lobster pot) a recreational fishing gear tag for any fishing gear to be used under the licence.(2) The holder of a fishing licence (recreational rock lobster pot) 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 it is clearly visible on the surface of the water when the gear is in use.Penalty: Fine not exceeding the applicable Grade 2 penalty.(3) If a recreational fishing gear tag relating to a fishing licence (recreational rock lobster pot) 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.
27. Aboriginal cultural activity gear tag
(1) The Secretary may issue to a person who intends to undertake any Aboriginal cultural activity a tag for any rock lobster pot to be used for that activity.(2) A person issued with a tag under subrule (1) must not undertake any Aboriginal cultural activity unless the tag issued for that rock lobster pot is attached to the rock lobster pot so that the tag is clearly visible on the surface of the water when the rock lobster pot is in use.Penalty: Fine not exceeding the applicable Grade 2 penalty.
28. Restrictions on fishing licence (recreational rock lobster dive)
The holder of a fishing licence (recreational rock lobster dive) must not –(a) place a rock lobster in a rock lobster pot in any State waters, or take rock lobster from a rock lobster pot, before the rock lobster pot is hauled to the surface by a hauling line; or(b) take rock lobster by any method other than with a bare or gloved hand; or(c) take or have possession of rock lobster during a fishing trip when fishing for commercial purposes is being carried out under the authority of another licence.Penalty: Fine not exceeding the applicable Grade 3 penalty.
29. Restrictions on fishing licence (recreational rock lobster pot)
(1) The holder of a fishing licence (recreational rock lobster pot) must not have possession of or use in State waters –(a) more than one rock lobster pot; or(b) any rock lobster pot during a fishing trip when fishing for commercial purposes is being carried out.Penalty: Fine not exceeding the applicable Grade 3 penalty.(2) The holder of a fishing licence (recreational rock lobster pot) must not set in State waters a rock lobster pot for more than 48 hours at a time unless the person advises a fisheries officer that he or she is unable to retrieve the pot because of –(a) adverse weather conditions; or(b) mechanical breakdown of, or structural damage to, the vessel from which the rock lobster pot was set; or(c) illness of the person.Penalty: Fine not exceeding the applicable Grade 3 penalty.
30. Restrictions relating to rock lobster rings
(1) The holder of a fishing licence (recreational rock lobster ring) must not have possession of or use in State waters a rock lobster ring during a fishing trip while fishing for commercial purposes.Penalty: Fine not exceeding the applicable Grade 3 penalty.(2) A person must not have possession of or use in State waters –(a) more than 4 rock lobster rings; or(b) a rock lobster ring greater than one metre in diameter.Penalty: Fine not exceeding the applicable Grade 3 penalty.
A person must not use more than one rock lobster pot unless the person holds a fishing licence (rock lobster).Penalty: Fine not exceeding the applicable Grade 3 penalty.
Division 2 - Commercial rock lobster fishery
32. Taking rock lobster commercially
A person must not take any rock lobster for commercial purposes unless –(a) the person is the holder of a fishing licence (rock lobster) and a fishing licence (personal); and(b) the rock lobster is taken by means of a rock lobster pot or rock lobster ring.Penalty: Fine not exceeding the applicable Grade 3 penalty.
33. Number of fishing licences (rock lobster)
The Minister is to ensure that not more than 315 fishing licences (rock lobster) are in force at the one time.
34. Authority of fishing licence (rock lobster)
A fishing licence (rock lobster) only authorises the holder to –(a) take the weight of rock lobster equivalent to the number of rock lobster quota units specified in the licence; and(b) take the weight of rock lobster equivalent to the rock lobster carry over unit specified in the licence; and(c) take rock lobster for sale; and(d) use the number of rock lobster pots specified in the licence; and(e) use the fishing vessel specified in the fishing certificate; and(f) take or have possession of up to 100 kilograms of octopus in State waters; and(g) take up to 100 kilograms of giant crabs during the period of the licence and have possession of 5 or less giant crabs in State waters; and(h) use up to 4 rock lobster rings.
35. Restrictions on fishing licence (rock lobster)
(1) The holder of a fishing licence (rock lobster) must not, in State waters, use, carry or have possession of, or cause any other person to use, carry or have possession of, rock lobster pots exceeding the number specified in the licence.Penalty: Fine not exceeding the applicable Grade 3 penalty.(2) The holder of a fishing licence (rock lobster) must not take more than 100 kilograms more than the weight of rock lobster specified by the total number of rock lobster quota units and the rock lobster carry over unit specified in the licence.Penalty: Fine not exceeding the applicable Grade 3 penalty.(3) The holder of a fishing licence (rock lobster) must not use a fishing vessel that is not specified in the fishing certificate.Penalty: Fine not exceeding the applicable Grade 3 penalty.(4) The holder of a fishing licence (rock lobster) must not take or have possession of more than 100 kilograms of octopus in State waters.Penalty: Fine not exceeding the applicable Grade 2 penalty.(5) The holder of a fishing licence (rock lobster) must not have possession of more than 5 giant crabs in State waters unless authorised by another licence to do so.Penalty: Fine not exceeding the applicable Grade 3 penalty.(6) The holder of a fishing licence (rock lobster) must not take more than 100 kilograms of giant crabs during the period of the licence unless authorised by another licence to do so.Penalty: Fine not exceeding the applicable Grade 3 penalty.(7) The holder of a fishing licence (rock lobster) must carry a copy of the licence on the fishing vessel during a fishing trip.
36. Grant and renewal of fishing licence (rock lobster)
(1) The Minister, subject to section 78 of the Act, is to grant a fishing licence (rock lobster) to a person applying for that licence if that person –(a) was the holder of the licence as at the previous 28 February; and(b) has not transferred the licence to another person.(2) The holder of a fishing licence (rock lobster) may apply to the Minister for the renewal of the licence.(3) The Minister, on payment of the prescribed fee, is to renew a fishing licence (rock lobster) if satisfied that the holder of the licence has not been convicted of any offence under the Commonwealth Act or an Act of another State or a Territory of the Commonwealth which the Minister considers relevant to the holding of a licence.(4) If the Minister is not satisfied as required under subrule (3) , the Minister may –(a) renew the licence subject to any condition the Minister considers appropriate; or(b) refuse to renew the licence.
Division 3 - Giant crab
37. Grant and renewal of fishing licence (giant crab)
(1) The Minister, subject to section 78 of the Act, is to grant a fishing licence (giant crab) to a person applying for that licence if that person –(a) was the holder of the licence as at the previous 28 February; and(b) has not transferred the licence to another person.(2) The holder of a fishing licence (giant crab) may apply to the Minister for the renewal of the licence.(3) The Minister, on payment of the prescribed fee and the fee referred to in section 274(1) of the Act, is to renew a fishing licence (giant crab) if satisfied that the holder of the licence has not been convicted of any offence under a corresponding law which the Minister considers relevant to the holding of a licence.(4) If the Minister is not satisfied as required under subrule (3) , the Minister may –(a) renew the licence subject to any condition the Minister considers appropriate; or(b) refuse to renew the licence.
38. Authority of fishing licence (giant crab)
A fishing licence (giant crab) only authorises the holder to –(a) take the weight of giant crab equivalent to –(i) the number of giant crab quota units specified in the licence; or(ii) the giant crab carry over unit specified in the licence; and(b) take giant crab for sale; and(c) use the number of traps specified in the licence; and(d) use the fishing vessel specified in the fishing certificate.
39. Transfer of fishing licence (giant crab)
The Minister is not to transfer a fishing licence (giant crab) from one person to another person unless –(a) the licence is transferred with the associated fishing licence (rock lobster); or(b) the licence is transferred to another person who is the holder of a fishing licence (rock lobster).
40. Restrictions on fishing licence (giant crab)
(1) [Rule 40 Subrule (1) amended by No. 17 of 1996, Applied:28 Feb 2001] The holder of a fishing licence (giant crab) must not, in State waters, use, carry or have possession of, or cause any other person to use, carry or have possession of, more traps than allowed for under rules 56 and 57 .Penalty: Fine not exceeding the applicable Grade 3 penalty.(2) The holder of a fishing licence (giant crab) must not take more than 70 kilograms more than the weight of giant crab specified by the total number of giant crab quota units specified in the licence.Penalty: Fine not exceeding the applicable Grade 3 penalty.(3) The holder of a fishing licence (giant crab) must not use a fishing vessel that is not specified in the fishing certificate to take giant crab.Penalty: Fine not exceeding the applicable Grade 3 penalty.
