I make the following rules under the Living Marine Resources Management Act 1995.B. BONDEMinister for Primary Industry and FisheriesPreliminary

Short titleThese rules may be cited as the Fisheries (Abalone) Rules 1997.

CommencementThese rules, except as provided in subrule (2), take effect on .The provisions of Divisions 1 and 3 of Part 3 take effect on .

InterpretationIn these rules –abalone means fish of the genus Haliotis;abalone container includes a fishing vessel carrying abalone;abalone meat means any part of the flesh of an abalone that has been removed from its shell other than –in the course of cooking or being consumed; orbeing processed at processing premises;abalone quota unit means one-3500th of the total allowable catch of abalone as determined by the Minister under the Act;abalone transfer docket means a docket in an approved form relating to abalone that is part of the records required to be kept under the Act;Act means the Living Marine Resources Management Act 1995;blacklip abalone means fish of the species Haliotis rubra;closed season means a season or period during which the abalone fishery is closed;diver's docket means a docket in an approved form relating to abalone that is part of records required to be kept under the Act;fish merchant means –the holder of a fish processing licence that specifies abalone; ora person who carries on the business of selling fish;fishing gear means apparatus;Furneaux Group means the State waters and land bounded by a line of longitude 147o30' East in the west, the line of latitude 39o30' South in the north, the line of longitude 148o30' East in the east, and the line of latitude 40o40' South in the south;giant crab means crab of the species Pseudocarcinus gigas;Grade 1 penalty means the penalty specified in regulation 4 of the Penalty Regulations;Grade 2 penalty means the penalty specified in regulation 5 of the Penalty Regulations;Grade 3 penalty means the penalty specified in regulation 6 of the Penalty Regulations;greenlip abalone means fish of the species Haliotis laevigata;landed, in relation to abalone, means when any abalone or abalone container –is taken ashore; ormakes contact with an artificial extension of land after the abalone has been taken;landing area means an area specified in rule 32;movement report means a report relating to the movement or transport of abalone that is part of records required to be kept under the Act;mutilated, in relation to abalone, means –cut, punctured or bruised; orotherwise damaged so as to cause bleeding;open season means a season or period during which the abalone fishery is open;Penalty Regulations means the Fisheries (Penalty) Regulations 1996;post fishing report means a report relating to fishing for abalone that is part of records required to be kept under the Act;prior fishing report means a report relating to fishing for abalone that is part of records required to be kept under the Act;processing premises means a place, vessel or vehicle in respect of which a fish processing licence is in force;receipt report means a report relating to receiving abalone that is part of records required to be kept under the Act;reporting service means the service approved by the Secretary under rule 21;rock lobster means rock lobster of the genus Jasus;rock lobster pot means any basket, trap, cage or other contrivance, other than a rock lobster ring, that is designed for use, or is capable of being used, for or in connection with the taking of rock lobster or giant crab;rock lobster ring means a net consisting only of a single fixed ring or hoop to which a mesh of string or twine is attached that is designed for use, or is capable of being used, for or in connection with the taking of rock lobster.Any expression in these rules which is not defined in subrule (1) but is defined in the Act has the meaning as so defined.

Application of rulesThese rules apply to the fishery for abalone.

Duration of rulesThese rules continue in force until .

Consultation arrangementsThe Minister must consult with the appropriate advisory committee established in relation to the abalone fishery in respect of any changes relating to –any area where fishing for abalone may occur; andany matter relating to the characteristics of abalone; andany opening and closing of the abalone fishery; andfishing gear; andlimits on taking and possessing abalone.

Classes of fishing licencesFor the purposes of these rules, a fishing licence is one of the following classes:class abalone –fishing licence (abalone dive); orfishing licence (abalone quota);class recreational, fishing licence (recreational abalone).

Taking and possessing abaloneRestrictions

Total allowable catchThe period during which the total allowable catch may be taken is from 1 January to 31 December in each year.

Closed and open season for abaloneThe Minister, by public notice, may determine –the dates of the closed season for all or part of the abalone fishery; andthe dates of the open season for all or part of the abalone fishery.A person must not take abalone from State waters during the closed season.Fine not exceeding the applicable Grade 3 penalty.

