Fisheries (General and Fees) Regulations 1996

Fisheries (General and Fees) Regulations 1996

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Living Marine Resources Management Act 1995 .

27 May 1996

G. S. M. GREEN

Governor

By His Excellency's Command,

B. BONDE

Minister for Primary Industry and Fisheries

PART 1 - Preliminary

1.   Short title

These regulations may be cited as the Fisheries (General and Fees) Regulations 1996 .

2.   Commencement

These regulations take effect on 31 May 1996.

3.   Interpretation

[Regulation 3 Substituted by S.R. 1997, No. 151, Applied:28 Nov 1997] In these regulations –

abalone means fish of the genus Haliotis;

abalone deed of agreement means a deed of agreement –

(a) made under section 99 of the Act; or

(b) continued in force under section 14 of the Marine Resources (Savings and Transitional) Act 1995 ;

Act means the Living Marine Resources Management Act 1995 ;

[Regulation 3 Amended by S.R. 2000, No. 222, Applied:01 Jan 2001] area A means the area of State waters adjacent to the south and west coasts of the mainland of Tasmania between an imaginary straight line due south from Whale Head near South East Cape and an imaginary straight line due west from the mouth of the Wild Wave River near Sandy Cape;

[Regulation 3 Amended by S.R. 2002, No. 169, Applied:01 Jan 2003] Bass Strait area means the area of State waters adjacent to the north coast of Tasmania and in Bass Strait bounded in the west by the line of longitude 145° 22’ 42” East and in the east by an imaginary line beginning where the line of longitude 147° 27’ 00” East meets the high-water mark of the north coast of the mainland of Tasmania in Anderson Bay then running due north until its junction with the line of latitude 40° 00’ 36.32” South then due east along that line of latitude until its junction with the high-water mark of the west coast of Flinders Island then following the high-water mark of Flinders Island in a generally clockwise direction until its junction with the line of longitude 148° 07’ 14.81” East then due north along that line of longitude to the limit of State waters;

[Regulation 3 Amended by S.R. 1998, No. 142, Applied:09 Dec 1998]

bivalve means fish of the class Bivalvia;

blacklip abalone means fish of the species Haliotis rubra;

[Regulation 3 Amended by S.R. 1999, No. 145, Applied:08 Dec 1999]

child means a person under the age of 16;

clam or cockle means bivalve other than the following:

(a) shellfish of the species Crassostrea gigas, commonly known as Tasmanian pacific oyster;

(b) shellfish of the species Ostrea angasi, commonly known as Native oyster;

(c) shellfish of the species Mytilus edulis planulatus, commonly known as Tasmanian blue mussel;

(d) scallop;

[Regulation 3 Amended by S.R. 2002, No. 169, Applied:01 Jan 2003] Couta Rocks area means the area of State waters adjacent to the west coast of Tasmania bounded in the north by an imaginary line running due west from the mouth of the Arthur River to the limit of State waters and in the south by an imaginary line running due west from Wild Wave River near Sandy Cape to the limit of State waters;

deed fee means the fee determined under section 99(3) of the Act and referred to in regulation 11 ;

[Regulation 3 Amended by S.R. 2001, No. 161, Applied:01 Jan 2002] east coast area means the area of State waters adjacent to the east, south-east and south coasts of Tasmania bounded in the north by an imaginary line starting from the northern side of the mouth of the Great Musselroe River at Musselroe Bay, running due west for 100 metres, following the shoreline 100 metres from shore to the northernmost tip of Musselroe Point, running due north until intersection with the line of latitude 40^o 48' 00" South and running due east to the outer limit of State waters and bounded in the south by an imaginary straight line running due south from Whale Head near South East Cape to the outer limit of State waters;

[Regulation 3 Amended by S.R. 2000, No. 222, Applied:01 Jan 2001] [Regulation 3 Amended by S.R. 1999, No. 145, Applied:08 Dec 1999]

[Regulation 3 Amended by S.R. 2000, No. 222, Applied:01 Jan 2001] finfish means fish of the class Osteichthyes;

fish merchant means –

(a) the holder of any licence other than a fish licence (recreational); or

(b) a person who carries on the business of selling fish;

Fisheries Rules means rules in force under the Act;

