Fisheries Rules 1999

Fisheries Rules 1999

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

13 December 1999

D. E. LLEWELLYN

Minister for Primary Industries, Water and Environment

PART 1 - Preliminary

1.   Short title

These rules may be cited as the Fisheries Rules 1999 .

2.   Commencement

These rules take effect on 1 January 2000.

3.   Interpretation

(1)  [Rule 3 Subrule (1) amended by S.R. 2001, No. 152, Applied:05 Dec 2001] In these rules –

abalone means fish of the genus Haliotis;

Act means the Living Marine Resources Management Act 1995 ;

approved location means a location approved by a fisheries officer for the purpose of Part 3 ;

base port means a port referred to under rule 27 ;

clam or cockle means bivalve shellfish of the class Bivalvia, other than the following:

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

(b) [Rule 3 Subrule (1) amended by S.R. 2001, No. 152, Applied:05 Dec 2001] native oyster;

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

(d) scallop;

closed season means a season or period during which a fishery is closed for fishing;

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

Commonwealth waters means waters within the Australian fishing zone that are –

(a) outside State waters; and

(b) outside the coastal waters of another State;

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

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

distinguishing mark means a mark allotted under rule 19 ;

dropline means a line that –

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

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

fish merchant means –

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

(b) a person who sells fish;

fish trap means a trap –

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

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

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

fishing gear means apparatus;

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

(a) has a loaded bottom line; and

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

Grade 1 penalty means the penalty specified in regulation 5 of the Penalty Regulations;

Grade 2 penalty means the penalty specified in regulation 6 of the Penalty Regulations;

Grade 3 penalty means the penalty specified in regulation 7 of the Penalty Regulations;

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

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

[Rule 3 Subrule (1) amended by S.R. 2005, No. 8, Applied:16 Feb 2005] marine nature reserve means the following areas of land:

(a) Governor Island Marine Nature Reserve;

(b) Nine Pin Point Marine Nature Reserve;

(c) Tinderbox Marine Nature Reserve;

(d) [Rule 3 Subrule (1) amended by S.R. 2005, No. 8, Applied:16 Feb 2005] Kent Group National Park;

(e) [Rule 3 Subrule (1) amended by S.R. 2000, No. 101, Applied:12 Jul 2000] [Rule 3 Subrule (1) amended by S.R. 2005, No. 8, Applied:16 Feb 2005] Maria Island National Park;

(f) [Rule 3 Subrule (1) amended by S.R. 2005, No. 8, Applied:16 Feb 2005] Southwest National Park;

(g) [Rule 3 Subrule (1) amended by S.R. 2005, No. 8, Applied:16 Feb 2005] Macquarie Island Nature Reserve;

marine plant includes any seagrass, seaweed and other aquatic vascular plants, algae, diatoms and euglenoids;

[Rule 3 Subrule (1) amended by S.R. 2001, No. 152, Applied:05 Dec 2001] mollusc (periwinkle) means mollusc of the genus Turbo (commonly known as periwinkles);

mussel means fish of the species Mytilus edulis planulatus (commonly known as Tasmanian blue mussel);

mussel spat means a mussel the shell of which is less than 40 millimetres in length;

mussel spat collector means –

(a) any rope, tape or other device used for collecting or taking mussel spat; and

(b) any associated floats, ropes or moorings;

native marine plant means a marine plant other than a noxious fish;

[Rule 3 Subrule (1) amended by S.R. 2001, No. 152, Applied:05 Dec 2001] native oyster means shellfish of the species Ostrea angasi;

octopus means fish of the genus Octopus;

offshore waters means State waters that are not –

(a) coastal waters; or

(b) within the limits of the State;

open season means a season or period during which a fishery is open for fishing;

operating, in relation to a vessel monitoring system, means that the system is capable of –

(a) transmitting the position of the fishing vessel as required; and

(b) receiving and accurately responding to electronic data;

[Rule 3 Subrule (1) amended by S.R. 2002, No. 124, Applied:16 Oct 2002] Penalty Regulations means the Fisheries Penalties Regulations 2001 ;

processed, in relation to Undaria, means –

(a) dried naturally or artificially; or

(b) treated by a boiling or salting process;

processing premises means a place, vessel or vehicle in respect of which a fish processing licence is in force;

quantity, in relation to Undaria, means a quantity as measured by wet weight;

recreational fishing licence means any fishing licence referred to in rule 7(f) ;