Taking abaloneA person must not take any abalone unless that person –is the holder of –a fishing licence (abalone dive); ora fishing licence (recreational abalone); oris an Aborigine undertaking an Aboriginal cultural activity.Fine not exceeding the applicable Grade 3 penalty.

Authority of abalone licencesA fishing licence (abalone quota) only authorises the holder to have a share of the total allowable catch of abalone which is equal to the number of abalone quota units specified in the licence.A fishing licence (abalone dive) only authorises the holder to dive, take and have possession of abalone of a quantity specified in the licence.

Number of fishing licences (abalone dive)The Minister is to ensure that not more than 125 fishing licences (abalone dive) are in force at the one time.

Restrictions on fishing licence (abalone dive)The holder of a fishing licence (abalone dive) –must not have possession of an abalone that has been removed from its shell unless the holder is not on a fishing vessel and the abalone –has been taken under a fishing licence (recreational abalone); oris being prepared for cooking or is being cooked or consumed; oris being or has been processed in processing premises; andmust not take an amount of abalone which exceeds the total amount specified in the licence at the time the abalone are taken; andmust ensure that any abalone taken are landed in Tasmania before the abalone are transported outside State waters; andmust deliver all abalone to the holder of a fish processing licence that specifies abalone; andmust ensure that the abalone, on delivery, are in the shell and in a fresh and wholesome condition and not mutilated; andmust ensure the relevant diver's docket accompanies the abalone.Fine not exceeding the applicable Grade 3 penalty.The holder of a fishing licence (abalone dive) –must not take or possess abalone taken under a fishing licence (recreational abalone) while on a fishing vessel that is being used to take, transport or store abalone for commercial purposes; andmust carry a measuring device when diving; andmust measure an abalone with a measuring device as soon as it is detached; andmust immediately replace an undersized abalone; andmust not land abalone without being in possession of a diver's docket at the landing area.Fine not exceeding the applicable Grade 2 penalty.

Restrictions in Furneaux GroupThe holder of a fishing licence (abalone dive) must not, during any one day –take in the Furneaux Group more than 200 kg of abalone; andhave possession of more than 200 kg of abalone in State waters in the Furneaux Group.Fine not exceeding the applicable Grade 3 penalty.

Quantity of abaloneA person must not –take more than 10 abalone in any one day, unless the person is the holder of a fishing licence (abalone dive); orhave possession of more than 5 abalone unless the person –is the holder of a fishing licence (recreational abalone); oris undertaking an aboriginal cultural activity; oris a person referred to in paragraph (c); orhave possession of more than 20 abalone unless the person –has the third copy of the diver's docket which relates to the abalone; orhas a receipt relating to the purchase of the abalone from a fish merchant; oris the holder of a fishing licence (abalone dive) who has taken the abalone under that licence and the abalone have not been landed.Fine not exceeding the applicable Grade 3 penalty.Subrule (1)(b) and (c) does not apply if all the abalone are on, or have been taken from, a marine farm by or with the authority of the holder of the marine farming licence or a permit relating to marine farming and have been grown under that licence or permit.

Diving from vesselA person must not –dive from, or enter the water from, a fishing vessel or dinghy that is being used to take abalone for commercial purposes unless the person is the holder of a fishing licence (abalone dive); orbeing the owner or master of a fishing vessel that is being used to take abalone for commercial purposes, permit any person to dive from, or enter the water from, that fishing vessel or a dinghy used in connection with the vessel unless the person diving or entering the water is the holder of a fishing licence (abalone dive).Fine not exceeding the applicable Grade 3 penalty.

Restrictions on fishing licence (recreational abalone)The holder of a fishing licence (recreational abalone) must –carry a measuring device while taking abalone; andmeasure an abalone with the measuring device as soon as it is detached; andimmediately replace undersize abalone; andbring ashore all abalone above high-water mark before detaching it from the shell.Fine not exceeding the applicable Grade 3 penalty.

Possessing abalone on vesselA person must not have possession of –on any vessel, any abalone that is detached from its shell or processed in any form other than being packed; oron a fishing vessel that is being used to take, transport or store abalone for commercial purposes, any –rock lobster pot; orrock lobster ring; orrock lobster.Fine not exceeding the applicable Grade 3 penalty.A person must not have possession of, or use, abalone or part of abalone as bait unless authorised under a licence.Fine not exceeding the applicable Grade 3 penalty.