PART 4 - Quota units
41. Taking rock lobster or giant crab in accordance with rock lobster quota units
(1) The holder of a commercial fishing licence must not take any rock lobster or giant crab unless the number of rock lobster quota units or giant crab quota units that may be taken is specified in the licence.Penalty: Fine not exceeding the applicable Grade 2 penalty.(2) The number of rock lobster quota units to be specified in a licence is not to be more than 120.(3) [Rule 41 Subrule (3) amended by S.R. 2002, No. 2, Applied:15 Feb 2002] The number of giant crab quota units to be specified in a licence is not to be more than 300.
42. Quota units held on licence
(1) [Rule 42 Subrule (1) amended by No. 17 of 1996, Applied:28 Feb 2001] The number of rock lobster quota units held on a licence is to be at least 5 and not more than 120.(2) [Rule 42 Subrule (2) amended by S.R. 2002, No. 2, Applied:15 Feb 2002] The number of giant crab quota units held on a licence is to be at least one and not more than 300.
43. Period of total allowable catch for rock lobster
(1) The period during which the total allowable catch for the rock lobster fishery may be taken is the period starting 1 March in any year and ending on the last day of February in the following year.(2) The Minister is to allocate the total allowable catch for rock lobster fishery A to the holders of fishing licences (rock lobster) according to the number of rock lobster units held and owned by those holders in respect of those licences as at the last day of February before the start of the period referred to in subrule (1) .
44. Period of total allowable catch for giant crab
(1) The period during which the total allowable catch for the giant crab fishery may be taken is the period starting 1 March in any year and ending on the last day of February in the following year.(2) The Minister is to allocate the total allowable catch for the giant crab fishery to the holders of fishing licences (giant crab) according to the number of giant crab quota units held and owned by those holders in respect of those licences as at the last day of February before the start of the period referred to in subrule (1) .
45. Specification of entitlements
(1) Any entitlement to a rock lobster quota unit is to be held on a fishing licence (rock lobster).(2) Any entitlement to a rock lobster carry over unit is to be held on a fishing licence (rock lobster).(3) Any entitlement to a rock lobster pot is to be held on a fishing licence (rock lobster).(4) Any entitlement to a giant crab quota unit is to be held on a fishing licence (giant crab).(5) Any entitlement to a giant crab carry over unit is to be held on a fishing licence (giant crab).
46. Limit on quota units and licences
(1) The holder of a fishing licence (rock lobster) must not receive any payment from or benefit in kind in or hold –(a) more than a total of 200 rock lobster quota units; and(b) more than 7 separate fishing licences (rock lobster).Penalty: Fine not exceeding the applicable Grade 3 penalty.(2) The holder of a fishing licence (giant crab) must not receive any payment from or benefit in kind in or hold –(a) [Rule 46 Subrule (2) amended by S.R. 2002, No. 2, Applied:15 Feb 2002] more than 300 giant crab quota units; and(b) more than 7 separate fishing licences (giant crab).Penalty: Fine not exceeding the applicable Grade 3 penalty.(3) The Minister is not to specify more than 5 fishing licences (giant crab) on one fishing certificate.
47. Status of licences and numbers of quota units
(1) A fishing licence (rock lobster) with less than 15 rock lobster quota units specified in the licence –(a) is to be endorsed with a condition that prohibits the licence being used to take fish; or(b) is to have at least one rock lobster quota unit specified in the licence and be on the same fishing certificate as a fishing licence (giant crab) with at least 15 giant crab quota units specified in that licence.(2) A fishing licence (giant crab) with less than 15 giant crab quota units specified in the licence is to be –(a) on a fishing certificate with at least 15 rock lobster units specified in the fishing licence (rock lobster); or(b) endorsed with a condition that prohibits the licence being used to take fish.
(1) The Minister is not to transfer a rock lobster quota unit or a giant crab quota unit to a person who is not the holder of a relevant commercial fishing licence.(2) The Minister is not to transfer a rock lobster quota unit or giant crab quota unit unless –(a) the relevant quota unit balance is reduced by the weight equal to the number of quota units to be transferred; and(b) the weight of rock lobster or giant crab for that quota unit has not already been caught.(3) The Minister is not to transfer a partially caught rock lobster quota unit or giant crab quota unit.(4) Subrules (2)(b) and (3) do not apply to the permanent transfer of a rock lobster quota unit or giant crab quota unit from one licence holder to another.(5) If only one giant crab quota unit is specified in a fishing licence (giant crab), the Minister is not to transfer it unless –(a) it is transferred with the fishing licence (giant crab) under rule 39 ; or(b) the licence is surrendered to the Minister and the quota unit is transferred to another fishing licence (giant crab).(6) Subrule (5) does not apply to the transfer of a giant crab quota unit on a temporary basis.(7) The Minister is not to transfer a rock lobster quota unit on a permanent basis without also transferring the entitlement to a rock lobster pot to the same person.(8) [Rule 48 Subrule (8) inserted by No. 17 of 1996, Applied:28 Feb 2001] The Minister is not to transfer an entitlement to a rock lobster pot to a person on a permanent basis without also transferring a rock lobster quota unit to that person.
(1) The Minister is to ensure that any quantity of rock lobster taken under a fishing licence (rock lobster) in excess of the quantity specified in the licence is deducted from the rock lobster quota unit balance for the following year as follows:(a) for a quantity of 20 kilograms or less, a deduction equivalent to the amount of the quantity taken;(b) for a quantity greater than 20 kilograms and not more than 45 kilograms, a deduction equivalent to 20 kilograms plus 1.5 kilograms for each kilogram taken over 20 kilograms;(c) for a quantity greater than 45 kilograms and not more than 70 kilograms, a deduction equivalent to 58 kilograms plus 2 kilograms for each kilogram taken over 45 kilograms;(d) for a quantity greater than 70 kilograms and not more than 100 kilograms, a deduction of 108 kilograms plus 3 kilograms for each kilogram taken over 70 kilograms;(e) for a quantity greater than 100 kilograms, a deduction of 198 kilograms.(2) The Minister is to ensure that any quantity of giant crab taken under a fishing licence (giant crab) in excess of the quantity specified in the licence is deducted from the giant crab quota unit balance for the following year as follows:(a) for a quantity of 50 kilograms or less, a deduction equivalent to the amount of the quantity taken;(b) for a quantity greater than 50 kilograms and not more than 70 kilograms, a deduction of 50 kilograms plus 2 kilograms for each kilogram taken over 50 kilograms;(c) for a quantity greater than 70 kilograms, a deduction of 90 kilograms.(3) [Rule 49 Subrule (3) inserted by S.R. 2002, No. 2, Applied:15 Feb 2002] A deduction from the rock lobster quota unit balance or the giant crab quota unit balance may exceed the quantity specified in subrule (1)(e) or subrule (2)(c) if the holder of the commercial fishing licence demonstrates that the excess quantity of fish was taken unintentionally.(4) [Rule 49 Subrule (4) inserted by S.R. 2002, No. 2, Applied:15 Feb 2002] In a case to which subrule (3) applies, the Minister is to ensure that an amount equivalent to the quantity of the fish taken in excess of the quantity specified in subrule (1)(e) or subrule (2)(c) is deducted from the rock lobster quota unit balance or giant crab quota unit balance, as appropriate, for the following year.
(1) The holder of a commercial fishing licence must not take rock lobster or giant crab for commercial purposes if the quota unit balance in relation to the licence is zero kilograms or less.Penalty: Fine not exceeding the applicable Grade 3 penalty.(2) The holder of a commercial fishing licence must keep records on the vessel showing the rock lobster quota unit balance or giant crab quota unit balance for the licence after each unloading and before the commencement of a fishing trip.Penalty: Fine not exceeding the applicable Grade 2 penalty.(3) The holder of a commercial fishing licence must not possess more rock lobster or giant crab in State waters than the quota unit balance.Penalty: Fine not exceeding the applicable Grade 3 penalty.
51. Deduction of rock lobster or giant crab from quota at end of open season
[Rule 51 Substituted by S.R. 2002, No. 2, Applied:15 Feb 2002](1) The holder of a commercial fishing licence who intends holding rock lobster or giant crab on the fishing vessel during a closed season must –(a) weigh rock lobster or giant crab that are to remain on the fishing vessel during the closed season within 48 hours of the start of the closed season; and(b) complete Part A of the commercial rock lobster quota docket or commercial giant crab quota docket and enter on the docket that the rock lobster or giant crab have not been unloaded and are still on the fishing vessel; and(c) forward a copy of the commercial rock lobster quota docket or commercial giant crab quota docket to the Secretary within 48 hours; and(d) retain the pink copy until the rock lobster or giant crab are unloaded and Part B is completed according to the method of sale; and(e) unload the rock lobster or giant crab before the commencement of the first fishing trip of the next open season.Penalty: Fine not exceeding the applicable Grade 3 penalty.(2) The holder of a fishing licence (giant crab) who intends to hold giant crab in a fish cauf during a closed season –(a) must weigh the giant crab that are to be held in the fish cauf within 48 hours of the start of the closed season; and(b) must complete the commercial giant crab quota docket and enter on it that the giant crab are being held in the fish cauf; and(c) must forward the pink copy of the commercial giant crab quota docket to the Secretary within 48 hours; and(d) must not place any additional giant crab in the fish cauf unless rule 90(11) has been complied with.Penalty: Fine not exceeding the applicable Grade 3 penalty.