[Regulation 3 Amended by S.R. 2002, No. 169, Applied:01 Jan 2003] fishing licence (abalone dive) means a fishing licence (abalone dive) within the meaning of the Fisheries (Abalone) Rules 2000 ;

[Regulation 3 Amended by S.R. 1998, No. 142, Applied:09 Dec 1998]

giant crab means crab of the species Pseudocarcinus gigas;

[Regulation 3 Amended by S.R. 1998, No. 142, Applied:09 Dec 1998] Grade 1 penalty means the penalty specified in regulation 5 of the Penalty Regulations;

[Regulation 3 Amended by S.R. 1998, No. 142, Applied:09 Dec 1998] Grade 2 penalty means a penalty specified in regulation 6 of the Penalty Regulations;

[Regulation 3 Amended by S.R. 1998, No. 142, Applied:09 Dec 1998] Grade 3 penalty means a penalty specified in regulation 7 of the Penalty Regulations;

greenlip abalone means fish of the species Haliotis laevigata;

[Regulation 3 Amended by S.R. 2002, No. 169, Applied:01 Jan 2003] holder of a fishing licence (abalone dive) includes a supervisor of such a licence;

[Regulation 3 Amended by S.R. 2000, No. 222, Applied:01 Jan 2001] King Island greenlip area means the area of State waters adjacent to King Island bounded by the line of latitude 40^o 20' 00" South in the south, the line of longitude 143^o 30' 00" East in the west, the line of latitude 39^o 30' 00" South in the north and the line of longitude 144^o 30' 00" East in the east;

[Regulation 3 Amended by S.R. 2000, No. 222, Applied:01 Jan 2001] mother boat means a fishing vessel that –

(a) under normal circumstances is not to be towed on land on a trailer; and

(b) is more than 15 metres long; and

(c) is used to transport holders of a fishing licence (abalone dive) on fishing trips for abalone; and

(d) is used by holders of a fishing licence (abalone dive) –

(i) to act as a diving platform to take abalone for commercial purposes; or

(ii) to operate a dinghy from that acts as a diving platform to take abalone for commercial purposes;

[Regulation 3 Amended by S.R. 2000, No. 222, Applied:01 Jan 2001] north coast greenlip area means the area of State waters adjacent to the west and north coasts of mainland Tasmania beginning at the mouth of the Arthur River, west along the line of latitude 41^o 3' 34" South until the junction with the line of longitude 144^o 20' 00" East, north along that line of longitude until the junction with the line of latitude 40^o 20' 00" South, east along that line of latitude until the junction with the line of longitude 146^o 49' 55" East and south along that line of longitude until Three Mile Bluff;

[Regulation 3 Amended by S.R. 2002, No. 169, Applied:01 Jan 2003] northern area means the area of State waters adjacent to the north, north-west and north-east coasts of the mainland of Tasmania, the Furneaux Group of islands and King Island, and those State waters north of an imaginary line running from the northern side of the mouth of the Great Musselroe River at Musselroe Bay due west for 100 metres, following the shoreline 100 metres from shore to the northernmost tip of Musselroe Point, running due north until its junction with the line of latitude 40^o 48' 00" South, and then running due east to the outer limit of State waters, and north of an imaginary line running due west from the mouth of the Arthur River to the outer limit of State waters;

[Regulation 3 Amended by S.R. 2000, No. 222, Applied:01 Jan 2001] northern blacklip area means the area of State waters adjacent to the north, north west and north east coast of the mainland of Tasmania, the Furneaux Group of Islands and King Island, and those State waters generally north of a line bounded in the east by an imaginary line from the northern side of the mouth of the Great Musselroe River at Musselroe Bay, running due west for 100 metres, following the shoreline 100 metres from shore to the northernmost tip of Musselroe Point, running due north until intersection with the line of latitude 40^o 48' 00" South, and running due east to the outer limit of State waters, and bounded in the west by an imaginary line from the northernmost point of Woolnorth Point to Brown Rocks and running due west to the limit of State waters;

[Regulation 3 Amended by S.R. 2001, No. 161, Applied:01 Jan 2002] [Regulation 3 Amended by S.R. 2002, No. 169, Applied:01 Jan 2003]