Abalone meatA person must not have possession of –any abalone meat, other than greenlip abalone meat, that is less than 90 grams in weight; orgreenlip abalone meat that is less than 70 grams in weight.Fine not exceeding the applicable Grade 3 penalty.

Processing abaloneThe holder of a fish processing licence must not commence the processing of any abalone until at least 15 minutes or any further period as may be specified in the licence have expired after all the abalone to which a diver's docket relates have entered the processing premises.Fine not exceeding the applicable Grade 2 penalty.The holder of the fish processing licence must ensure that –during the period referred to in subrule (1) the abalone are kept in a container separate and apart from any other abalone at the processing premises; andduring the period after taking possession of the abalone and before the abalone entered the processing premises the abalone are kept in a separate container apart from any other abalone; anda copy of the diver's docket in respect of the abalone is securely attached to the container in which the abalone are being kept.Fine not exceeding the applicable Grade 2 penalty.

ReportingReports

Reporting serviceThe Secretary may approve a service as a service that may receive reports under this Part.

Prior fishing reportThe holder of a fishing licence (abalone dive), not more than 24 hours before entering State waters for the purpose of taking abalone for commercial purposes, must make a prior fishing report to the reporting service.Fine not exceeding the applicable Grade 2 penalty.On receipt of a prior fishing report from the holder of a fishing licence (abalone dive), the reporting service is to issue to the holder a report receipt number.

Post fishing reportThe holder of a fishing licence (abalone dive) must make a post fishing report to the reporting service –within 2 hours of landing, if any abalone were not taken; orwithin 30 minutes of completing the diver's docket under rule 27(1), if abalone was taken.Fine not exceeding the applicable Grade 3 penalty.On receipt of a post fishing report from the holder of a fishing licence (abalone dive), the reporting service is to issue to the holder a report receipt number.

Receipt reportThe holder of a fish processing licence, within 15 minutes of receiving abalone at the processing premises specified in the licence, must make a receipt report to the reporting service.Fine not exceeding the applicable Grade 3 penalty.On receipt of a receipt report from the holder of a fish processing licence, the reporting service is to issue to the holder a report receipt number.

Movement reportThe holder of a fish processing licence, at least 15 minutes before transferring abalone or abalone product, must make a movement report to the reporting service.Fine not exceeding the applicable Grade 3 penalty.On receipt of a movement report from the holder of a fish processing licence, the reporting service is to issue to the holder a report receipt number.

Recording and providing report receipt numberA person to whom a report receipt number is issued by a reporting service must –record that report receipt number; andprovide that report receipt number when required to do so by a fisheries officer.Fine not exceeding the applicable Grade 2 penalty.

Diver's dockets

Diver's docketThe holder of a fishing licence (abalone dive) must complete the information relating to fishing in Part A of a diver's docket –on the day on which the abalone are taken; andas soon as possible after that day's diving is complete.Fine not exceeding the applicable Grade 3 penalty.The holder of a fishing licence (abalone dive) must complete Part A of a diver's docket within 4 hours after the abalone are landed.Fine not exceeding the applicable Grade 3 penalty.The holder of a fishing licence (abalone dive) must complete Part A of a diver's docket –if the processing premises at which the abalone are to be processed are not located within the landing area, before the abalone leave that landing area; orif the processing premises at which the abalone are to be processed are located within the landing area, before the abalone enters the premises, place or vehicle; orin any other case, before the abalone leave the landing area.Fine not exceeding the applicable Grade 3 penalty.The holder of a fishing licence (abalone dive) must –send the original of the completed diver's docket to the Secretary within 48 hours after Part B of the diver's docket has been completed; andretain the first copy of the diver's docket for at least 5 years.Fine not exceeding the applicable Grade 2 penalty.The holder of a fishing licence (abalone dive) must ensure that any information entered on a diver's docket appears and is maintained in a clear and legible manner on the original and each copy of the diver's docket.Fine not exceeding the applicable Grade 2 penalty.