[Rule 3 Subrule (1) amended by S.R. 2005, No. 8, Applied:16 Feb 2005] restricted fishing means the following types of fishing:

(a) taking abalone by diving;

(b) taking rock lobster by –

(i) diving; or

(ii) rock lobster pots; or

(iii) rock lobster rings;

(c) taking scalefish by –

(i) trolling; or

(ii) line fishing with five or less hooks;

restricted zone means the State waters inshore of an imaginary line extending from Cape Degerando to Cape Sonnerat to Mistaken Cape to Cape Frederick Hendrick, other than the waters of Blackman Bay;

rock lobster means rock lobster of the genus Jasus;

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 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;

sale includes disposal for commercial purposes;

satellite communication system means any communication system designed for receiving and transmitting data via satellites and earth stations;

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;

scallop spat collector means –

(a) a frame, cage or other device used for collecting or taking scallop spat; and

(b) any associated floats, ropes or moorings;

set means to place in State waters;

sleep mode, in relation to a vessel monitoring system, means a standby mode in which the system is only capable of operating at specified intervals;

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

system, in relation to a vessel monitoring system, includes component subsystems of –

(a) power supply; and

(b) communication hardware and software; and

(c) communication service providers;

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

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

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

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

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

Undaria means –

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

(b) sporophyll of that alga;

vessel monitoring system means a navigational measuring system that –

(a) determines the location and activities of a vessel; and

(b) is capable of transmitting data in relation to that location and those activities via a satellite communication system;

wet weight means weight measured immediately after fish is landed and before it has begun to be processed;

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.

(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.

4.   Application of rules

These rules apply to all fishing in State waters.

5.   Duration of rules

These rules continue in force for a period of 10 years.

6.   Consultation arrangements

The Minister is to consult with the appropriate advisory committee established in relation to the fisheries referred to in these rules in respect of any changes relating to –

(a) any area where fishing may occur; and

(b) any matter relating to the characteristic of fish; and

(c) any opening and closing of the fisheries; and

(d) fishing gear; and

(e) limits on taking and possessing fish.

7.   Classes of fishing licences

For the purpose 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 abalone, fishing licence (abalone dive);

(d) class commercial dive, fishing licence (commercial dive);

(e) class marine plant –

(i) fishing licence (marine plant); or

(ii) fishing licence (Undaria);

(f) class recreational –

(i) fishing licence (recreational abalone); or

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

(iii) fishing licence (recreational graball); or

(iv) fishing licence (recreational mullet net); or

(v) fishing licence (recreational rock lobster dive); or

(vi) fishing licence (recreational rock lobster pot); or

(vii) fishing licence (recreational rock lobster ring); or

(viii) fishing licence (recreational scallop dive); or

(ix) fishing licence (recreational scallop dredge); or

(x) fishing licence (recreational special rock lobster);

(g) class scallop, fishing licence (scallop);

(h) class scallop spat collection, fishing licence (scallop spat collection);

(i) class mussel spat collection, fishing licence (mussel spat collection);

(j) class giant crab, fishing licence (giant crab);

(k) class rock lobster, fishing licence (rock lobster);

(l) [Rule 7 Amended by S.R. 2001, No. 152, Applied:05 Dec 2001] .  .  .  .  .  .  .  .  

(m) class marine farm, marine farming licence.

PART 2 - General provisions

Division 1 - Taking or possessing fish

8.   Using vessel without fishing licence (vessel)

(1)  A person, in State waters, must not use for commercial purposes a vessel for fishing or carrying fish unless the vessel is specified in a fishing licence (vessel) –

(a) held by that person; or

(b) for which that person is the supervisor under the Act.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(2)  Subrule (1) does not apply to the holder of a marine farming licence, or a person acting with the authority of that holder, who uses a fishing vessel –

(a) within the waters to which the licence relates; or

(b) for any purpose and activity carried out under the licence; or

(c) for the purpose of taking mussel spat from the wild under a fishing licence (mussel spat collection); or

(d) for the purpose of taking scallop spat from the wild under a fishing licence (scallop spat collection).

(3)  Subrule (1) does not apply to the holder of a fishing licence (abalone dive) or fishing licence (commercial dive) if the holder is diving from a fishing vessel that is specified in a fishing licence (vessel).

