Fisheries (Abalone) Amendment Rules 2004 (TAS)

Fisheries (Abalone) Amendment Rules 2004

I make the following rules under the Living Marine Resources Management Act 1995 .30 November 2004

S. Kons

Minister for Primary Industries and Water

1Short titleThese rules may be cited as the Fisheries (Abalone) Amendment Rules 2004 . 2CommencementThese rules take effect on the day on which their making is notified in the Gazette. 3Principal RulesIn these rules, the Fisheries (Abalone) Rules 2000 are referred to as the Principal Rules. 4Rule 3 amended (Interpretation) Rule 3(1) of the Principal Rules is amended as follows: (a) by inserting the following definition after the definition of blacklip abalone : cauf means a type of apparatus that – (a) is used for holding live abalone; and (b) can sit in the water independently of a vessel; (b) by omitting the definition of eastern blacklip abalone part of the fishery and substituting the following definitions: diving team means a diving team formed in accordance with rule 22F ; diving team docket means a docket in an approved form relating to the taking of abalone by a diving team; eastern blacklip abalone part of the fishery is the part of the commercial abalone fishery determined under section 94 of the Act to be the eastern blacklip abalone part of the fishery; (c) by inserting the following definition after the definition of greenlip abalone : greenlip abalone part of the fishery is the part of the commercial abalone fishery determined under section 94 of the Act to be the greenlip abalone part of the fishery; (d) by inserting the following definition after the definition of open season : part of the fishery means any part of the fishery determined under section 94 of the Act to be a part of the fishery; (e) by inserting the following definition after the definition of processing premises : quota limit means the maximum quantity of abalone authorised to be taken in accordance with a fishing licence (abalone dive) at the start of a fishing trip in a particular part of the fishery; (f) by inserting the following definition after the definition of site of unloading : transfer docket means a docket in an approved form relating to the transfer to a person of excess abalone in accordance with rule 36 ; (g) by omitting "system." from paragraph (b) of the definition of vessel monitoring system and substituting "system;"; (h) by inserting the following definition after the definition of vessel monitoring system : western blacklip abalone part of the fishery is the part of the commercial abalone fishery determined under section 94 of the Act to be the western blacklip abalone part of the fishery. 5Rule 5 amended (Duration of rules) Rule 5 of the Principal Rules is amended by omitting "31 December 2004" and substituting "31 December 2009". 6Rule 12 amended (Authority of abalone licences) Rule 12(2) of the Principal Rules is amended by omitting "A" and substituting "Subject to rule 22F(2) and rule 36 , a". 7Rule 14 amended (Restrictions on fishing licence (abalone dive)) Rule 14(1) of the Principal Rules is amended as follows: (a) by inserting in paragraph (b) ", subject to rule 22F(2) and rule 36 ," after "not"; (b) by inserting in paragraph (c) ", subject to rule 22F(2) and rule 36 ," after "not". 8Rule 20A insertedAfter rule 20 of the Principal Rules , the following rule is inserted in Part 2: 20AAll abalone above size limit to be landed The holder of a fishing licence (abalone dive) who, on a fishing trip, takes an abalone that is over the relevant size limit and within the quota limit of the relevant licence, must land that abalone.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

9Rule 22AAB insertedAfter rule 22A of the Principal Rules , the following rule is inserted in Part 2: 22AABSingle zone fishing (1)  The holder of a fishing licence (abalone dive), on a fishing trip, must not take blacklip abalone in a part of the fishery other than that nominated under rule 24(1D) for that trip.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(2)  On a fishing trip, the holder of a fishing licence (abalone dive) must not take blacklip abalone from more than one part of the fishery.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(3)  If the holder of a fishing licence (abalone dive), on a fishing trip intends to take, or takes, abalone from the eastern blacklip abalone part of the fishery, he or she must not enter waters within the western blacklip abalone part of the fishery on that trip.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(4)  If the holder of a fishing licence (abalone dive), on a fishing trip, intends to take, or takes, abalone from the western blacklip abalone part of the fishery, he or she must not dive or swim or take abalone in waters within the eastern blacklip abalone part of the fishery on that trip.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

10Rules 22E and 22F insertedAfter rule 22D of the Principal Rules , the following rules are inserted in Part 2: 22ECauf not to be used for abalone The holder of a fishing licence (abalone dive) must not use a cauf for abalone.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