Taking possession of abaloneAt the time a person takes possession of abalone from the holder of a fishing licence (abalone dive), the person must complete Part B of the original diver's docket that relates to the abalone.Fine not exceeding the applicable Grade 2 penalty.A person who enters information on Part B of an original diver's docket must ensure that the information appears and is maintained in a clear and legible manner on the original and each copy of the diver's docket.Fine not exceeding the applicable Grade 2 penalty.A person must not take possession of abalone from the holder of a fishing licence (abalone dive) unless the second and third copies of the diver's docket which relates to the abalone are delivered when the abalone are delivered.Fine not exceeding the applicable Grade 2 penalty.The person who takes possession of abalone from the holder of a fishing licence (abalone dive) must –keep the third copy of the diver's docket with the abalone to which it relates until the abalone has been processed; andforward the second copy of the diver's docket to the Secretary within 48 hours after Part B of the diver's docket is completed; andretain the third copy of the diver's docket, in good condition, for at least 5 years after the abalone are delivered.Fine not exceeding the applicable Grade 2 penalty.

Abalone transfer dockets

Abalone transfer dockets (receipt)The holder of a fish processing licence must complete the original copy of an abalone transfer docket within 15 minutes after the abalone is received and weighed.Fine not exceeding the applicable Grade 3 penalty.The holder of a fish processing licence must forward the original copy of a completed abalone transfer docket to the Secretary on the day it is completed.Fine not exceeding the applicable Grade 3 penalty.The holder of a fish processing licence must keep the triplicate copy of the abalone transfer docket at the processing premises for at least 5 years.Fine not exceeding the applicable Grade 3 penalty.

Abalone transfer dockets (leaving premises)The holder of a fish processing licence must complete the original copy of a abalone transfer docket before any abalone leaves the processing premises.Fine not exceeding the applicable Grade 3 penalty.The holder of a fish processing licence must forward –the original copy of the completed abalone transfer docket to the Secretary on the day it is completed; andthe duplicate copy of that docket with the abalone to the person receiving the abalone.Fine not exceeding the applicable Grade 3 penalty.The person receiving the duplicate copy of the abalone transfer docket must keep it for at least 5 years.Fine not exceeding the applicable Grade 3 penalty.The holder of a fish processing licence must keep the triplicate copy of the abalone transfer docket at the processing premises for at least 5 years.Fine not exceeding the applicable Grade 3 penalty.

Records of general informationThe holder of a fish processing licence must keep records relating to the following matters:the amount of stock of live, partially processed or finished product of abalone –that has entered or left the processing premises; andthat are within the processing premises;the processed weight of abalone;the ownership of all abalone on the processing premises;any other matter specified as a condition of the licence.Fine not exceeding the applicable Grade 3 penalty.

Miscellaneous

Landing areasThe following are landing areas:at Great Musselroe Bay, the area within a radius of 200 metres on the landward side from the high tide mark closest to the point of landing in Great Musselroe Bay;at Bluff Hill Point, the area within a radius of 200 metres on the landward side from the high tide mark closest to the point of landing in Mawson Bay;at Couta Rocks, the area within a radius of 200 metres on the landward side from the high tide mark closest to the point of landing at Couta Rocks;at Garden Point near Port Arthur, the area within a radius of 500 metres on the landward side from the high tide mark closest to the launching ramp in Long Bay;at a place within 5 kilometres of Granville Harbour, the area within a radius of 1 500 metres on the landward side from the high tide mark closest to the point of landing;at Green Point near Marrawah, the area of Green Point Road to the intersection of Green Point Road and Comeback Road;at Ocean Beach, the area within a radius of 200 metres on the landward side from the high tide mark closest to the point of landing at Braddon Point;at Petal Point, the area within a radius of 150 metres on the landward side from the high tide mark closest to the commencement of the access road at the southern end of Lemons Beach;at South Arm, the area within a radius of 500 metres on the landward side from the high tide mark closest to the launching ramp in Halfmoon Bay;at Temma, the area within a radius of 200 metres on the landward side from high tide mark closest to the point of landing in Temma Harbour;at Trial Harbour, the area within a radius of 300 metres on the landward side from the high tide mark closest to the point of landing in Trial Harbour;at any other place, the area within a radius of 50 metres on the landward side from the high tide mark closest to the point of landing.

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