Fisheries Amendment Rules 2002 (TAS)

Fisheries Amendment Rules 2002

I make the following rules under the Living Marine Resources Management Act 1995 .9 October 2002

BRYAN GREEN

Minister for Primary Industries, Water and Environment

1Short titleThese rules may be cited as the Fisheries Amendment Rules 2002 . 2CommencementThese rules take effect on the day on which their making is notified in the Gazette. 3Principal RulesIn these rules, the Fisheries Rules 1999 are referred to as the Principal Rules. 4Rule 3 amended (Interpretation) Rule 3(1) of the Principal Rules is amended by omitting " Fisheries (Penalty) Regulations 1996 " from the definition of Penalty Regulations and substituting " Fisheries Penalties Regulations 2001 ". 5Rule 22 amended (Nature of buoys) Rule 22(1)(b) of the Principal Rules is amended by omitting "20 centimetres" and substituting "19.5 centimetres". 6Rule 22A insertedAfter rule 22 of the Principal Rules , the following rule is inserted in Division 2: 22ANet mesh measurement (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the other 2 diagonally opposite knots are touching each other. 7Rule 40A substituted Rule 40A of the Principal Rules is rescinded and the following rule is substituted: 40ATaking shellfish for recreational purposes (1)  A person, unless otherwise authorised, must not take from State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.

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

Notified in the Gazette on 16 October 2002

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) amending the size of a buoy to be used with any fishing gear required to be marked with a buoy; and (b) providing for matters relating to the measurement of the mesh size of a net; and (c) providing for limits on taking certain shellfish.