22FDiving teams (1)  If 2 people each hold a fishing licence (abalone dive), they may form a diving team for a particular fishing trip. (2)  Notwithstanding rule 12(2) and rule 14(1)(b) and (c) , a member of a diving team may take and have possession of abalone in accordance with the fishing licence (abalone dive) of the other member of the team as if the member were that other member. (3)  Both members of a diving team must – (a) dive together from the same vessel or dinghy; and (b) start and finish the fishing trip on the same vessel.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(4)  A member of a diving team must not land abalone taken on a fishing trip from a vessel other than the vessel on which the trip was commenced.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(5)  A member of a diving team must not take abalone quota units that are held as fishing licence (abalone quota).

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(6)  On a fishing trip to a part of the fishery, the members of a diving team must not take or have possession of more abalone in total than the combined amount authorised to be taken or possessed on that trip under each member’s fishing licence (abalone dive) for that part of the fishery, including any excess authorised under rule 36 .

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

11Rule 24 amended (Prior fishing report) Rule 24 of the Principal Rules is amended by inserting after subrule (1C) the following subrule: (1D)  The holder of a fishing licence (abalone dive) must nominate, in the prior fishing report, the part of the fishery, other than the greenlip abalone part of the fishery, from which he or she intends to take abalone.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

12Rule 24D insertedAfter rule 24C of the Principal Rules , the following rule is inserted in Division 1: 24DCancellation report (1)  If a person who makes a report to the reporting service does not undertake the activity to which the report relates, the person must make a cancellation report to the reporting service.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(2)  A cancellation report is to be made – (a) to the reporting service; and (b) within 2 hours after the activity was due to occur. (3)  On receipt of a cancellation report from a person, the reporting service is to issue to the person a report receipt number. 13Rules 30 , 31 and 32 insertedAfter rule 29 of the Principal Rules , the following rules are inserted in Division 2: 30Diving team dockets (1)  Before commencing a fishing trip on which 2 holders of fishing licences (abalone dive) intend to form a diving team, each member of the proposed diving team must complete a diving team docket.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(2)  A diving team docket is to be completed in addition to a diver’s docket. (3)  When completing Part A of a diver’s docket, each member of the diving team must ensure that all abalone taken on the fishing trip are declared as to be deducted from the quota limit of one or other, or a combination of both, of the members of the team.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(4)  The holder of a fishing licence (abalone dive) who completes a diving team docket in respect of a fishing trip must – (a) send the pink sheet of the completed diving team docket to the Secretary with the pink sheet of the completed diver’s docket for that trip required to be sent to the Secretary under rule 29(4)(a) ; and (b) retain the white sheet of the completed diving team docket for 5 years.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

31Transfer dockets The holder of a fishing licence (abalone dive) who completes a transfer docket under rule 36(8) in respect of a fishing trip must – (a) send the pink sheet of the completed transfer docket to the Secretary with the pink sheet of the completed diver’s docket for that trip required to be sent to the Secretary under rule 29(4)(a) ; and (b) retain the white sheet of the completed transfer docket for 5 years.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

32Dockets to be clear and legible The holder of a fishing licence (abalone dive) must ensure that any information entered on a diver’s docket, diving team docket or transfer docket appears and is maintained in a clear and legible manner on each sheet of the docket.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

14Rule 29 amended (Diver's docket) Rule 29 of the Principal Rules is amended by omitting subrule (5) . 15Rule 36 insertedAfter rule 35 of the Principal Rules , the following rule is inserted in Part 4: 36Over-catch allowance (1)  Notwithstanding rule 12(2) and rule 14(1)(b) and (c) , if the holder of a fishing licence (abalone dive) takes on a fishing trip an amount of abalone that exceeds his or her quota limit by not more than 20%, he or she does not commit an offence if he or she deals with the excess abalone in accordance with this rule. (2)  An excess of abalone referred to in subrule (1) may be – (a) given to another holder of a fishing licence (abalone dive) in accordance with subrules (6) , (7) and (8) ; or (b) dealt with in accordance with subrule (9) or (10) . (3)  The holder of a fishing licence (abalone dive) who receives abalone under this rule is, notwithstanding rule 12(2) and rule 14(1)(b) and (c) , authorised to have possession of those abalone to the extent that they do not exceed his or her quota limit. (4)  The holder of a fishing licence (abalone dive) who receives abalone under this rule must, when completing Part A of his or her diver’s docket, ensure that the amount of abalone received is declared as to be deducted from his or her quota limit as if he or she had taken those abalone.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(5)  The holder of a fishing licence (abalone dive) must ensure that no abalone received under this rule is declared as to be deducted from abalone quota units held as fishing licence (abalone quota).