52. Allocation of uncaught portion
(1) The Minister may allocate to each fishing licence (rock lobster) the uncaught portion of the rock lobster quota balance up to the equivalent of one rock lobster quota unit as the rock lobster carry over unit for the following year.(2) The Minister may allocate to each fishing licence (giant crab) the uncaught portion of the giant crab quota balance up to the equivalent of one giant crab quota unit as the giant crab carry over unit for the following year.(3) [Rule 52 Subrule (3) amended by S.R. 2002, No. 2, Applied:15 Feb 2002] A rock lobster carry over unit or giant crab carry over unit is not to be transferred on a permanent basis.(4) [Rule 52 Subrule (4) omitted by S.R. 2002, No. 2, Applied:15 Feb 2002] . . . . . . . .(5) [Rule 52 Subrule (5) omitted by S.R. 2002, No. 2, Applied:15 Feb 2002] . . . . . . . .
52A. Research catch allocation
[Rule 52A Inserted by S.R. 2002, No. 2, Applied:15 Feb 2002](1) The Secretary may increase the value of the rock lobster carry over unit instead of payment for approved research undertaken by the holder of the fishing licence (rock lobster).(2) The Secretary is not to increase the value of all rock lobster carry over units so that the total value exceeds 1% of the total allowable catch.
PART 5 - Fishing apparatus
53. Configuration of rock lobster pots
(1) A rock lobster pot must –(a) have only one neck or entrance; and(b) comprise only one chamber capable of trapping rock lobster; and(c) be provided with one or more escape gaps in its side in accordance with subrules (3) and (4) .(2) The neck or entrance of a rock lobster pot must be sufficiently large so that a sphere which is not less than 200 millimetres in diameter can pass through the neck or entrance without touching any part of the neck or entrance or any object projecting into the neck or entrance.(3) A rock lobster pot must have –(a) not less than one rectangular escape gap that is –(i) not less than 57 millimetres high and not less than 400 millimetres wide; and(ii) located on the side of the pot so that its longer sides are generally parallel to the floor of the pot and its lower internal edge is not more than 150 millimetres above the floor of the pot; or(b) not less than 2 rectangular escape gaps each of which is –(i) not less than 57 millimetres high and not less than 200 millimetres wide; and(ii) located on the side of the pot so that its longer sides are generally parallel to the floor of the pot and its lower internal edge is not more than 150 millimetres above the floor of the pot.(4) An escape gap must be located clear of any obstruction that is likely to restrict the movement of undersize rock lobster through the escape gap or otherwise impinge upon, or effectively reduce, the minimum required internal dimensions of the escape gap.(5) A rock lobster pot must have –(a) horizontal dimensions that are not more than 1 250 millimetres by 1 250 millimetres; and(b) a vertical height of not more than 750 millimetres.(6) A rock lobster pot must not contain any thing likely to entangle rock lobster in the pot.(7) A person, in State waters, must not have possession of, or use, a rock lobster pot that does not comply with this rule.Penalty: Fine not exceeding the applicable Grade 3 penalty.
54. Use of rock lobster pots in certain places
(1) A person must not use a rock lobster pot in State waters that are –(a) in D'Entrecasteaux Channel; or(b) in the River Derwent; or(c) in Georges Bay, St Helens, west of the line of longitude of the end of the training wall situated at the entrance to Georges Bay; or(d) in a marine nature reserve; or(e) in Taroona waters; or(f) within 300 metres of the area known as the Blow Hole on the eastern side of King Island.Penalty: Fine not exceeding the applicable Grade 3 penalty.(2) Subrule (1)(d) does not apply to State waters within the Maria Island National Park that lie to the east of a line between Cape Boullanger and Cape Bougainville.
55. Restrictions on setting traps
(1) The holder of a commercial fishing licence must not, in State waters, use, carry or have possession of any traps if the rock lobster quota unit balance in relation to that licence is zero kilograms or less.Penalty: Fine not exceeding the applicable Grade 3 penalty.(2) Subrule (1) does not apply to a person who carries or has possession of any trap on a fishing vessel if the fishing vessel –(a) was in port or on a mooring; and(b) was not undertaking a fishing trip.(3) Subrule (1) does not apply to the holder of a fishing licence (recreational rock lobster pot) who uses one rock lobster pot under that licence.(4) A person must not set or use in State waters more than 2 rock lobster pots attached to one line.Penalty: Fine not exceeding the applicable Grade 3 penalty.(5) A person must not use, set or have possession of a trap in State waters during the closed season.Penalty: Fine not exceeding the applicable Grade 3 penalty.(6) Subrule (5) does not apply to –(a) a person who has possession of a trap on a fishing vessel if the fishing vessel –(i) was returning to a port of landing within 48 hours after the start of the closed season; or(ii) was departing from a port within 48 hours before the start of the open season; or(iii) was in port or on a mooring and not undertaking a fishing trip; or(b) the holder of a commercial fishing licence who has written approval from the Secretary to be in possession of any trap during the closed season.(7) The holder of a fishing licence (rock lobster) must not set in State waters a rock lobster pot for more than 48 hours at a time unless the person by notice in writing or by facsimile transmission satisfies a fisheries officer that the person is unable to retrieve the pot because of –(a) adverse weather conditions; or(b) mechanical breakdown of, or structural damage to, the fishing vessel from which the rock lobster pot was set; or(c) illness of the person.Penalty: Fine not exceeding the applicable Grade 3 penalty.(8) A person may set a trap after 1 p.m. on the day before the start of an open season.
The holder of a fishing licence (rock lobster), in State waters, must not use or have possession of rock lobster pots on a fishing vessel in excess of the number specified in Schedule 2 according to the length and tonnage of the vessel as specified in the licence relating to that vessel.
(1) The holder of a fishing licence (giant crab) must not set or use –(a) in State waters less than 120 metres in depth, more traps than the number of rock lobster pots specified in the fishing licence (rock lobster) held by the person; or(b) in State waters 120 metres or more in depth, more traps than the greater of either –(i) one trap for each giant crab quota unit specified in the fishing licence (giant crab) held by the person; or(ii) the number of rock lobster pots specified in the fishing licence (rock lobster) held by the person; or(c) more than 50 traps.Penalty: Fine not exceeding the applicable Grade 3 penalty.(2) [Rule 57 Subrule (2) amended by S.R. 2002, No. 2, Applied:15 Feb 2002] A person must not set or use in State waters a trap that does not comply with the configuration of a rock lobster pot as specified in rule 53 .Penalty: Fine not exceeding the applicable Grade 3 penalty.(3) The holder of a fishing licence (giant crab) must not set or use a trap for more than 48 hours in State waters less than 120 metres in depth.Penalty: Fine not exceeding the applicable Grade 3 penalty.(4) A person must not pull or retrieve a trap set from a fishing vessel by the holder of a fishing licence (giant crab) using another fishing vessel without the written approval of the Secretary.Penalty: Fine not exceeding the applicable Grade 3 penalty.(5) The Secretary is only to issue an approval for the purpose of subrule (4) in exceptional circumstances.
58. Use of giant crab longline
(1) A person must not set a giant crab longline in State waters unless –(a) the water is 120 metres or more in depth; and(b) more than 5 giant crab quota units are specified in the fishing licence (giant crab).Penalty: Fine not exceeding the applicable Grade 3 penalty.(2) A person must not set a giant crab longline that has more than 25 traps on it.Penalty: Fine not exceeding the applicable Grade 3 penalty.