(4)  A person must not take fish for commercial purposes using a fishing vessel unless the fish were taken under an authorisation to do so, other than a recreational fishing licence.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

9.   Taking fish without fishing licence (personal)

[Rule 9 Substituted by S.R. 2001, No. 152, Applied:05 Dec 2001]

(1)  A person must not take fish for sale unless the person is the holder of a fishing licence (personal).

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(2)  A person who is not the holder of a fishing licence (personal) must not –

(a) supervise the activities of a fishing licence that is not –

(i) a recreational fishing licence; or

(ii) a fishing licence (marine plant); or

(b) sell fish taken by that person under the authority of a permit issued under section 14 of the Living Marine Resources Management Act 1995 .

10.   Authority of fishing licence (personal)

A fishing licence (personal) only authorises the holder to supervise a fishing licence, other than a recreational fishing licence, in relation to –

(a) taking and possessing fish; and

(b) selling fish.

11.   Fishing in offshore waters

(1)  A person who is the holder of a fishing licence (personal) must not undertake any fishing in offshore waters unless the person is the holder of a Commonwealth authority using only the fishing gear authorised under that authority.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(2)  Subrule (1) does not apply to the following:

(a) the holder of a fishing licence (scallop) for the purpose of taking scallop only;

(b) the holder of a fishing licence (abalone dive) for the purpose of taking abalone only;

(c) the holder of a fishing licence (giant crab) for the purpose of taking giant crab only;

(d) the holder of a fishing licence (rock lobster) for the purpose of taking rock lobster only;

(e) the holder of a fishing licence (rock lobster) using not more than the following fishing gear to take fish of the Superclass Pisces:

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

(ii) trolling lines;

(iii) 2 fish traps;

(iv) one demersal longline not exceeding 1 000 metres in length to which not more than 200 snoods and hooks are attached or are capable of being attached;

(v) 2 droplines to which not more than 200 snoods and hooks are attached or are capable of being attached;

(f) [Rule 11 Subrule (2) amended by S.R. 2000, No. 157, Applied:16 Aug 2000] .  .  .  .  .  .  .  .  

12.   Closed and open season

(1)  The Minister, by public notice, may determine –

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

(b) the dates of the open season for a specified fishery or specified part of a fishery.

(2)  A person must not take any kind or species of fish from State waters during the closed season for the fishery in respect of that kind or species of fish.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(3)  A person must not buy, sell or have possession of any kind or species of fish taken from State waters during the closed season for the fishery in respect of that kind or species of fish.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(4)  It is a defence to any proceedings under subrule (2) or (3) for a person to prove that the fish were –

(a) taken, bought, sold or in possession during the open season for the fishery in respect of the fish; or

(b) scallop spat taken under a fishing licence (scallop spat collection); or

(c) taken from a marine farm by, or with the authority of, the holder of a marine farming licence or permit relating to marine farming.

(5)  [Rule 12 Subrule (5) omitted by S.R. 2001, No. 152, Applied:05 Dec 2001] .  .  .  .  .  .  .  .  

13.   Taking fish in certain waters

A person, in Taroona waters, must not –

(a) take fish by diving or swimming; or

(b) have possession of any abalone or rock lobster.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

14.   Grant of recreational fishing licence

A person delegated to do so by the Minister under the Act may grant or renew a recreational fishing licence even though the person is not satisfied as to all of the matters specified in section 78 or 81 of the Act.

15.   Marine nature reserve

(1)  A person must not –

(a) take any fish or marine plant from State waters within a marine nature reserve; or

(b) have possession of any fish or marine plant so taken.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(2)  Subrule (1) 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.

(3)  [Rule 15 Subrule (3) inserted by S.R. 2005, No. 8, Applied:16 Feb 2005] Subrule (1) does not apply to restricted fishing within –

(a) the restricted take zone for the Kent Group National Park as specified in Part 1 of Schedule 1 ; or

(b) the restricted take zone for the Southwest National Park as specified in Part 1 of Schedule 2 .

16.   Sale of certain fish

A person must not sell any fish of any kind or species taken by the holder of a recreational fishing licence under that licence.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

17.   Receipt of purchase of fish for sale or resale

(1)  A person who obtains fish for the purpose of sale or purchases fish from a fish merchant for the purpose of resale must –

(a) obtain a signed receipt containing the information specified in subrule (2) ; and

(b) keep the receipt on the premises where the fish are held until sold; and

(c) retain that receipt in good condition for a period of not less than 5 years after the date of obtaining it; and

(d) if required to do so by a fisheries officer, produce that receipt for examination within the specified period.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(2)  A receipt must contain the following information:

(a) the name and address of the person from whom the fish were obtained or who sold the fish;

(b) the date of sale of the fish or the date the fish were received;

(c) the species or a recognised common name of the fish;

(d) the quantity or weight of each species of fish.

