Fisheries (Abalone) Amendment Rules 2014 (TAS)

Fisheries (Abalone) Amendment Rules 2014

I make the following rules under the Living Marine Resources Management Act 1995 .30 June 2014

JEREMY ROCKLIFF

Minister for Primary Industries and Water

1Short titleThese rules may be cited as the Fisheries (Abalone) Amendment Rules 2014 . 2CommencementThese rules take effect on the day on which their making is notified in the Gazette. 3Principal RulesIn these rules, the Fisheries (Abalone) Rules 2009 are referred to as the Principal Rules. 4Rule 3 amended (Interpretation) Rule 3 of the Principal Rules is amended as follows: (a) by omitting " rule 14 " from the definition of abalone quota certificate and substituting " rule 15 "; (b) by omitting the definition of auxiliary boat and substituting the following definition: auxiliary vessel means a dinghy, tender or other vessel that – (a) is part of the equipment of a fishing vessel; and (b) is transported with, capable of being carried on, and operates solely from, the fishing vessel; and (c) is not operated further than 2 nautical miles from the fishing vessel; (c) by inserting the following definition after the definition of eastern blacklip abalone part of the fishery : excess abalone, in relation to the holder of a fishing licence (abalone dive), means abalone taken by the licence holder in excess of his or her quota limit for the licence; (d) by inserting "longitude" after "Holts Point at" in the definition of Franklin Sound ; (e) by inserting "latitude" after "38” East and" in the definition of Franklin Sound ; (f) by inserting "longitude" after "Boil Point at" in the definition of Franklin Sound ; (g) by inserting "latitude" after "59” East and" in the definition of Franklin Sound ; (h) by inserting "longitude" after "Island at" in the definition of Franklin Sound ; (i) by inserting "latitude" after "40” East and" in the definition of Franklin Sound ; (j) by inserting "longitude" after "Beach at" in the definition of Franklin Sound ; (k) by inserting "latitude" after "18” East and" in the definition of Franklin Sound ; (l) by omitting " Fisheries Penalties Regulations 2001 " from the definition of Grade 1 penalty and substituting " Fisheries (Penalties) Regulations 2011 "; (m) by omitting " Fisheries Penalties Regulations 2001 " from the definition of Grade 2 penalty and substituting " Fisheries (Penalties) Regulations 2011 "; (n) by omitting " Fisheries Penalties Regulations 2001 " from the definition of Grade 3 penalty and substituting " Fisheries (Penalties) Regulations 2011 "; (o) by omitting paragraph (a) from the definition of mother boat ; (p) by omitting "boat" from paragraph (c)(ii) of the definition of mother boat and substituting "vessel"; (q) by inserting "or Sagmariasus" after "Jasus" in the definition of rock lobster . 5Rule 9 amended (Closed and open season for abalone) Rule 9 of the Principal Rules is amended as follows: (a) by inserting in subrule (1) "public" after "by"; (b) by omitting subrule (3) and substituting the following subrules: (3)  The Minister, by public notice, may also determine any part of the abalone fishery to be closed to, or in respect of, such activities for such periods as are specified in the notice. (4)  A person must not contravene a determination in force under subrule (3) in respect of the abalone fishery.

Penalty:  Grade 3 penalty.