59. Marker buoys on pots, traps and longlines
(1) A person must not use a rock lobster pot or a trap in State waters unless a marker buoy is attached at all times on a line long enough for the buoy to float on the surface of the water.Penalty: Fine not exceeding the applicable Grade 3 penalty.(2) The person in charge of a fishing vessel must mark or cause to be marked legibly and clearly on the marker buoy attached to the hauling line of every rock lobster pot used in connection with the fishing vessel the distinguishing mark of the fishing vessel.Penalty: Fine not exceeding the applicable Grade 3 penalty.(3) A distinguishing mark for the purposes of subrule (2) is to be at least 70 millimetres in height and at least 12 millimetres in width.(4) A person must not set a rock lobster pot or a trap unless the marker buoy is marked in accordance with these rules.Penalty: Fine not exceeding the applicable Grade 3 penalty.(5) The owner or person in charge of a fishing vessel must –(a) maintain a distinguishing mark in a clear and legible condition; and(b) ensure that a marker buoy bears only the distinguishing mark referred to in this rule.Penalty: Fine not exceeding the applicable Grade 1 penalty.(6) [Rule 59 Subrule (6) amended by S.R. 2002, No. 2, Applied:15 Feb 2002] A person must not attach a marker buoy to any rock lobster pot, trap or fish cauf unless the buoy –(a) is spherical in shape; and(b) [Rule 59 Subrule (6) amended by S.R. 2002, No. 2, Applied:15 Feb 2002] has a diameter of not less than 19.5 centimetres; and(c) is specifically designed as a buoy.Penalty: Fine not exceeding the applicable Grade 1 penalty.(7) The holder of a commercial fishing licence must not, in State waters, have possession of any device designed to conceal a marker buoy under the surface.Penalty: Fine not exceeding the applicable Grade 3 penalty.(8) A person must not use a trap on a giant crab longline unless –(a) any marker buoy used in connection with the giant crab longline is marked clearly and legibly with the number of traps attached to the giant crab longline; and(b) the markings on the marker buoy are maintained in good condition; and(c) there is a buoy on each end of the giant crab longline at least 300 millimetres in diameter.Penalty: Fine not exceeding the applicable Grade 3 penalty.
A person must not use a fish cauf for rock lobster taken by recreational fishing unless –(a) the person is the holder of –(i) a fishing licence (recreational rock lobster dive); or(ii) a fishing licence (recreational rock lobster pot); or(iii) a fishing licence (recreational rock lobster ring); and(b) the fish cauf is marked with a yellow buoy that has the number of the licence clearly marked on it; and(c) the rock lobster are marked in accordance with rule 95 .Penalty: Fine not exceeding the applicable Grade 2 penalty.
61. Use or possession of rock lobster pots
A person, in State waters, must not have possession of or use a rock lobster pot unless the person –(a) is the holder of a fishing licence (recreational rock lobster pot) or a fishing licence (rock lobster); or(b) is undertaking an Aboriginal cultural activity.Penalty: Fine not exceeding the applicable Grade 3 penalty.
PART 6 - Sales
62. Sale of rock lobster or giant crab
(1) The holder of a fishing licence (rock lobster), unless otherwise authorised under the licence, must not sell or transport for sale more than 5 rock lobster within a 24 hour period to a person who is not the holder of a handling licence or a fish processing licence.Penalty: Fine not exceeding the applicable Grade 3 penalty.(2) The holder of a fishing licence (rock lobster) who sells 5 or less rock lobster to a person who is not the holder of a handling licence or a fish processing licence must –(a) give a rock lobster sales receipt to the person to whom the lobster is sold before the rock lobster is removed from the immediate proximity of the fishing vessel; and(b) record the number and weight of rock lobster sold on the commercial rock lobster quota docket; and(c) tag the rock lobster in accordance with rule 94 .Penalty: Fine not exceeding the applicable Grade 3 penalty.(3) The holder of a commercial fishing licence, unless otherwise authorised under this licence, must not sell or transport for sale more than 2 giant crab within a 24 hour period to a person who is not the holder of a handling licence or a fish processing licence.Penalty: Fine not exceeding the applicable Grade 3 penalty.(4) The holder of a commercial fishing licence who sells 2 or less giant crab to a person who is not the holder of a handling licence or fish processing licence must give a giant crab sales receipt to the person to whom the giant crab is sold before the giant crab is removed from the immediate proximity of the fishing vessel.Penalty: Fine not exceeding the applicable Grade 3 penalty.(5) The holder of a commercial fishing licence that is authorised under subrule (1) or (3) by an endorsement on the licence must –(a) unload the rock lobster or giant crab in Tasmania; and(b) make a movement report before moving any rock lobster or giant crab from the site of unloading; and(c) not move any rock lobster or giant crab from the site of unloading unless Part B of the relevant quota docket has been completed in respect of those rock lobster or giant crab and signed by a person authorised by the Secretary or a person not present when the rock lobster or giant crab were taken and who is not –(i) the licence holder; or(ii) if the licence holder is a company, a director of the company; or(iii) an agent or employee of the licence holder; and(d) comply with any instructions or directions of a fisheries officer relating to the inspection of any rock lobster or giant crab sold; and(e) keep records in respect of sale of rock lobster or giant crab relating to the following:(i) the time and date of each sale;(ii) the number, form and weight of rock lobster or giant crab sold;(iii) the number and weight of rock lobster or giant crab dispatched from the State;(iv) the price or benefit gained from the sale;(v) the number, form and weight of rock lobster or giant crab held or stored for sale;(vi) the place at which rock lobster or giant crab for sale is held;(vii) the name and address of the purchaser of the rock lobster or giant crab.Penalty: Fine not exceeding the applicable Grade 3 penalty.(6) The holder of a commercial fishing licence who exports rock lobster or giant crab by means of aircraft must –(a) make a dispatch report at least 2 hours before dispatching any rock lobster or giant crab out of the State; and(b) complete a fish dispatch docket before dispatching any rock lobster or giant crab out of the State; and(c) ensure that the white sheet of the fish transfer dispatch docket travels with the consignment of rock lobster or giant crab; and(d) comply with the requirements of rule 79 ; and(e) comply with any instructions or directions of a fisheries officer relating to the inspection of any rock lobster or giant crab sold.(7) The holder of a fishing licence (rock lobster) who takes giant crab in accordance with rule 34 must –(a) specify the weight of the giant crab sold on a commercial rock lobster quota docket; and(b) forward that commercial rock lobster quota docket to the Secretary; and(c) give the holder of a handling licence or fish processing licence a receipt; and(d) comply with subrule (5)(e) .Penalty: Fine not exceeding the applicable Grade 3 penalty.
The holder of a commercial fishing licence, unless otherwise authorised under the licence, must not transport or possess any rock lobster or giant crab for commercial purposes that have previously been –(a) taken by another holder of a commercial fishing licence; or(b) purchased or obtained from another holder of a commercial fishing licence; or(c) purchased or obtained from the holder of a fish processing licence or a handling licence.Penalty: Fine not exceeding the applicable Grade 3 penalty.
PART 7 - Reporting
Division 1 - Notification
The Secretary may approve a service as a service that may require reports under this Part.
(1) The holder of a commercial fishing licence who is authorised by another State to take rock lobster or giant crab from that State using the fishing vessel specified in the licence must make a leaving port report at least 2 hours before leaving port to undertake a fishing trip for rock lobster or giant crab in State waters.(2) On receipt of the leaving port report from the holder of a commercial fishing licence, the relevant reporting service is to issue to the holder a report receipt number.Penalty: Fine not exceeding the applicable Grade 3 penalty.
(1) The holder of a commercial fishing licence must make an unloading report to the relevant reporting service at least 2 hours before unloading any rock lobster or giant crab.Penalty: Fine not exceeding the applicable Grade 3 penalty.(2) The holder of a commercial fishing licence must not unload any rock lobster or giant crab unless an unloading report has been made.Penalty: Fine not exceeding the applicable Grade 3 penalty.(3) [Rule 66 Subrule (3) substituted by S.R. 2002, No. 2, Applied:15 Feb 2002] Subrules (1) and (2) do not apply to the holder of a fishing licence (rock lobster) who only unloads up to 5 rock lobster in a fishing trip for personal use in accordance with rule 93A .(4) On receipt of the unloading report from the holder of a commercial fishing licence, the relevant reporting service is to issue to the holder a report receipt number.(5) Subrule (1) does not apply to the holder of a commercial fishing licence who unloads rock lobster or giant crab in any of the following circumstances:(a) the possibility of rock lobster or giant crab dying because of significant changes in the water quality due to unforeseen circumstances necessitates immediate unloading;(b) the safety of the fishing vessel requires the rock lobster or giant crab to be unloaded immediately;(c) the rock lobster or giant crab are placed in a fish cauf;(d) 5 or less rock lobster are sold to a person who is not the holder of a fish processing licence or a handling licence;(e) 2 or less giant crab are sold to a person who is not the holder of a fish processing licence or a handling licence.(6) The holder of a commercial fishing licence referred to in subrule (5)(a) or (b) must make an unloading report within 30 minutes of the unloading.Penalty: Fine not exceeding the applicable Grade 3 penalty.(7) [Rule 66 Subrule (7) inserted by S.R. 2002, No. 2, Applied:15 Feb 2002] The holder of a commercial fishing licence –(a) must not unload rock lobster or giant crab before the estimated time of unloading specified in the unloading report; and(b) must commence unloading rock lobster or giant crab within 2 hours after the estimated time of unloading specified in the unloading report.Penalty: Fine not exceeding the applicable Grade 3 penalty.(8) [Rule 66 Subrule (8) inserted by S.R. 2002, No. 2, Applied:15 Feb 2002] The holder of a commercial fishing licence who is unable to commence unloading rock lobster or giant crab within 2 hours after the estimated time of unloading specified in the unloading report must make another unloading report in accordance with subrule (1) .Penalty: Fine not exceeding the applicable Grade 3 penalty.