(3)  A person who is not authorised to take a kind or species of fish for sale must not have possession of that kind or species of fish for the purpose of sale or resale unless the person has a receipt referred to in subrule (1) .

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(4)  Subrule (1) does not apply to abalone purchased from the holder of a fishing licence (abalone dive).

(5)  Subrule (3) does not apply to the following:

(a) rock lobster in the possession of the holder of –

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

(ii) a handling licence; or

(iii) a fish processing licence endorsed to process rock lobster;

(b) giant crab in the possession of the holder of –

(i) a fishing licence (giant crab); or

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

(iii) a fish processing licence endorsed to process giant crab if the giant crab are received from the holder of a fishing licence (giant crab);

(c) abalone in the possession of the holder of a fishing licence (abalone dive) or a person who purchases those abalone from the holder of that licence;

(d) scallops in the possession of the holder of –

(i) a fishing licence (scallop); or

(ii) a fish processing licence endorsed to process scallops;

(e) fish of any other kind or species in the possession of the holder of a fishing licence (personal);

(f) fish bred, reared, grown or taken under a marine farming licence or permit relating to marine farming and in the possession of the holder of that licence or permit.

(6)  It is a defence in any proceedings for an offence under subrule (3) for a person to prove that the fish were obtained directly from a person who carries on the business of selling fish outside Tasmania.

18.   Receipt of sale of fish

(1)  A fish merchant must supply a person with a receipt –

(a) if the fish merchant sells more than 5 rock lobster, one giant crab or 5 abalone to the person; or

(b) at the request of the person, if the fish merchant has sold the person any fish.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(2)  A fish merchant must –

(a) retain a copy of the receipt in good condition for a period of not less than 5 years after supplying it; and

(b) if required to do so by a fisheries officer, produce that copy for examination.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

Division 2 - Marks and measurement

19.   Fishing vessel marks

(1)  On the issue of a fishing licence (vessel), the Secretary is to –

(a) allot a distinguishing mark in respect of the fishing vessel specified in the licence; and

(b) include that mark on the licence; and

(c) advise the holder of the licence of that mark.

(2)  The holder of a fishing licence (vessel) must cause the distinguishing mark to be painted or displayed in distinct and legible characters –

(a) on or to each side of the hull of the fishing vessel and any dinghy used in conjunction with the fishing vessel, above the waterline; and

(b) if the fishing vessel has a wheelhouse or deck, on or to the topside of the wheelhouse or the deck so as to be visible from the air.

Penalty:  Fine not exceeding the applicable Grade 1 penalty.

(3)  A distinguishing mark –

(a) consists of any combination of letters, or letters and numerals, the Secretary determines; and

(b) is to be painted or displayed –

(i) in the case of a distinguishing mark on the side of the hull of a fishing vessel or dinghy, in white characters on a dark ground, or in dark characters on a white ground, not less than 150 millimetres high and not less than 25 millimetres wide; and

(ii) in the case of the distinguishing mark on the wheelhouse or deck of a fishing vessel, in black characters, on an orange ground surrounded by a black border, not less than 900 millimetres high, not less than 75 millimetres wide and spaced 100 millimetres apart; and

(c) in the case of the distinguishing mark on the wheelhouse or deck of a fishing vessel, is to be painted or displayed from port to starboard, and from forward to aft, of the boat; and

(d) during the currency of the licence in respect of which it is allotted, is to be maintained in a clean condition and kept unobscured.

20.   Dinghies

(1)  The holder of a fishing licence (vessel) may use only up to 2 dinghies from the fishing vessel specified in the licence.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

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

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

21.   Limits, tags and markings

The Minister, by public notice, may determine the following:

(a) the limits for taking or possessing fish for recreational fishing;

(b) the manner in which fish containers, receptacles and packages are to be marked, tagged, labelled and notified;

(c) the type, volume and marking of containers and receptacles containing fish;

(d) the marking and tagging of fish.