(5)  A public notice under this rule may be – (a) combined with another such notice; and (b) revoked by another such notice. 6Rule 12 amended (Number of fishing licences (abalone dive)) Rule 12 of the Principal Rules is amended by omitting "125" and substituting "121". 7Rule 12A insertedAfter rule 12 of the Principal Rules , the following rule is inserted in Part 2: 12AGranting of fishing licences (abalone dive) A fishing licence (abalone dive) may only be granted to a person if the person lodging the application for the licence – (a) held a fishing licence (abalone dive) on the preceding 31 December; and (b) has not transferred the fishing licence (abalone dive); and (c) lodges the application in accordance with section 77 of the Act within 12 months after the expiry of the licence that he or she currently holds. 8Rule 17 amended (Diving from vessel) Rule 17 of the Principal Rules is amended as follows: (a) by omitting from paragraph (a) "boat" and substituting "vessel"; (b) by omitting from paragraph (b) "boat" and substituting "vessel". 9Rule 21 amended (Possessing abalone in certain areas) Rule 21(2) of the Principal Rules is amended as follows: (a) by omitting "0" and substituting "3"; (b) by omitting from paragraph (b)(ii) "USL." and substituting "USL; or"; (c) by inserting the following paragraph after paragraph (b) : (c) the person is in State waters that are within 50 metres of an island. 10Rule 25 amended (Taking abalone in northern area) Rule 25 of the Principal Rules is amended as follows: (a) by omitting from subrule (2)(e) "boats" and substituting "vessels"; (b) by omitting from subrule (4)(e) "boats" and substituting "vessels"; (c) by omitting from subrule (6)(e) "boats" and substituting "vessels". 11Rule 26 rescinded Rule 26 of the Principal Rules is rescinded. 12Rule 28 amended (Taking abalone in Bass Strait area) Rule 28 of the Principal Rules is amended as follows: (a) by omitting from subrule (2)(e) "boats" and substituting "vessels"; (b) by omitting from subrule (4)(f) "boats" and substituting "vessels". 13Rule 29 amended (Mother boat requirements) Rule 29 of the Principal Rules is amended as follows: (a) by omitting from subrule (1)(c) "boats" and substituting "vessels"; (b) by omitting from subrule (2)(c) "boats" and substituting "vessels". 14Rule 30 amended (Completing certain fishing trips within certain area) Rule 30 of the Principal Rules is amended as follows: (a) by omitting from subrule (1)(d) "boats" and substituting "vessels"; (b) by omitting from subrule (2)(d) "boats" and substituting "vessels". 15Rule 34 amended (Marine farmer handling of broodstock) Rule 34(2)(a) of the Principal Rules is amended by omitting " Fisheries (Processing and Handling) Rules 2001 " and substituting " Fisheries (Processing and Handling) Rules 2010 ". 16Rule 35 amended (Cauf not to be used for abalone) The penalty under rule 35 of the Principal Rules is amended by omitting "2" and substituting "3". 17Rule 36 amended (Diving teams) Rule 36 of the Principal Rules is amended as follows: (a) by omitting subrule (3) and substituting the following subrule: (3)  If 2 people who each hold a fishing licence (abalone dive) form a dive team for a fishing trip, both licensees must – (a) participate in diving on the fishing trip; and (b) dive from the same vessel or auxiliary vessel whilst on the fishing trip; and (c) start and finish the fishing trip on the same vessel.

Penalty:  Grade 2 penalty.

(b) by omitting from the penalty under subrule (5) "3" and substituting "2". 18Rule 38 amended (Prior fishing report) The penalty under rule 38(4) of the Principal Rules is amended by omitting "3" and substituting "2". 19Rule 42 amended (Cancellation report) The penalty under rule 42(1) of the Principal Rules is amended by omitting "3" and substituting "2". 20Rule 43 amended (Post fishing report) The penalty under rule 43(1) of the Principal Rules is amended by omitting "3" and substituting "2". 21Rule 45 amended (Commercial abalone dive docket) Rule 45 of the Principal Rules is amended by omitting subrule (2) and substituting the following subrules: (2)  The holder of a fishing licence (abalone dive) must complete Part A of a commercial abalone dive docket – (a) if that licensee is returning from a fishing trip on a mother boat, within 6 hours after the mother boat arrives at the site of unloading where the licensee unloads or intends to unload the abalone from that mother boat; or (b) if that licensee is returning from a fishing trip on a boat that is not a mother boat, within 4 hours after the abalone are landed; or (c) within such longer period as a fisheries officer may authorise.

Penalty:  Grade 3 penalty.