(1) The holder of a commercial fishing licence must make a fish cauf report to the reporting service within 30 minutes after placing any rock lobster or giant crab in a fish cauf.Penalty: Fine not exceeding the applicable Grade 3 penalty.(2) On receipt of the fish cauf report from the holder of a commercial fishing licence, the reporting service is to issue to the holder a report receipt number.
(1) The holder of a commercial fishing licence who is authorised as referred to in rule 62 must make a movement report to the reporting service in respect of the movement or transport of rock lobster or giant crab before –(a) the rock lobster or giant crab leaves the immediate proximity of a fishing vessel from which it was unloaded, unless otherwise authorised by the Secretary; and(b) any rock lobster or giant crab are moved into premises.Penalty: Fine not exceeding the applicable Grade 3 penalty.(2) On receipt of a movement report from the holder of a licence, the reporting service is to issue to the holder a report receipt number.(3) The Secretary, by public notice, may specify a distance greater than 100 metres as being the immediate proximity for the purpose of this rule.
(1) [Rule 69 Subrule (1) amended by No. 17 of 1996, Applied:28 Feb 2001] The holder of a commercial fishing licence who is authorised as referred to in rule 62 and is acting under rule 62(6) must make a dispatch report to the reporting service at least 2 hours before dispatching any rock lobster or giant crab out of the State.Penalty: Fine not exceeding the applicable Grade 3 penalty.(2) The holder of a commercial fishing licence must not dispatch rock lobster or giant crab out of the State unless a dispatch report is made.Penalty: Fine not exceeding the applicable Grade 3 penalty.(3) On receipt of a dispatch report from the holder of a commercial fishing licence, the reporting service is to issue to the holder a report receipt number.
A person must not make a report to the reporting service more than 24 hours before the activity to which the report relates is to take place except with the written approval of the Secretary.Penalty: Fine not exceeding the applicable Grade 3 penalty.
A person who makes a report to the reporting service and does not undertake the activity to which the report relates must make a report to the reporting service within 2 hours after the activity should have occurred.Penalty: Fine not exceeding the applicable Grade 3 penalty.
72. Alternative arrangements for reporting
Rule 66(1) , (2) and (6) , rule 67(1) , rule 68(1) rule 69(1) and (2) do not apply if –(a) the relevant licence is endorsed for alternative arrangements relating to reporting requirements; and(b) the licence holder complies with the terms of the endorsement.
73. Endorsement for alternative arrangements
The Secretary may endorse a licence for alternative arrangements relating to reporting requirements if satisfied that –(a) the holder of the licence is unable to comply with those requirements; and(b) the arrangements provide the same level of integrity as the reporting requirements.
74. False, misleading and incomplete information
A person must not –(a) omit any relevant information from a report required under this Division; or(b) give any false or misleading information in a report required under this Division.Penalty: Fine not exceeding the applicable Grade 3 penalty.
75. Provision of receipt number
A person to whom a report receipt number is issued by the reporting service must provide that number when required to do so by a fisheries officer.Penalty: Fine not exceeding the applicable Grade 2 penalty.
Division 2 - Dockets
76. Commercial rock lobster quota docket – Part A
(1) The holder of a fishing licence (rock lobster) must complete Part A of the pink sheet of a commercial rock lobster quota docket before any rock lobster leaves the site of unloading.Penalty: Fine not exceeding the applicable Grade 3 penalty.(2) [Rule 76 Subrule (2) substituted by S.R. 2002, No. 2, Applied:15 Feb 2002] Subrule (1) does not apply to the holder of a fishing licence (rock lobster) who only unloads up to 5 rock lobster in a fishing trip for personal use in accordance with rule 93A .(3) [Rule 76 Subrule (3) inserted by No. 17 of 1996, Applied:28 Feb 2001] Subrule (1) does not apply to the holder of a fishing licence (rock lobster) who unloads rock lobster –(a) to processing premises that are located within the immediate proximity of the site of unloading; and(b) who completes Part A of the pink sheet of a commercial rock lobster quota docket –(i) before the holder of a fish processing licence makes the receipt report relating to the rock lobster specified on that docket; and(ii) before Part B of that docket is completed; and(iii) within 15 minutes after the last rock lobster relating to that docket enters any place within processing premises that is capable of being fully enclosed.Penalty: Fine not exceeding the applicable Grade 3 penalty.
77. Commercial giant crab quota docket – Part A
[Rule 77 Substituted by No. 17 of 1996, Applied:28 Feb 2001](1) The holder of a fishing licence (giant crab) must complete Part A of the pink sheet of a commercial giant crab quota docket before any giant crab leaves the site of unloading.Penalty: Fine not exceeding the applicable Grade 3 penalty.(2) Subrule (1) does not apply to the holder of a fishing licence (giant crab) who unloads giant crab –(a) to processing premises that are located within the immediate proximity of the site of unloading; and(b) who completes Part A of the pink sheet of a commercial giant crab quota docket –(i) before the holder of a fish processing licence makes the receipt report relating to the giant crab specified on that docket; and(ii) before Part B of that docket is completed; and(iii) within 15 minutes after the last giant crab relating to that docket enters any place within processing premises that is capable of being fully enclosed.Penalty: Fine not exceeding the applicable Grade 3 penalty.
(1) The holder of a commercial fishing licence must –(a) ensure that the pink sheet of the completed quota docket is received by the Secretary within 48 hours after the rock lobster or giant crab are unloaded; and(b) keep the white sheet of the completed quota docket in good condition for at least 5 years.Penalty: Fine not exceeding the applicable Grade 3 penalty.(2) The driver of the vehicle transporting the rock lobster or giant crab must ensure that the yellow sheet of the completed quota docket is carried with the consignment of the rock lobster or giant crab.Penalty: Fine not exceeding the applicable Grade 3 penalty.(3) The person receiving the rock lobster or giant crab must keep the yellow sheet of the completed quota docket in good condition at the processing premises for at least 5 years.Penalty: Fine not exceeding the applicable Grade 3 penalty.(4) It is a defence to any proceedings under subrule (1) for a person to prove that the pink sheet of the completed quota docket was posted to the Secretary within 48 hours after the rock lobster or giant crab were unloaded.
(1) [Rule 79 Subrule (1) amended by S.R. 2002, No. 2, Applied:15 Feb 2002] The holder of a commercial fishing licence who is authorised as referred to in rule 62 or is required to comply with rule 91(3) must complete the green sheet of a fish dispatch docket before the rock lobster or giant crab are dispatched from the State.Penalty: Fine not exceeding the applicable Grade 3 penalty.(2) The holder of a commercial fishing licence who is authorised as referred to in rule 62 must forward –(a) the green sheet of the completed fish dispatch docket to the Secretary on the day it is completed; and(b) the white sheet of that docket with the rock lobster or giant crab to the person receiving the rock lobster or giant crab.Penalty: Fine not exceeding the applicable Grade 3 penalty.(3) The person receiving the white sheet of the completed fish dispatch docket must keep it in good condition for at least 5 years.Penalty: Fine not exceeding the applicable Grade 3 penalty.(4) The holder of a commercial fishing licence who is authorised as referred to in rule 62 must keep the yellow sheet of the completed fish dispatch docket in good condition for at least 5 years.Penalty: Fine not exceeding the applicable Grade 3 penalty.(5) It is a defence to any proceedings under subrule (2)(a) for a person to prove that the green sheet of the completed fish dispatch docket was posted to the Secretary on the day the certificate was completed.
Division 3 - Miscellaneous
The holder of a commercial fishing licence, a handling licence or a fish processing licence must maintain and use accurate weighing instruments to determine the weight information written on any dockets completed under this Part.Penalty: Fine not exceeding the applicable Grade 3 penalty.
(1) The holder of a handling licence or a fish processing licence who also holds a commercial fishing licence must not complete Part B of the original page of a quota docket in respect of any rock lobster or giant crab landed by –(a) the person as the holder of the commercial fishing licence; or(b) a person who is a director, shareholder, partner, employer or employee of the holder of the commercial fishing licence.Penalty: Fine not exceeding the applicable Grade 3 penalty.(2) The holder of a handling licence or a fish processing licence must not complete Part B of the original page of a quota docket in respect of any rock lobster or giant crab processed, received or transported as an employee or contractor of the holder of the commercial fishing licence who landed the rock lobster or giant crab.Penalty: Fine not exceeding the applicable Grade 3 penalty.(3) A licence holder referred to in subrules (1) and (2) must ensure that Part B of the quota docket is completed by –(a) a person not specified in those subrules; or(b) a person approved by the Secretary.