22.   Nature of buoys

(1)  A person must not set and use any fishing gear that requires being marked with a buoy unless the buoy –

(a) is spherical in shape; and

(b) [Rule 22 Subrule (1) amended by S.R. 2002, No. 124, Applied:16 Oct 2002] has a diameter of not less than 19.5 centimetres; and

(c) is specifically designed as a buoy; and

(d) floats on the surface of the water.

Penalty:  Fine not exceeding the applicable Grade 1 penalty.

(2)  The holder of an authorisation must not, in State waters, have possession of any device designed to conceal a buoy under the surface unless authorised by the Secretary.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

22A.   Net mesh measurement

[Rule 22A Inserted by S.R. 2002, No. 124, Applied:16 Oct 2002]

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

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

(a) the mesh is held taut; and

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

Division 3 - Matters relating to vessels

23.   Vessel length

(1)  The categories of vessel lengths are as follows:

(a) less than 6 metres;

(b) less than 10 metres;

(c) less than 20 metres;

(d) unlimited.

(2)  The category of vessel length is to be stated on the fishing licence (vessel).

24.   Use of fishing licence (vessel)

A person must not operate under a fishing licence (vessel) on a vessel the length of which does not conform with the category stated on the licence unless otherwise authorised.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

25.   Fishing licence (vessel) not transferable

A fishing licence (vessel) that is not transferable is cancelled if –

(a) the licence holder surrenders the licence; or

(b) the licence holder dies.

PART 3 - Vessel monitoring

26.   Fitting of vessel monitoring system

(1)  The Secretary, by notice in writing served on a supervisor of a fishing licence (vessel), may direct the supervisor to fit a vessel monitoring system to a fishing vessel if –

(a) there is a management plan for the fishery and that management plan provides for a vessel monitoring system to be fitted; or

(b) for any other reason the Secretary determines.

(2)  The supervisor of a fishing licence (vessel) directed to fit a vessel monitoring system must –

(a) comply with any instructions of the Secretary and manufacturer relating to the installation, service and use of the vessel monitoring system; and

(b) fit a vessel monitoring system of a type that is approved by the Secretary; and

(c) ensure the vessel monitoring system is not removed from the fishing vessel without the written approval of a fisheries officer; and

(d) ensure that only a person authorised by the Secretary interferes with a seal on the vessel monitoring system; and

(e) have the vessel monitoring system operating at all times.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(3)  If instructions of the manufacturer are inconsistent with instructions of the Secretary, the instructions of the Secretary prevail to the extent of that inconsistency.

(4)  A vessel monitoring system ceases to operate if it is unable to be programmed on demand through a satellite communication system.

(5)  A person who is not a fisheries officer must not –

(a) cause, or allow, any alteration to any programming of a vessel monitoring system to cease operating; or

(b) operate a fishing vessel required to be fitted with a vessel monitoring system without the vessel monitoring system operating; or

(c) have, cause or arrange to have the vessel monitoring system disconnected from the satellite communication system without the written approval of a fisheries officer.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

27.   Base port of vessel

The supervisor of a fishing licence (vessel) directed to fit a vessel monitoring system, within 7 days of the date of the direction, must nominate to the Secretary in writing a port location as the port at which the vessel is based for purposes of vessel monitoring.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

28.   Communication with vessel

(1)  The supervisor of a fishing licence (vessel) directed to fit a vessel monitoring system must ensure that –

(a) there is on the fishing vessel a means of instantaneous electronic communication, other than the vessel monitoring system, capable of providing communication between the crew of the vessel and a fisheries officer when the vessel is at sea; and

(b) the Secretary is notified of the call sign or other identifier that enables the vessel's crew to be contacted by that means of communication; and

(c) the Secretary is provided with the name, address and contact details of a person that the Secretary may contact if the Secretary considers that the vessel monitoring system has ceased to operate or the vessel cannot be contacted directly by a fisheries officer; and

(d) the means of communication is turned on at all times; and

(e) any direction given by a fisheries officer in respect of the means of communication is complied with.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(2)  The supervisor of a fishing licence (vessel) to which a vessel monitoring system is fitted must ensure that –

(a) there is on the fishing vessel a means of instantaneous electronic communication, other than the vessel monitoring system, capable of providing communication between the crew of the vessel and the person named under subrule (1)(c) when the vessel is at sea; and

(b) the means of communication is turned on at all times.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(3)  If the Secretary considers that a vessel monitoring system has ceased to operate and the Secretary is unable to contact the vessel's crew, the Secretary may notify the person named under subrule (1)(c) that the vessel monitoring system is not operating.