(2A)  If an authorisation under subrule (2)(c) is given orally, the fisheries officer is to confirm that authorisation in writing to the licensee as soon as practicable after it is given. 22Rule 50 amended (Over-catch not more than 20%) Rule 50 of the Principal Rules is amended by inserting after subrule (12) the following subrule: (13)  If the holder of a fishing licence (abalone dive) is required to pay an amount to the Crown for excess abalone under subrule (9)(b) or subrule (10) , that amount must be paid within – (a) 30 days after the licence holder has been notified by the Secretary that the licence holder has excess abalone for that quota period; or (b) such greater period, if any, as the Secretary determines. 23Rule 51 amended (Over-catch more than 20%) Rule 51 of the Principal Rules is amended as follows: (a) by omitting the definition of excess abalone from subrule (1) and substituting the following definition: specified period means – (a) 30 days after the licence holder has been notified by the Secretary that the licence holder has excess abalone for that quota period; or (b) such greater period, if any, as the Secretary determines. (b) by inserting in subrule (3) ", within the specified period," after "she". 24Rule 51A insertedAfter rule 51 of the Principal Rules , the following rule is inserted in Part 4: 51AOver-catch more than 30% Nothing in rule 50 or 51 is to be taken as preventing any proceedings or actions from being taken against the holder of a fishing licence (abalone dive) in respect of an over-catch in excess of 30% of the licence holder’s quota limit. 25Rule 52 amended (Records by holders of fishing licence (abalone dive)) The penalty under rule 52 of the Principal Rules is amended by omitting "3" and substituting "2". 26Rule 53 amended (Unauthorised possession of docket book) The penalty under rule 53 of the Principal Rules is amended by omitting "2" and substituting "3". 27Schedule 1 amended (Infringement notice offences) Schedule 1 to the Principal Rules is amended by omitting the table and substituting:

Column 1 Item	Column 2 Provision of rules	Column 3 Penalty (penalty units)
1.	Rule 9(2)	10
2.	Rule 9(4)	10
3.	Rule 10	10
4.	Rule 11(4)	10
5.	Rule 11(5)	10
6.	Rule 13(1)	10
7.	Rule 13(2)	5
8.	Rule 16(1)	8
9.	Rule 17	8
10.	Rule 18(1)	5
11.	Rule 19(1)	8
12.	Rule 19(4)	6
13.	Rule 20(1)	10
14.	Rule 21(2)	10
15.	Rule 22	6
16.	Rule 23(1)	8
17.	Rule 23(2)	8
18.	Rule 23(3)	8
19.	Rule 24	5
20.	Rule 25(1)	8
21.	Rule 25(3)	8
22.	Rule 25(5)	8
23.	Rule 27(1)	8
24.	Rule 27(2)	8
25.	Rule 27(3)	8
26.	Rule 27(4)	8
27.	Rule 28(1)	8
28.	Rule 28(3)	8
29.	Rule 28(5)	8
30.	Rule 29(1)	8
31.	Rule 29(2)	8
32.	Rule 30(1)	8
33.	Rule 30(2)	8
34.	Rule 31(1)	8
35.	Rule 31(2)	8
36.	Rule 32(1)	8
37.	Rule 32(2)	8
38.	Rule 33(1)	8
39.	Rule 33(2)	8
40.	Rule 34(2)	6
41.	Rule 34(3)	6
42.	Rule 34(5)	6
43.	Rule 34(6)	6
44.	Rule 35	5
45.	Rule 36(3)	5
46.	Rule 36(4)	5
47.	Rule 36(5)	5
48.	Rule 36(6)	6
49.	Rule 38(1)	3
50.	Rule 38(2)	3
51.	Rule 38(3)	3
52.	Rule 38(4)	3
53.	Rule 38(5)	3
54.	Rule 40(1)	3
55.	Rule 40(2)	3
56.	Rule 41(1)	3
57.	Rule 41(2)	3
58.	Rule 42(1)	3
59.	Rule 43(1)	3
60.	Rule 44	3
61.	Rule 45(1)	7
62.	Rule 45(2)	7
63.	Rule 45(3)	7
64.	Rule 45(4)	4
65.	Rule 46(1)	4
66.	Rule 46(3)	4
67.	Rule 47	4
68.	Rule 48	4
69.	Rule 50(4)	7
70.	Rule 50(5)	4
71.	Rule 50(7)	7
72.	Rule 50(8)	7
73.	Rule 50(9)	7
74.	Rule 50(12)	8
75.	Rule 52	4
76.	Rule 53	8
77.	Rule 54	4

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

Notified in the Gazette on 16 July 2014

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

EXPLANATORY NOTE

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

(a) updating definitions; and (b) giving the Minister power to determine any part of the abalone fishery to be closed to, or in respect of, specified activities; and (c) providing that a fishing licence (abalone dive) may only be granted to certain existing licence holders; and (d) amending the time periods within which the holder of a fishing licence (abalone dive) must complete Part A of a commercial abalone dive docket; and (e) changing the penalties for certain offences; and (f) revising the schedule of infringement notice offences; and (g) making minor consequential and miscellaneous amendments.