[Regulation 3 Amended by S.R. 2002, No. 169, Applied:01 Jan 2003] north-west area means the area of State waters adjacent to the west coast and north-west coast of Tasmania bounded in the north by an imaginary line running from the northernmost point of Woolnorth Point to Brown Rocks and then running due west to the limit of State waters and in the south by an imaginary line running due west from the mouth of the Arthur River to the limit of State waters;

[Regulation 3 Amended by S.R. 1998, No. 142, Applied:09 Dec 1998]

octopus means fish of the genus Octopus;

[Regulation 3 Amended by S.R. 2001, No. 161, Applied:01 Jan 2002]

[Regulation 3 Amended by S.R. 2001, No. 161, Applied:01 Jan 2002] [Regulation 3 Amended by S.R. 2003, No. 165, Applied:31 Dec 2003] Penalty Regulations means the Fisheries Penalties Regulations 2001 ;

pensioner means a person in receipt of any pension, allowance, supplement or benefit under a law of the Commonwealth;

[Regulation 3 Amended by S.R. 1998, No. 142, Applied:09 Dec 1998]

restricted zone means the State waters inshore of an imaginary line extending from Cape Degerando to Cape Sonnerat to Mistaken Cape to Cape Frederick Henrick, other than the waters of Blackman Bay west of an imaginary straight line from the southern most extent of the spit to the northern most part of Little Chinaman Bay;

rock lobster means rock lobster of the genus Jasus;

scallop means fish of the species –

(a) Equichlamys bifrons (commonly known as queen scallop); or

(b) Pecten fumatus (commonly known as commercial scallop); or

(c) Mimachlamys asperrimus (commonly known as doughboy scallop);

scallop spat means a scallop that is less than 40 millimetres in its widest diameter;

sea urchin means fish of the species Heliocidaris erythrogramma or genus Centrostephanus;

[Regulation 3 Amended by S.R. 2000, No. 222, Applied:01 Jan 2001] shell length, in relation to an abalone, means the diameter of the abalone shell at its widest, whether the shell is broken or chipped or not;

shellfish means fish of the phylum Mollusca, other than bivalves and abalone;

[Regulation 3 Amended by S.R. 2002, No. 169, Applied:01 Jan 2003] southern area means the area of State waters adjacent to the east, south-east, south, south-west and west coasts of Tasmania bounded in the north on the east coast by an imaginary line from the northern side of the mouth of the Great Musselroe River at Musselroe Bay running due west for 100 metres, following the shoreline 100 metres from shore to the northernmost tip of Musselroe Point, running due north until its junction with the line of latitude 40° 48' 00" South, and then running due east to the outer limit of State waters, and bounded in the north on the west coast by an imaginary line running due west from the mouth of the Arthur River to the limit of State waters;

sporophyll means that part of an algal stem containing or producing spores;

[Regulation 3 Amended by S.R. 2001, No. 161, Applied:01 Jan 2002]

[Regulation 3 Amended by S.R. 2001, No. 161, Applied:01 Jan 2002] stamp duty means duty payable under the Duties Act 2001 ;

[Regulation 3 Amended by S.R. 1998, No. 142, Applied:09 Dec 1998]

Undaria means –

(a) exotic marine alga Undaria pinnatifida (commonly known as wakame); and

(b) sporophyll of that alga;

undersize abalone means an abalone the shell of which is less than 132 millimetres in its widest diameter, whether the shell is broken or chipped in any way or not;

[Regulation 3 Amended by S.R. 2000, No. 222, Applied:01 Jan 2001]

wild, in relation to any species or kind of fish, means State waters other than those to which a marine farming licence specifying that species or kind of fish relates;

[Regulation 3 Amended by S.R. 1998, No. 142, Applied:09 Dec 1998]

PART 2 - Minimum sizes

4.   

[Regulation 4 Subregulation (1) amended by S.R. 1999, No. 145, Applied:08 Dec 1999] [Regulation 4 Subregulation (1) amended by S.R. 1998, No. 142, Applied:09 Dec 1998] [Regulation 4 Rescinded by S.R. 2000, No. 222, Applied:01 Jan 2001] .  .  .  .  .  .  .  .  

5.   

[Regulation 5 Subregulation (2) omitted by S.R. 1998, No. 142, Applied:09 Dec 1998] [Regulation 5 Rescinded by S.R. 1999, No. 145, Applied:08 Dec 1999] .  .  .  .  .  .  .  .  