(4)  A person contacted under subrule (3) must immediately advise the holder or supervisor of the fishing licence (vessel) by means of instantaneous electronic communication that the vessel monitoring system is not operating.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(5)  It is a defence in any proceedings for an offence under subrule (4) for a person to prove that instantaneous electronic communication was not able to be carried out because of a systems failure beyond the control of any person.

29.   Testing measures

The Secretary may determine measures to test a vessel monitoring system.

30.   Effective operation of vessel monitoring system

(1)  The supervisor of a fishing licence (vessel) directed to fit a vessel monitoring system must take reasonable measures to ensure that he or she is made aware that the vessel monitoring system fitted to the vessel ceases to operate.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(2)  A supervisor of a fishing licence (vessel) who is aware that a vessel monitoring system fitted to the vessel has ceased to operate must ensure that –

(a) the Secretary is immediately notified that the vessel monitoring system has ceased to operate; and

(b) all fishing undertaken from the fishing vessel stops and all fishing gear is stowed until the Secretary authorises fishing to continue; and

(c) the fishing vessel is taken promptly to its base port or another location specified by a fisheries officer.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

31.   Irregular position data transmission

(1)  Unless the Secretary determines otherwise, the supervisor of a fishing licence (vessel) directed to fit a vessel monitoring system may cease to operate the vessel monitoring system by placing it in sleep mode when the vessel is at a base port or an approved location in any of the following circumstances:

(a) during any intervals the Secretary specifies;

(b) during a closed season for the fishery for which the vessel monitoring system is required, if the vessel monitoring system is not required in another fishery;

(c) while the fishing boat is undergoing maintenance;

(d) during the period 4 hours after the fishing vessel enters a base port or arrives at an approved location and 4 hours before the vessel next leaves the base port or approved location.

(2)  The Secretary may give approval for the supervisor of a fishing licence (vessel) directed to fit a vessel monitoring system to cease to operate the vessel monitoring system for a specified period of time when the vessel is at an approved location in any of the following circumstances:

(a) during a closed season for the fishery for which the vessel monitoring system is required, if the vessel monitoring system is not required in another fishery;

(b) while the fishing vessel or vessel monitoring system is undergoing maintenance;

(c) while the fishing vessel remains at an approved location for more than 14 days and is not being used for any fishing;

(d) in any other circumstances the Secretary determines.

32.   Exclusion zones for vessels with vessel monitoring systems

(1)  The Secretary, by notice in writing served on the supervisor of a fishing licence (vessel) directed to fit a vessel monitoring system, may direct the supervisor to keep the vessel clear of any area of State waters –

(a) if there is a management plan for the fishery that provides –

(i) for a vessel monitoring system to be fitted; and

(ii) that the area is closed to fishing; or

(b) if the area is closed to fishing under rule 12 ; or

(c) for any other reason the Secretary determines.

(2)  The supervisor of a fishing licence (vessel) directed to fit a vessel monitoring system must not operate a fishing vessel fitted with a vessel monitoring system in any area that the Secretary has required the vessel be kept clear of.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(3)  It is a defence in proceedings for an offence under subrule (2)  –

(a) for the supervisor to prove that –

(i) the Secretary authorised the supervisor to operate the vessel within the area; and

(ii) fishing was not undertaken from the fishing vessel while it was in the area; and

(iii) all fishing gear on the vessel was stowed while it was in the area; or

(b) for the supervisor to prove that compliance with that subrule is likely to endanger any person or the fishing vessel.

PART 4 - Shellfish fishery

Division 1 - Scallop spat collection fishery

33.   Taking and possessing scallop spat

(1)  Subject to subrule (2) , a person must not set scallop spat collectors or take or have possession of scallop spat unless –

(a) the scallop spat is taken for the purposes of scallop farming; and

(b) the person is the holder of a fishing licence (scallop spat collection); and

(c) the person has the written approval of the Secretary to set scallop spat collectors in a specified area for that purpose.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(2)  A person may set scallop spat collectors if –

(a) the scallop spat collectors are set within the area of a marine farm lease; and

(b) the marine farming licence relating to that area authorises the farming of scallops.

34.   Authority of fishing licence (scallop spat collection)

A fishing licence (scallop spat collection) only authorises the holder to –

(a) set scallop spat collectors; and

(b) take or have possession of scallop spat.