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(6)  Before completing Part A of the diver’s docket, the holder of a fishing licence (abalone dive) may give an amount of abalone taken in excess of the quota limit to another holder of a fishing licence (abalone dive) if the licence holder receiving the abalone – (a) is completing a commercial fishing trip for abalone; and (b) is within the landing area of the licence holder giving the abalone; and (c) by accepting the abalone would not exceed his or her quota limit. (7)  If the holder of a fishing licence (abalone dive) intends to give abalone to another holder of a fishing licence (abalone dive) under this rule, the licence holder giving the abalone must ensure that no abalone taken by him or her on the fishing trip leaves the landing area until after that transfer is complete.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(8)  Each licence holder referred to in subrules (6) and (7) must complete and sign a transfer docket – (a) before completing Part A of the diver’s docket; and (b) before any abalone taken on their respective fishing trips leave their respective landing areas.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(9)  If the holder of a fishing licence (abalone dive) does not give the excess abalone to another holder of a fishing licence (abalone dive), he or she must – (a) within 30 days after the abalone is landed, provide the Secretary with such information as the Secretary may require in order for additional quota units to be specified on the fishing licence (abalone dive) against which the excess abalone is to be reconciled; or (b) pay to the Crown, in respect of the excess abalone, an amount equal to twice the last beach price for the abalone calculated in accordance with the Fisheries (General and Fees) Regulations 1996 .

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(10)  If the fishing trip is the last trip for a quota period to a particular part of the fishery by the holder of a fishing licence (abalone dive) – (a) the licence holder must pay to the Crown an amount equal to – (i) the last beach price for the quota period in which the abalone were taken, calculated in accordance with the Fisheries (General and Fees) Regulations 1996 , for any amount of abalone that exceeds the quota limit by not more than 10%; and (ii) twice that price for any amount that exceeds that limit by more than 10% and not more than 20%; or (b) in the case of a licence holder who intends to sell or otherwise dispose of his or her licence, or a supervisor who intends to cease to be a supervisor in respect of such a licence, the licence holder or supervisor may pay to the Crown an amount equal to – (i) the last beach price for the abalone, calculated in accordance with the Fisheries (General and Fees) Regulations 1996 , for any amount of abalone that exceeds the quota limit by not more than 10%; and (ii) twice that price for any amount that exceeds that limit by more than 10% and not more than 20%. (11)  If the holder of a fishing licence (abalone dive) pays an amount to the Crown under subrule (9)(b) or subrule (10) for excess abalone, the excess abalone need not be reconciled against the amount of abalone specified on his or her licence. (12)  The holder of a fishing licence (abalone dive) who takes excess abalone from a part of the fishery in a quota period must not dive in that part of the fishery in that quota period until the excess abalone have been dealt with in accordance with this rule.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

16Rule 38 amended (Unauthorised possession of docket book) Rule 38 of the Principal Rules is amended by inserting after paragraph (a) the following paragraphs: (ab) transfer docket; (ac) diving team docket; 17Rule 39 amended (Return of unused docket book) Rule 39 of the Principal Rules is amended by inserting after paragraph (a) the following paragraphs: (ab) transfer docket; (ac) diving team docket;

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

Notified in the Gazette on 15 December 2004

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

EXPLANATORY NOTE

(This note is not part of the rule) These rules amend the

(a) requiring cancellation reports to be made in certain circumstances; and (b) disallowing the use of caufs for abalone; and (c) requiring that all abalone taken above the relevant size limit and within the relevant quota limit be landed; and (d) providing that not more than one blacklip abalone part of the fishery may be fished on a fishing trip; and (e) allowing diving in teams in certain circumstances; and (f) specifying ways in which an amount of abalone taken in excess of a quota limit may be dealt with.