6.   Taking or possessing abalone

[Regulation 6 Subregulation (5) substituted by S.R. 1997, No. 56, Applied:28 May 1997] [Regulation 6 Substituted by S.R. 1997, No. 151, Applied:28 Nov 1997] [Regulation 6 Subregulation (5) amended by S.R. 1998, No. 167, Applied:23 Dec 1998] [Regulation 6 Subregulation (5) substituted by S.R. 1999, No. 181, Applied:29 Dec 1999] [Regulation 6 Subregulation (8) inserted by S.R. 1998, No. 167, Applied:23 Dec 1998] [Regulation 6 Subregulation (8) omitted by S.R. 1999, No. 181, Applied:29 Dec 1999] [Regulation 6 Substituted by S.R. 2000, No. 222, Applied:01 Jan 2001]

(1)  [Regulation 6 Subregulation (1) amended by S.R. 2002, No. 169, Applied:01 Jan 2003] A person who is not the holder of a fishing licence (abalone dive) must not take abalone with a shell length less than 127mm.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(2)  [Regulation 6 Subregulation (2) amended by S.R. 2002, No. 169, Applied:01 Jan 2003] A person must not have possession of abalone with a shell length less than 127mm unless that person –

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

(b) is the holder of a fish processing licence; or

(c) has bought or received the abalone from a fish merchant.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(3)  [Regulation 6 Subregulation (3) amended by S.R. 2002, No. 169, Applied:01 Jan 2003] The holder of a fishing licence (abalone dive) must not take or have possession of abalone with a shell length less than 114mm.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

6A.   Taking or possessing greenlip abalone

[Regulation 6A Inserted by S.R. 2000, No. 222, Applied:01 Jan 2001] A person must not take or have possession of greenlip abalone with a shell length less than 140mm.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

6B.   Possession by fish processing licence holder

[Regulation 6B Inserted by S.R. 2000, No. 222, Applied:01 Jan 2001] [Regulation 6B Amended by S.R. 2002, No. 169, Applied:01 Jan 2003] [Regulation 6B Amended by S.R. 2001, No. 161, Applied:01 Jan 2002] [Regulation 6B Substituted by S.R. 2003, No. 166, Applied:24 Dec 2003]

(1)  The holder of a fish processing licence must not have possession of –

(a) abalone with a shell length less than 114mm; or

(b) greenlip abalone with a shell length less than 145mm; or

(c) abalone taken from State waters with a smaller shell length than that which may legally be taken from those waters by the holder of a fishing licence (abalone dive).

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(2)  Subregulation (1)(a) and (b) do not apply to abalone that has been cultivated elsewhere than in the wild.

(3)  The holder of a fish processing licence must ensure that, prior to processing, abalone cultivated elsewhere than in the wild is stored separately from abalone taken from the wild.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

6C.   Taking or possessing abalone in certain waters

[Regulation 6C Inserted by S.R. 2000, No. 222, Applied:01 Jan 2001]

(1)  [Regulation 6C Subregulation (1) substituted by S.R. 2001, No. 137, Applied:07 Nov 2001] The holder of a fishing licence (abalone dive) must not take abalone with a shell length less than 140mm from any of the waters within area A.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(1A)  [Regulation 6C Subregulation (1A) inserted by S.R. 2001, No. 137, Applied:07 Nov 2001] The holder of a fishing licence (abalone dive) must not have possession of any abalone with a shell length less than 140mm in area A or on land within one kilometre of any of the waters within area A unless –

(a) the holder is undertaking a fishing trip on a mother boat; and

(b) the mother boat is in State waters north of an imaginary line running due west from Cape Sorell to the limit of State waters or in Macquarie Harbour or the Channel into Macquarie Harbour; and

(c) the abalone has a shell length not less than 132mm.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(1B)  [Regulation 6C Subregulation (1B) inserted by S.R. 2002, No. 169, Applied:01 Jan 2003] The holder of a fishing licence (abalone dive) must not take abalone with a shell length less than 127mm from the northern blacklip area other than the Bass Strait area.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(1C)  [Regulation 6C Subregulation (1C) inserted by S.R. 2002, No. 169, Applied:01 Jan 2003] The holder of a fishing licence (abalone dive) must not have possession of any abalone with a shell length less than 127mm in the northern blacklip area other than in the Bass Strait area, or on land within one kilometre of any waters within those waters unless –