Division 4 - Records
82. Records of general information
The holder of a commercial fishing licence must make and retain 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 rock lobster or giant crab made by or on behalf of the holder;(b) the exact weight of rock lobster or giant crab sold or consigned;(c) the form of rock lobster or giant crab sold or consigned;(d) the price or consideration received for rock lobster or giant crab;(e) the name and address of the purchaser or consignee of rock lobster or giant crab.Penalty: Fine not exceeding the applicable Grade 3 penalty.
83. Record of rock lobster catch
(1) The holder of a fishing licence (rock lobster) must complete the rock lobster catch record on each day during which fishing occurs and –(a) before the end of a fishing trip and when the holder first leaves the fishing vessel; or(b) before leaving State waters with rock lobster on the fishing vessel.Penalty: Fine not exceeding the applicable Grade 2 penalty.(2) The holder of a fishing licence (rock lobster) must ensure that the rock lobster catch record book is on the fishing vessel during any fishing trip for rock lobster.Penalty: Fine not exceeding the applicable Grade 2 penalty.(3) [Rule 83 Subrule (3) inserted by S.R. 2002, No. 2, Applied:15 Feb 2002] The holder of a fishing licence (rock lobster) must record any rock lobster retained for personal use in the rock lobster catch record book.Penalty: Fine not exceeding the applicable Grade 2 penalty.
84. Record of giant crab catch
(1) The holder of a fishing licence (giant crab) must complete the giant crab catch record on each day during which fishing occurs and –(a) before the end of a fishing trip and when the holder first leaves the fishing vessel; or(b) before leaving State waters with giant crab on the fishing vessel.Penalty: Fine not exceeding the applicable Grade 3 penalty.(2) The holder of a fishing licence (giant crab) must ensure that the giant crab catch record is on the fishing vessel during any fishing trip for giant crab.Penalty: Fine not exceeding the applicable Grade 2 penalty.
PART 8 - Miscellaneous
85. Fitting of vessel monitoring system
(1) The Secretary, by notice in writing served on the holder of a commercial fishing licence, may direct the holder to fit a vessel monitoring system onto a specified fishing vessel.(2) The holder of a commercial fishing licence must comply with the direction.Penalty: Fine not exceeding the applicable Grade 3 penalty.(3) The holder of a commercial fishing licence must ensure that a vessel monitoring system fitted on a fishing vessel –(a) is of a type approved by the Secretary; and(b) is operating at all times, unless the Secretary approves any other arrangement.Penalty: Fine not exceeding the applicable Grade 3 penalty.(4) The provisions of Part 3 of the Fisheries Rules 1999 apply to the holder of a commercial fishing licence.
86. Unloading at port of landing
(1) The holder of a commercial fishing licence must not unload rock lobster or giant crab at any place other than a specified port of landing.Penalty: Fine not exceeding the applicable Grade 3 penalty.(2) Subrule (1) does not apply to the holder of a commercial fishing licence if –(a) the holder places rock lobster or giant crab from a fishing vessel into a fish cauf in accordance with rule 90 ; or(b) the licence is endorsed with alternative conditions relating to unloading and rock lobster or giant crab are unloaded in accordance with those conditions.(3) Subrule (1) does not apply if –(a) the holder of a commercial fishing licence contacts a fisheries officer by telephone advising –(i) the intent to unload rock lobster or giant crab at another port in Tasmania; and(ii) the location of that port; and(b) the notification is made at least 6 hours before the rock lobster or giant crab are unloaded; and(c) the port is no more than 200 metres from a public road; and(d) the rock lobster or giant crab are unloaded between 6.00am and 6.00pm; and(e) the rock lobster or giant crab are sold to the holder of a fish processing licence or handling licence.(4) Subrule (1) does not apply if the rock lobster or giant crab were unloaded in an emergency because there was a threat to the safety of the fishing vessel or its crew.
87. Exporting rock lobster or giant crab
(1) The holder of a commercial fishing licence must not export rock lobster or giant crab or cause or permit to be exported rock lobster or giant crab on or in a fishing vessel to a State or Territory unless authorised by an endorsement on the licence.(2) The holder of a licence authorised under subrule (1) must –(a) ensure that the fishing vessel is fitted with a vessel monitoring system; and(b) [Rule 87 Subrule (2) amended by No. 17 of 1996, Applied:28 Feb 2001] take the rock lobster or giant crab to one of the ports of Currie, Grassy, Stanley, Lady Barron or an alternative port approved by the fisheries officer referred to in paragraph (c) for inspection before leaving State waters; and(c) contact a fisheries officer to arrange for an inspection at a port specified in paragraph (b) ; and(d) not leave the port until a fisheries officer has inspected the rock lobster or giant crab and sealed the holding tank or well on the vessel; and(e) ensure that all the rock lobster or giant crab on or in the fishing vessel are sealed in the holding tank or well; and(f) comply with any instructions or directions issued by the fisheries officer in respect to that inspection; and(g) ensure that the fishing vessel proceeds directly to the port of unloading; and(h) [Rule 87 Subrule (2) amended by S.R. 2002, No. 2, Applied:15 Feb 2002] record the number of rock lobster or giant crab to be unloaded on Part A of the original page of a quota docket; and(i) [Rule 87 Subrule (2) amended by S.R. 2002, No. 2, Applied:15 Feb 2002] unload and sell all the rock lobster or giant crab to the holder of a fish processing licence.Penalty: Fine not exceeding the applicable Grade 3 penalty.(3) The holder of a commercial fishing licence authorised under subrule (1) who has exported rock lobster or giant crab from State waters on or in a fishing vessel must comply with any instructions or directions issued by the fisheries officer at the port of landing in respect to the time of the unloading or the removal of the seals from the holding tank or well.Penalty: Fine not exceeding the applicable Grade 3 penalty.(4) The holder of a commercial fishing licence must not unload rock lobster or giant crab at any port of landing unless –(a) a fisheries officer has removed the seals from the holding tank or well of the fishing vessel; or(b) 30 minutes have elapsed after –(i) the nominated time of unloading provided in the unloading report; and(ii) the fishing vessel has reached the port of landing.Penalty: Fine not exceeding the applicable Grade 3 penalty.(5) The holder of a licence authorised under subrule (1) must not remove any seals placed by a fisheries officer unless –(a) an emergency situation exists; or(b) 30 minutes have elapsed after the nominated time of unloading and an unloading report is made to the reporting service immediately after all rock lobster or giant crab are unloaded.Penalty: Fine not exceeding the applicable Grade 3 penalty.(6) [Rule 87 Subrule (6) inserted by S.R. 2002, No. 2, Applied:15 Feb 2002] The holder of a commercial fishing licence authorised under subrule (1) must unload all rock lobster or giant crab before commencing another fishing trip.Penalty: Fine not exceeding the applicable Grade 3 penalty.
88. Transporting rock lobster or giant crab for sale
(1) The holder of a commercial fishing licence must not transport rock lobster or giant crab from a specified port of landing unless authorised by an endorsement on the licence.Penalty: Fine not exceeding the applicable Grade 3 penalty.(2) The holder of a licence endorsed under subrule (1) must not –(a) move any rock lobster or giant crab from the site of unloading unless the rock lobster or giant crab were weighed at the point of unloading; or(b) move any rock lobster or giant crab from the site of unloading unless Part A of a quota docket has been completed in respect of those rock lobster or giant crab; or(c) move any rock lobster or giant crab from the site of unloading unless Part B of the quota docket has been completed in respect of those rock lobster or giant crab by a person authorised by the Secretary or a person not present when the rock lobster or giant crab were taken and who is not –(i) the licence holder; or(ii) if the licence holder is a company, a director of the company; or(iii) an agent or employee of the licence holder.Penalty: Fine not exceeding the applicable Grade 3 penalty.(3) [Rule 88 Subrule (3) amended by S.R. 2002, No. 2, Applied:15 Feb 2002] The holder of a licence endorsed under subrule (1) , when rock lobster or giant crab are to be transported from the unloading location specified in the licence, must –(a) make a movement report before any rock lobster or giant crab is transported from the site of unloading; or(b) ensure that all the rock lobster or giant crab are –(i) taken directly and without delay by road transport to a public or private telephone at a reporting location endorsed on the licence; and(ii) delivered to the holder of a fish processing licence in Tasmania at the premises specified on the fish processing licence.Penalty: Fine not exceeding the applicable Grade 3 penalty.(4) The holder of a licence endorsed under subrule (1) must make a movement report before any rock lobster or giant crab is transported past a telephone at the reporting location endorsed on the licence.Penalty: Fine not exceeding the applicable Grade 3 penalty.(5) The holder of a licence transporting rock lobster or giant crab under subrule (3)(b) must –(a) comply with any instructions or directions by a fisheries officer in respect to the inspection of the rock lobster or giant crab; and(b) make any premises approved by the Secretary for the holding or storage of rock lobster or giant crab that is a place of residence available for inspection at the request of a fisheries officer.Penalty: Fine not exceeding the applicable Grade 3 penalty.