35.   Selling and buying scallop spat

(1)  A person must not sell or give scallop spat to a person who is not the holder of a marine farming licence in respect of scallop farming.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(2)  A person must not buy or receive scallop spat from a person who is not –

(a) the holder of a marine farming licence in respect of scallop farming; or

(b) the holder of a fishing licence (scallop spat collection).

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

Division 2 - Mussel spat collection fishery

36.   Taking and possessing mussel spat

(1)  A person must not set mussel spat collectors or take or have possession of mussel spat unless –

(a) the mussel spat is taken for the purposes of mussel farming; and

(b) the person is the holder of a fishing licence (mussel spat collection); and

(c) the person has the written approval of the Secretary to set mussel spat collectors in a specified area for that purpose.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(2)  Subrule (1) does not apply if –

(a) the mussel spat collectors are set within the area of a marine farm lease; and

(b) the marine farming licence relating to that area authorises the farming of mussels.

37.   Authority of fishing licence (mussel spat collection)

A fishing licence (mussel spat collection) only authorises the holder to –

(a) set mussel spat collectors in State waters; and

(b) take or have possession of mussel spat.

38.   Selling and buying mussel spat

(1)  A person must not sell or give mussel spat to a person who is not the holder of a marine farming licence in respect of mussel farming.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(2)  A person must not buy or receive mussel spat from a person who is not –

(a) the holder of a marine farming licence in respect of mussel farming; or

(b) the holder of a fishing licence (mussel spat collection).

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

Division 3 - General

39.   Taking and possessing octopus

(1)  A person in State waters must not –

(a) take more than 100 kilograms of octopus each day; or

(b) have possession of more than 100 kilograms of octopus.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(2)  A person must not take or have possession of more than 5 octopuses in the following areas on any one day unless the person is the holder of a fishing licence (personal):

(a) the waters of Eaglehawk Bay east of the line of longitude through Manson Point;

(b) land within 200 metres of high-water mark of the waters of Eaglehawk Bay.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

40.   Possession of shellfish for commercial purposes

(1)  A person must not have possession of the following species of shellfish for commercial purposes unless otherwise authorised or the shellfish are taken in accordance with a marine farming licence:

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

(b) the species Ostrea angasi (commonly known as native oyster);

(c) the species Mytilus edulisplanulatus (commonly known as Tasmanian blue mussel);

(d) a species of clam or cockle.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(2)  A person must not take from the wild for commercial purposes any species of shellfish referred to in subrule (1) unless otherwise authorised.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

40A.   Taking shellfish for recreational purposes

[Rule 40A Inserted by S.R. 2001, No. 152, Applied:05 Dec 2001] [Rule 40A Substituted by S.R. 2002, No. 124, Applied:16 Oct 2002]

(1)  A person, unless otherwise authorised, must not take from State waters more than –

(a) 100 clams or cockles in one day; or

(b) 100 mussels in one day; or

(c) 100 molluscs (periwinkles) in one day; or

(d) 50 native oysters in one day; or

(e) 20 molluscs in one day comprised of any other species of mollusc the taking of which has not been restricted or prohibited in any rules or regulations made under the Living Marine Resources Management Act 1995 .

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(2)  Subrule (1)(e) does not apply to an Aborigine while carrying out an Aboriginal cultural activity.

40B.   Using fishing gear to take clams or cockles

[Rule 40B Inserted by S.R. 2001, No. 152, Applied:05 Dec 2001] A person, unless otherwise authorised, must not use any fishing gear to take clams or cockles.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

PART 5 - Marine plant fishery

41.   Taking native marine plants

(1)  A person must not take a native marine plant in State waters unless the person is the holder of –

(a) a fishing licence (marine plant); and

(b) a fishing licence (commercial dive), if the native marine plant is taken by means of diving or swimming.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(2)  Subrule (1) does not apply to –

(a) a species of native marine plant in State waters that is grown in a marine farm under a marine farming licence that specifies that species; or

(b) a person who collects cast seaweed for non-commercial purposes if –

(i) the cast seaweed is not attached to the seafloor; and

(ii) the cast seaweed is not in water; and

(iii) the person collects no more than 100 kilograms of cast seaweed a day.