(a) the holder is undertaking a fishing trip on a mother boat; and

(b) the abalone has a shell length not less than 114mm; and

(c) the abalone was taken in the Bass Strait area.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(2)  [Regulation 6C Subregulation (2) substituted by S.R. 2001, No. 161, Applied:01 Jan 2002] The holder of a fishing licence (abalone dive) must not have possession of abalone with a shell length less than 132mm in the waters of the north-west area or on land within one kilometre of those waters.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(2A)  [Regulation 6C Subregulation (2A) inserted by S.R. 2002, No. 169, Applied:01 Jan 2003] The holder of a fishing licence (abalone dive) must not take abalone with a shell length less than 136mm from the Couta Rocks area.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(2B)  [Regulation 6C Subregulation (2B) inserted by S.R. 2002, No. 169, Applied:01 Jan 2003] The holder of a fishing licence (abalone dive) must not have possession of any abalone with a shell length less than 136mm in the Couta Rocks area or on land within one kilometre of any waters within the Couta Rocks area unless –

(a) the holder is undertaking a fishing trip on a mother boat; and

(b) the abalone has a shell length not less than 132mm.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(3)  [Regulation 6C Subregulation (3) amended by S.R. 2001, No. 137, Applied:07 Nov 2001] [Regulation 6C Subregulation (3) substituted by S.R. 2001, No. 161, Applied:01 Jan 2002] The holder of a fishing licence (abalone dive) must not take abalone with a shell length less than 132mm from the waters of the north-west area.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(3A)  [Regulation 6C Subregulation (3A) inserted by S.R. 2001, No. 161, Applied:01 Jan 2002] The holder of a fishing licence (abalone dive) must not have possession of abalone with a shell length less than 136mm in the waters of the east coast area or on land within one kilometre of those waters unless –

(a) [Regulation 6C Subregulation (3A) amended by S.R. 2002, No. 169, Applied:01 Jan 2003] those abalone were taken in the northern blacklip area or Bass Strait area; and

(b) [Regulation 6C Subregulation (3A) amended by S.R. 2002, No. 169, Applied:01 Jan 2003] those abalone do not have a shell length less than 114mm; and

(c) the holder is undertaking a fishing trip on a mother boat; and

(d) the mother boat is in State waters bounded in the north by the eastern boundary of the northern blacklip area and in the south by an imaginary straight line running due east from the tip of St Helens Point to the limit of State waters or within the waters of Georges Bay.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(3B)  [Regulation 6C Subregulation (3B) inserted by S.R. 2001, No. 161, Applied:01 Jan 2002] The holder of a fishing licence (abalone dive) must not take abalone with a shell length less than 136mm from the waters of the east coast area.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(4)  [Regulation 6C Subregulation (4) amended by S.R. 2001, No. 161, Applied:01 Jan 2002] The holder of a fishing licence (abalone dive) must not take greenlip abalone with a shell length less than 150mm from, or have possession of greenlip abalone with a shell length less than 150mm in, the King Island greenlip area or on land within one kilometre of any of those waters.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(5)  [Regulation 6C Subregulation (5) substituted by S.R. 2001, No. 161, Applied:01 Jan 2002] The holder of a fishing licence (abalone dive) must not take, or have possession of, greenlip abalone with a shell length less than 145mm.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(6)  A person must not take or have possession of greenlip abalone with a shell length less than 145mm in State waters, other than waters in the north coast greenlip area.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(7)  [Regulation 6C Subregulation (7) inserted by S.R. 2002, No. 169, Applied:01 Jan 2003] A person must not take abalone with a shell length less than 136mm in the southern area.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(8)  [Regulation 6C Subregulation (8) inserted by S.R. 2002, No. 169, Applied:01 Jan 2003] A person who is not the holder of a fishing licence (abalone dive) must not possess any abalone with a shell length less than 136mm the southern area or on land within one kilometre of any waters within the southern area unless that person –

(a) is the holder of a fish processing licence; or

(b) has bought or received the abalone from a fish merchant.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

6D.   Taking or possessing certain abalone

[Regulation 6D Inserted by S.R. 2000, No. 222, Applied:01 Jan 2001]

(1)  [Regulation 6D Subregulation (1) amended by S.R. 2002, No. 169, Applied:01 Jan 2003] A person must not take or have possession of any abalone with a shell length less than 114mm that has been cultivated elsewhere than in the wild unless the person –