88A. Record of dead rock lobster
[Rule 88A Inserted by S.R. 2002, No. 2, Applied:15 Feb 2002](1) The holder of a fishing licence (rock lobster) who, at the time of unloading rock lobster from the fishing vessel, finds a quantity of dead rock lobster on the fishing vessel must record the number of those dead rock lobster in the record of rock lobster catch on that day.Penalty: Fine not exceeding the applicable Grade 3 penalty.(2) If the quantity of dead rock lobster on the fishing vessel exceeds 20, the holder of a fishing licence (rock lobster) must notify a fisheries officer by telephone or facsimile to arrange to have the rock lobster inspected and removed by a fisheries officer.Penalty: Fine not exceeding the applicable Grade 3 penalty.(3) Any dead rock lobster removed from a fishing vessel and retained by a fisheries officer –(a) is taken not to be unloaded from the fishing vessel; and(b) is not to be deducted from the rock lobster quota unit balance.
89. Transfer of rock lobster or giant crab from one vessel to another vessel
The holder of a commercial fishing licence must not transfer or cause or permit to be transferred any rock lobster or giant crab from one fishing vessel to another fishing vessel or other vessel.Penalty: Fine not exceeding the applicable Grade 3 penalty.
90. Fish caufs and holding tanks for commercial purposes
(1) The holder of a commercial fishing licence must not possess a fish cauf or place any rock lobster or giant crab in a fish cauf or holding tank unless authorised by an endorsement on the licence for the use of the fish cauf or holding tank.Penalty: Fine not exceeding the applicable Grade 3 penalty.(2) The holder of a fish processing licence or a handling licence must not possess a fish cauf or place any rock lobster or giant crab in a fish cauf unless the licence is endorsed for the use of the fish cauf.Penalty: Fine not exceeding the applicable Grade 3 penalty.(3) The holder of a licence authorised under subrule (1) must mark the fish cauf with a marker buoy in accordance with rule 59 .Penalty: Fine not exceeding the applicable Grade 2 penalty.(4) The holder of a licence endorsed under subrule (1) must not use –(a) a greater number of fish caufs than the total number specified on the licence; or(b) any fish cauf unless the cauf is marked as is specified on the licence; or(c) any fish cauf which is located other than at a place specified on the licence.Penalty: Fine not exceeding the applicable Grade 2 penalty.(5) The holder of a licence endorsed under subrule (1) to use a holding tank must –(a) not place any rock lobster or giant crab taken by another person in the holding tank; and(b) not place any rock lobster or giant crab in a holding tank unless Part B of a quota docket is completed in respect to those rock lobster or giant crab by a person authorised by the Secretary or a person not present when the rock lobster were taken and who is not –(i) the licence holder; or(ii) if the licence holder is a company, a director of the company; or(iii) an agent or employee of the licence holder; and(c) ensure that the person who signs Part B of the quota docket enters his or her full name and address on the docket; and(d) keep records relating to the following matters:(i) the time and date of the placement of rock lobster or giant crab in a holding tank;(ii) the number of rock lobster or giant crab placed in and removed from the holding tank;(iii) the daily stock by number of rock lobster or giant crab held in each holding tank.Penalty: Fine not exceeding the applicable Grade 3 penalty.(6) The holder of a licence endorsed under subrule (1) must not place or store any rock lobster or giant crab in a holding tank if the rock lobster or giant crab have previously been purchased or obtained from the holder of a fish processing licence or a handling licence.Penalty: Fine not exceeding the applicable Grade 3 penalty.(7) The holder of a licence endorsed under subrule (2) to use a fish cauf must keep records relating to the following matters:(a) the time and date of the placement of rock lobster or giant crab in the fish cauf;(b) the number of rock lobster or giant crab placed in and removed from the fish cauf;(c) the daily stock by number of rock lobster or giant crab held in each fish cauf.Penalty: Fine not exceeding the applicable Grade 3 penalty.(8) The holder of a commercial fishing licence, a fish processing licence or a handling licence must not move a fish cauf from the location specified on the licence.Penalty: Fine not exceeding the applicable Grade 3 penalty.(9) The holder of a commercial fishing licence must not place any rock lobster or giant crab into a fish cauf or holding tank unless the rock lobster catch record or giant crab catch record is completed for that day.Penalty: Fine not exceeding the applicable Grade 3 penalty.(10) A person must not remove any live rock lobster or giant crab from a fish cauf for any purpose other than landing it.Penalty: Fine not exceeding the applicable Grade 3 penalty.(11) [Rule 90 Subrule (11) inserted by S.R. 2002, No. 2, Applied:15 Feb 2002] The holder of a licence endorsed under subrule (1) to use a fish cauf who intends to hold giant crab during a closed season –(a) must not place any giant crab taken by another person in the fish cauf; and(b) must not place any giant crab in the fish cauf unless Part A and Part B of the commercial giant crab quota docket have been completed in respect of the giant crab; and(c) must complete a commercial giant crab quota docket for all subsequent giant crab placed in the fish cauf.Penalty: Fine not exceeding the applicable Grade 3 penalty.(12) [Rule 90 Subrule (12) inserted by S.R. 2002, No. 2, Applied:15 Feb 2002] Subrule (11)(c) does not apply if all the giant crab in the fish cauf, including the giant crab held during the closed season, are removed from the fish cauf.
91. Removing rock lobster from fish cauf or holding tank
(1) The holder of a commercial fishing licence who removes rock lobster or giant crab from a fish cauf or holding tank must comply with rule 66 .Penalty: Fine not exceeding the applicable Grade 3 penalty.(2) The holder of a fish processing licence or handling licence who removes rock lobster or giant crab from a fish cauf must make an unloading report.Penalty: Fine not exceeding the applicable Grade 3 penalty.(3) [Rule 91 Subrule (3) inserted by S.R. 2002, No. 2, Applied:15 Feb 2002] The holder of a fishing licence (giant crab) who removes giant crab from a fish cauf and who has completed the commercial giant crab quota docket in respect of the giant crab must –(a) comply with rule 66 ; and(b) complete a fish dispatch docket before the giant crab leave the site of unloading.Penalty: Fine not exceeding the applicable Grade 3 penalty.
92. Restrictions on fishing in 2 jurisdictions
The holder of a commercial fishing licence who has an authority from another State to take rock lobster or giant crab from that State using the fishing vessel specified in the fishing licence (vessel) must not –(a) use that fishing vessel to take rock lobster or giant crab from State waters if it has been used to take rock lobster or giant crab from outside State waters since last leaving port; or(b) be in possession of rock lobster or giant crab taken from outside State waters while undertaking a fishing trip for rock lobster or giant crab in State waters; or(c) use or set any trap from the fishing vessel in State waters if the fishing vessel has been used to set traps in waters outside State waters since last leaving port.Penalty: Fine not exceeding the applicable Grade 3 penalty.
The holder of a commercial fishing licence must not hold or store any rock lobster or giant crab for commercial purposes at a place other than –(a) on the fishing vessel used to take the rock lobster or giant crab; or(b) in any holding tank or fish cauf specified for that purpose in the licence; or(c) at a place approved by the Secretary for the holding or storage of rock lobster or giant crab.Penalty: Fine not exceeding the applicable Grade 3 penalty.
93A. Rock lobster for personal use
[Rule 93A Inserted by S.R. 2002, No. 2, Applied:15 Feb 2002](1) The holder of a fishing licence (rock lobster) must not retain for personal use, during a fishing trip, more than one rock lobster for each day of the fishing trip up to a total of 5 rock lobster during the whole fishing trip.Penalty: Fine not exceeding the applicable Grade 2 penalty.(2) The holder of a fishing licence (rock lobster) must mark rock lobster retained for personal use in accordance with rule 95 before the rock lobster leaves the site of unloading.Penalty: Fine not exceeding the applicable Grade 2 penalty.