42.   Taking Undaria

(1)  A person must not take Undaria in State waters unless the person is the holder of –

(a) a fishing licence (Undaria); and

(b) a fish processing licence that specifies that Undaria may be processed under that licence.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(2)  A person must not take Undaria in State waters on behalf of the holder of a fishing licence (Undaria) without the approval of the Secretary.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(3)  The holder of a fishing licence (Undaria) must advise the Secretary, by notice in writing, within 7 days after ceasing to employ a person approved under subrule (2) to take Undaria under that licence.

Penalty:  Fine not exceeding the applicable Grade 1 penalty.

43.   Authority of fishing licence (marine plant)

A fishing licence (marine plant) only authorises the holder to take and sell marine plants specified in the licence.

44.   Authority of fishing licence (Undaria)

A fishing licence (Undaria) only authorises the holder to take Undaria in State waters in accordance with the licence.

45.   Restrictions on fishing licence (marine plant)

The holder of a fishing licence (marine plant) must not take –

(a) any species or kind of native marine plant except the species or kind specified in the licence; or

(b) any native marine plant except during any period and in any area of State waters and in the quantity specified in the licence; or

(c) a native marine plant except by the method specified in the licence in respect of that native marine plant.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

46.   Restrictions on fishing licence (Undaria)

The holder of a fishing licence (Undaria) must not –

(a) take any marine plant other than Undaria under the licence; or

(b) take Undaria under the licence except during any period and in any area of State waters and in the quantity specified in the licence; or

(c) cause Undaria to be taken except by the method specified in the licence; or

(d) direct or permit any person who is not approved by the Secretary to take Undaria under the licence.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

47.   Restricted zones

(1)  A person must not have possession of unprocessed Undaria outside a restricted zone unless the person is the holder of a fishing licence (Undaria) specifying that the holder of the licence may have possession of unprocessed Undaria outside a restricted zone for the purpose of transporting it to any processing premises where it is to be processed.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(2)  A person must not have possession of unprocessed sporophylls of Undaria outside the restricted zone.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

48.   Preventing spread of Undaria

(1)  A person must not knowingly place or release Undaria or take any action that is likely to result in the spread of any Undaria –

(a) in State waters; or

(b) on any land or in any waters from where the Undaria is likely, as a result of natural forces, to later reach and enter State waters.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(2)  A person who removes any Undaria from State waters must not return it to those waters.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

PART 6 - .  .  .  .  .  .  .  .  

[Part 6 Rescinded by S.R. 2001, No. 152, Applied:05 Dec 2001]

49.   

[Rule 49 Rescinded by S.R. 2001, No. 152, Applied:05 Dec 2001] .  .  .  .  .  .  .  .  

50.   

[Rule 50 Rescinded by S.R. 2001, No. 152, Applied:05 Dec 2001] .  .  .  .  .  .  .  .  

51.   

[Rule 51 Rescinded by S.R. 2001, No. 152, Applied:05 Dec 2001] .  .  .  .  .  .  .  .  

52.   

[Rule 52 Rescinded by S.R. 2001, No. 152, Applied:05 Dec 2001] .  .  .  .  .  .  .  .  

53.   

[Rule 53 Rescinded by S.R. 2001, No. 152, Applied:05 Dec 2001] .  .  .  .  .  .  .  .  

54.   

[Rule 54 Rescinded by S.R. 2001, No. 152, Applied:05 Dec 2001] .  .  .  .  .  .  .  .  

SCHEDULE 1 - Kent Group National Park

[Schedule 1 Inserted by S.R. 2005, No. 8, Applied:16 Feb 2005]

PART 1 - Restricted take zone for Kent Group National Park

The restricted take zone for the Kent Group National Park is the area of water comprising approximately 15 048 hectares, shown as Lot 1 with coordinates expressed using Geocentric Datum of Australia and bounded by a heavy black line on Plan 6481 in the Central Plan Register, a reduced copy of which is set out, by way of illustration only, in Part 2 of this Schedule.

PART 2 - Plan

SCHEDULE 2 - Southwest National Park

[Schedule 2 Inserted by S.R. 2005, No. 8, Applied:16 Feb 2005]

PART 1 - Restricted take zone for Southwest National Park

The restricted take zone for the Southwest National Park is the area of water comprising approximately 7 810 hectares, shown as Lot 1 with coordinates expressed using Geocentric Datum of Australia and bounded by a heavy black line on Plan 6482 in the Central Plan Register, a reduced copy of which is set out, by way of illustration only, in Part 2 of this Schedule.

PART 2 - Plan

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

Notified in the Gazette on 22 December 1999

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