(a) is the holder of a marine farming licence authorising abalone farming; or

(b) is acting with the authority of the holder of such a licence; or

(ba) [Regulation 6D Subregulation (1) amended by S.R. 2003, No. 166, Applied:24 Dec 2003] is the holder of a fish processing licence who has bought or received the abalone from the holder of a marine farming licence authorising abalone farming; or

(c) has bought or received the abalone from a fish merchant.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(2)  A person must not take or have possession of any greenlip abalone with a shell length less than 140mm that has been cultivated elsewhere than in the wild unless the person –

(a) is the holder of a marine farming licence authorising abalone farming; or

(b) is acting with the authority of the holder of such a licence; or

(ba) [Regulation 6D Subregulation (2) amended by S.R. 2003, No. 166, Applied:24 Dec 2003] is the holder of a fish processing licence who has bought or received the abalone from the holder of a marine farming licence authorising abalone farming; or

(c) has bought or received the abalone from a fish merchant.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

PART 3 - Fees

7.   Beach price

(1)  For the purpose of fees payable under an abalone deed of agreement, the beach price is the average price per kilogram of abalone paid by abalone purchasers to the holders of fishing licences (abalone quota), holders of fishing licences (abalone) or holders of fishing licences (abalone dive).

(2)  The price per kilogram of abalone paid must be the true value taking into account –

(a) each payment and other forms of payments; and

(b) any rights, privileges or benefits paid directly or indirectly for the abalone.

(3)  An abalone purchaser is a person who has purchased more than 80 tonnes of abalone in the preceding 12 months.

8.   Fees

(1)  The fees specified in Part 1 of Schedule 1 are prescribed in respect of fishing licences.

(2)  [Regulation 8 Subregulation (2) amended by S.R. 1997, No. 151, Applied:28 Nov 1997] The fees specified in Part 2 of Schedule 1 are prescribed in respect of fish processing licences.

(3)  [Regulation 8 Subregulation (3) amended by S.R. 1997, No. 151, Applied:28 Nov 1997] The fees specified in Part 3 of Schedule 1 are prescribed in respect of handling licences.

(4)  The fees specified in Part 4 of Schedule 1 are prescribed in respect of marine farming licences.

(5)  [Regulation 8 Subregulation (5) inserted by S.R. 1997, No. 151, Applied:28 Nov 1997] The fees specified in Parts 2 and 3 of Schedule 1 in relation to endorsements are payable in addition to the fees specified in those Parts for renewal.

(6)  [Regulation 8 Subregulation (6) inserted by S.R. 1997, No. 151, Applied:28 Nov 1997] The fees specified in Schedule 1A are prescribed in respect of miscellaneous matters under the Act.

9.   Date for renewal fee for fishing licence (abalone quota)

The fee payable for the renewal of a fishing licence (abalone quota) is due on or before 30 April, 31 July, 31 October and 31 January in each year.

10.   Fees for renewal of fishing licence (abalone quota)

In addition to the payment of the fee specified in Part 1 of Schedule 1 for the renewal of a fishing licence (abalone quota), a fee is payable as determined under section 99(3) of the Act in respect of the renewal as if the licence were a deed of agreement.

PART 4 - .  .  .  .  .  .  .  .  

[Part 4 Rescinded by S.R. 1998, No. 142, Applied:09 Dec 1998]

11.   

[Regulation 11 Substituted by S.R. 1997, No. 151, Applied:28 Nov 1997] [Regulation 11 Rescinded by S.R. 1998, No. 142, Applied:09 Dec 1998] .  .  .  .  .  .  .  .  

12.   

[Regulation 12 Substituted by S.R. 1997, No. 151, Applied:28 Nov 1997] [Regulation 12 Rescinded by S.R. 1998, No. 142, Applied:09 Dec 1998] .  .  .  .  .  .  .  .  

13.   

[Regulation 13 Substituted by S.R. 1997, No. 151, Applied:28 Nov 1997] [Regulation 13 Rescinded by S.R. 1998, No. 142, Applied:09 Dec 1998] .  .  .  .  .  .  .  .  

14.   