(1) A person must not sell or have possession of rock lobster for consumption in the State unless the rock lobster is tagged –(a) on the horn that is on the left side of the head when the head is facing away from the person and the lobster is the right way up; and(b) with a tag approved by the Secretary; and(c) with the tag locking mechanism firmly locked on to the horn of the rock lobster.Penalty: Fine not exceeding the applicable Grade 3 penalty.(2) Subrule (1) does not apply if the rock lobster is tagged with another tag approved by the Secretary.(3) A person must not have possession of rock lobster at a place in the State where the business of selling fish, by retail or by wholesale, is carried on unless the rock lobster is tagged.Penalty: Fine not exceeding the applicable Grade 3 penalty.(4) Subrules (1) and (3) do not apply in respect of possession of rock lobster for sale to –(a) the holder of a fishing licence (rock lobster) who has possession of the rock lobster in State waters; or(b) the holder of a fish processing licence or handling licence who is transporting, holding or storing the rock lobster; or(c) the holder of a fish processing licence who is processing the rock lobster; or(d) the holder of a recreational fishing licence who has possession of the rock lobster marked in accordance with rule 95 ; or(e) a person who has possession of 5 or less rock lobster taken by means of recreational fishing and marked in accordance with rule 95 ; or(f) a person undertaking an Aboriginal cultural activity.(5) The holder of a fishing licence (rock lobster) must not sell or transfer 5 or less rock lobster to a person who is not the holder of a fish processing licence or a handling licence unless, before the rock lobster leaves the vessel, the rock lobster is tagged –(a) on the horn referred to in subrule (1)(a) ; and(b) with a tag approved by the Secretary; and(c) with the tag locking mechanism firmly locked on to the horn.Penalty: Fine not exceeding the applicable Grade 3 penalty.(6) The holder of a fish processing licence must tag any rock lobster sold to a person in Tasmania before the rock lobster leaves the processing premises unless the rock lobster is sold to another holder of a fish processing licence.Penalty: Fine not exceeding the applicable Grade 3 penalty.(7) The holder of a handling licence must tag any rock lobster sold for consumption in Tasmania before the rock lobster leaves the possession of the holder unless the rock lobster is sold to another holder of a handling licence or the holder of a fish processing licence.Penalty: Fine not exceeding the applicable Grade 3 penalty.(8) The holder of a commercial fishing licence authorised under rule 62 must tag any rock lobster sold to a person in Tasmania.Penalty: Fine not exceeding the applicable Grade 3 penalty.(9) The Secretary is to –(a) arrange for the issue of rock lobster tags; and(b) ensure that a rock lobster tag is stamped with a number.(10) A rock lobster tag is not transferable.(11) A person must not fasten a rock lobster tag to more than one rock lobster.Penalty: Fine not exceeding the applicable Grade 3 penalty.(12) A person must not use a rock lobster tag more than once.Penalty: Fine not exceeding the applicable Grade 2 penalty.(13) A person who prepares a rock lobster to be sold as a meal must deface any rock lobster tag removed from the rock lobster by cutting the tag diagonally across the numbered face immediately the meal is prepared.Penalty: Fine not exceeding the applicable Grade 2 penalty.(14) A person must not have possession of a closed rock lobster tag that is not affixed to a rock lobster or defaced.Penalty: Fine not exceeding the applicable Grade 2 penalty.
A person who takes rock lobster other than under a fishing licence (rock lobster) must ensure that –(a) the central segment of the tail fan of the rock lobster is marked by –(i) punching in it a hole of not less than 10 millimetres in diameter; or(ii) removing the posterior quarter of the central segment of the tail fan by a transverse cut so that only the anterior three-quarters of the central segment remains attached; and(b) the rock lobster is marked –(i) if the rock lobster is caught by any means and placed on a vessel, within 5 minutes of being brought to the vessel and before returning to shore; or(ii) if the rock lobster is caught by any means from the shore, within 5 minutes of landing and within 50 metres of the place of landing.Penalty: Fine not exceeding the applicable Grade 2 penalty.
96. Fisheries (Giant Crab) Rules 1999 rescinded
The Fisheries (Giant Crab) Rules 1999 are rescinded.
SCHEDULE 1 - Ports of landing
1. The following are ports of landing:(a) north west region –(i) Bluff Hill Point;(ii) within 200 metres of Couta Rocks;(iii) the public wharf at Currie Harbour;(iv) Devonport;(v) within Granville Harbour and Sting Ray Bay;(vi) within Grassy Harbour;(vii) within Nelson Bay;(viii) the public unloading wharf at Smithton;(ix) Fisherman's Wharf at Stanley;(x) the main public wharf, Fisherman's Wharf and Strahan Fisheries Wharf at Strahan;(xi) within 200 metres of Temma Harbour;(xii) Fisherman's Wharf at Wynyard;(b) north east region –(i) Waubs Bay ramp and the public wharf at Bicheno;(ii) the boat ramp at Binalong Bay;(iii) the public wharf at Bridport;(iv) the public wharf at George Town;(v) Killiecrankie;(vi) the public wharf at Lady Barron;(vii) North East River;(viii) Musselroe River;(ix) the public wharf, Pike's Jetty and Finger Pier at St Helens;(x) the public wharf at Whitemark;(xi) Palana;(xii) the public wharf at Beauty Point;(c) southern region –(i) the public wharf at Coles Bay;(ii) the public wharf at Dover;(iii) Blackman Bay Wharf at Dunalley;(iv) public wharf at Eaglehawk Neck;(v) Gordon Jetty;(vi) King Pier, Macquarie Wharf and Victoria Dock at Hobart;(vii) public wharf at Kettering;(viii) North West Bay Marina and the public wharf at Margate;(ix) the public wharf and the Storm Bay Seafoods wharf at Nubeena;(x) the public wharf at Port Arthur;(xi) the public wharf at Recherche Bay;(xii) the public wharf at Southport;(xiii) the town wharf, the wharf opposite the town wharf and the deepwater wharf at Triabunna;(xiv) the public wharf at Woodbridge;(xv) the public jetty at Little Swanport;(d) the public wharf at Apollo Bay, Victoria;(e) the public wharf at Portland, Victoria;(f) the public wharf at Port Welshpool, Victoria;(g) the public wharf at San Remo, Victoria;(h) the public wharf at Queenscliffe, Victoria;(i) the public wharf at Victoria Dock, Melbourne, Victoria.
SCHEDULE 2 - Number of pots
PART 1 - Number of pots according to length of vessel
Length of vessel | Maximum no. of pots | 1. | under 6 metres | 0 | 2. | 6 metres and under 7 metres | 19 | 3. | 7 metres and under 8 metres | 21 | 4. | 8 metres and under 9 metres | 23 | 5. | 9 metres and under 10 metres | 25 | 6. | 10 metres and under 10.5 metres | 28 | 7. | 10.5 metres and under 14 metres | 34 | 8. | 14 metres and under 15 metres | 36 | 9. | 15 metres and under 16 metres | 38 | 10. | 16 metres and under 17 metres | 41 | 11. | 17 metres and under 18 metres | 46 | 12. | 18 metres and over | 50 |
PART 2 - number of pots according to tonnage of vessel
Tonnage of vessel | Maximum no. of pots | 1. | under 5 tonnes | 0 | 2. | 5 tonnes and under 6 tonnes | 19 | 3. | 6 tonnes and under 7 tonnes | 20 | 4. | 7 tonnes and under 8 tonnes | 21 | 5. | 8 tonnes and under 9 tonnes | 23 | 6. | 9 tonnes and under 10 tonnes | 24 | 7. | 10 tonnes and under 11 tonnes | 25 | 8. | 11 tonnes and under 12 tonnes | 26 | 9. | 12 tonnes and under 13 tonnes | 28 | 10. | 13 tonnes and under 14 tonnes | 29 | 11. | 14 tonnes and under 15 tonnes | 30 | 12. | 15 tonnes and under 16 tonnes | 31 | 13. | 16 tonnes and under 17 tonnes | 33 | 14. | 17 tonnes and under 18 tonnes | 34 | 15. | 18 tonnes and under 19 tonnes | 35 | 16. | 19 tonnes and under 20 tonnes | 36 | 17. | 20 tonnes and under 21 tonnes | 38 | 18. | 21 tonnes and under 22 tonnes | 39 | 19. | 22 tonnes and under 23 tonnes | 40 | 20. | 23 tonnes and under 24 tonnes | 42 | 21. | 24 tonnes and under 25 tonnes | 43 | 22. | 25 tonnes and under 26 tonnes | 44 | 23. | 26 tonnes and under 27 tonnes | 45 | 24. | 27 tonnes and under 28 tonnes | 46 | 25. | 28 tonnes and under 29 tonnes | 48 | 26. | 29 tonnes and under 30 tonnes | 49 | 27. | 30 tonnes and over | 50 |
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 10 January 2001
These rules are administered in the Department of Primary Industries, Water and Environment.