[Regulation 14 Amended by S.R. 1997, No. 151, Applied:28 Nov 1997] [Regulation 14 Rescinded by S.R. 1998, No. 142, Applied:09 Dec 1998] .  .  .  .  .  .  .  .  

15.   

[Regulation 15 Rescinded by S.R. 1998, No. 142, Applied:09 Dec 1998] .  .  .  .  .  .  .  .  

PART 5 - Miscellaneous

16.   Notifiable decisions

The decisions specified in Part 1 of Schedule 2 are prescribed as decisions in respect of which a notice is to be served under section 280 of the Act.

17.   Appealable determinations

The determinations specified in Part 2 of Schedule 2 are prescribed as determinations after a review in respect of which a person may appeal to the Appeal Tribunal under section 283 of the Act.

18.   Prohibition on taking certain fish

(1)  A person must not take or have possession of a keyhole limpet or limpet of any of the superfamilies Fissurellacea, Patellacea or Siphonariacea.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(1A)  [Regulation 18 Subregulation (1A) inserted by S.R. 1997, No. 56, Applied:28 May 1997] Subregulation (1) does not apply to an Aborigine while carrying out an Aboriginal cultural activity.

(2)  A person, in State waters, must not take or have possession of the following:

(a) any species of pipehorse, pipefish, seahorse or seadragon of the family Syngnathidae;

(b) a handfish of the family Brachionichthyidae;

(c) a threefin blenny of the genus Forsterygion.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(3)  [Regulation 18 Subregulation (3) substituted by S.R. 1998, No. 142, Applied:09 Dec 1998] A person must not take, or be in possession of, any of the following:

(a) great white shark (Carcharodon carcharias);

(b) [Regulation 18 Subregulation (3) amended by S.R. 1999, No. 41, Applied:04 May 1999] basking shark (Cetorhinus maximus);

(c) grey nurse shark (Carcharias taurus);

(d) [Regulation 18 Subregulation (3) amended by S.R. 1999, No. 41, Applied:04 May 1999] megamouth shark (Megachasma pelagios);

(e) whale shark (Rhincodon typus).

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

19.   Storing fish

[Regulation 19 Amended by S.R. 1997, No. 151, Applied:28 Nov 1997] [Regulation 19 Amended by S.R. 1999, No. 145, Applied:08 Dec 1999] Abalone, giant crab and rock lobster are prescribed classes of fish for the purposes of sections 69 and 200(c)(ii) of the Act.

19A.   Commercially protected fish

[Regulation 19A Inserted by S.R. 1997, No. 56, Applied:28 May 1997] The following are prescribed as classes of fish for the purpose of section 100 :

(a) abalone;

(b) cast bullkelp (Durvillaea potatorum) in the waters of the West Coast of Tasmania from Cape Grim to Cape Sorell.

19B.   Processing of fish of prescribed amounts and species

[Regulation 19B Inserted by S.R. 1997, No. 151, Applied:28 Nov 1997] For the purpose of section 67(1) of the Act –

(a) the prescribed amount of fish is –

(i) any amount in respect of rock lobster; and

(ii) any amount in respect of abalone; and

(iii) [Regulation 19B Amended by S.R. 1999, No. 145, Applied:08 Dec 1999] any amount in respect of giant crab; and

(iv) [Regulation 19B Amended by S.R. 1999, No. 145, Applied:08 Dec 1999] any amount in respect of scallops; and

(v) [Regulation 19B Amended by S.R. 1999, No. 145, Applied:08 Dec 1999] 10 tonnes or more in respect of any other species or a combination of other species; and

(b) the prescribed period is one calendar year.

19C.   Prescribed apparatus illegally used

[Regulation 19C Inserted by S.R. 1997, No. 151, Applied:28 Nov 1997] For the purpose of section 268(1)(b)(ii) of the Act, the prescribed apparatus is a fish trap.

19D.   Industry levy

[Regulation 19D Amended by S.R. 1998, No. 142, Applied:09 Dec 1998] [Regulation 19D Inserted by S.R. 1997, No. 151, Applied:28 Nov 1997] A levy payable by a person under section 279 of the Act is due and payable when the person applies for or renews a licence under which an activity to which the levy relates is undertaken.

20.   Noxious fish

[Regulation 20 Amended by S.R. 1999, No. 145, Applied:08 Dec 1999] [Regulation 20 Substituted by S.R. 2002, No. 169, Applied:01 Jan 2003] The following species of fish are noxious fish in State waters:

(a) Northern Pacific seastar (Asterias amurensis);

(b) European carp (Cyprinus carpio);

(c) black striped mussel (Mytilopsis sallei);

(d) European shore crab (Carcinus maenas) (also known as green crab);

(e) Undaria pinnatifida, other than in the restricted zone;

(f) [Regulation 20 Amended by S.R. 2004, No. 139, Applied:29 Dec 2004] giant fan worm (Sabella spallanzanii);

(g) [Regulation 20 Amended by S.R. 2004, No. 139, Applied:29 Dec 2004] green algae (Caulerpa taxifolia).

20A.   Keeping records

[Regulation 20A Inserted by S.R. 1998, No. 142, Applied:09 Dec 1998] [Regulation 20A Substituted by S.R. 2004, No. 139, Applied:29 Dec 2004] The following people are prescribed persons for the purpose of section 145 of the Act:

(a) a person who at any time in the preceding 5 years was the holder of an authorisation;

(b) a person approved under section 87 or 88 of the Act.

21.   Rescission

The Sea Fisheries Regulations 1962 are rescinded.

22.   

[Regulation 22 Amended by S.R. 1997, No. 56, Applied:28 May 1997] [Regulation 22 Rescinded by S.R. 1997, No. 151, Applied:28 Nov 1997] .  .  .  .  .  .  .  .  

SCHEDULE 1 - Licence fees

[Schedule 1 Substituted by S.R. 2001, No. 161, Applied:01 Jan 2002]

PART 1 - Fishing licences

[Part 1 of Schedule 1 Amended by S.R. 1996, No. 160, Applied:02 Dec 1996] [Part 1 of Schedule 1 Amended by S.R. 1997, No. 151, Applied:28 Nov 1997] [Part 1 of Schedule 1 Substituted by S.R. 1998, No. 142, Applied:09 Dec 1998] [Part 1 of Schedule 1 Amended by S.R. 1999, No. 41, Applied:04 May 1999] [Part 1 of Schedule 1 Amended by S.R. 1999, No. 145, Applied:08 Dec 1999] [Part 1 of Schedule 1 Amended by S.R. 1999, No. 181, Applied:29 Dec 1999] [Part 1 of Schedule 1 Amended by S.R. 2000, No. 222, Applied:01 Jan 2001] [Part 1 of Schedule 1 Substituted by S.R. 2001, No. 161, Applied:01 Jan 2002] [Part 1 of Schedule 1 Amended by S.R. 2003, No. 165, Applied:31 Dec 2003] [Part 1 of Schedule 1 Amended by S.R. 2004, No. 139, Applied:29 Dec 2004]

PART 2 - Fish processing licences

[Part 2 of Schedule 1 Amended by S.R. 1996, No. 160, Applied:02 Dec 1996] [Part 2 of Schedule 1 Substituted by S.R. 1997, No. 151, Applied:28 Nov 1997] [Part 2 of Schedule 1 Amended by S.R. 1998, No. 142, Applied:09 Dec 1998] [Part 2 of Schedule 1 Substituted by S.R. 2001, No. 161, Applied:01 Jan 2002]

PART 3 - Handling licences

[Part 3 of Schedule 1 Substituted by S.R. 1997, No. 151, Applied:28 Nov 1997] [Part 3 of Schedule 1 Substituted by S.R. 2001, No. 161, Applied:01 Jan 2002]

PART 4 - Marine farminglicences

[Part 4 of Schedule 1 Substituted by S.R. 1997, No. 151, Applied:28 Nov 1997] [Part 4 of Schedule 1 Substituted by S.R. 2001, No. 161, Applied:01 Jan 2002]

SCHEDULE 1A - Miscellaneous fees

[Part 1 of Schedule 1 Amended by S.R. 1997, No. 151, Applied:28 Nov 1997]

Regulation 8(6)

[Schedule 1A Amended by S.R. 1998, No. 142, Applied:09 Dec 1998] [Schedule 1A Amended by S.R. 1999, No. 41, Applied:04 May 1999]

SCHEDULE 2 - Decisions and determinations

Regulations 16 and 17

PART 1 - Notifiable decisions

PART 2 - Appealable determinations after review

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

Notified in the Gazette on 30 May 1996

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