Fisheries (Infringement Notices) Amendment Regulations 2009 (TAS)

Fisheries (Infringement Notices) Amendment Regulations 2009

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Living Marine Resources Management Act 1995 .30 November 2009

PETER G. UNDERWOOD

Governor

By His Excellency’s Command,

D. E. LLEWELLYN

Minister for Primary Industries and Water

PART 1Preliminary1Short titleThese regulations may be cited as the Fisheries (Infringement Notices) Amendment Regulations 2009 . 2Commencement (1)  Except as provided by this regulation, these regulations take effect on the day on which their making is notified in the Gazette. (2)  Part 3 takes effect on 31 December 2009. PART 2Fisheries (Infringement Notices) Regulations 2001 Amended3Principal RegulationsIn this Part, the Fisheries (Infringement Notices) Regulations 2001 are referred to as the Principal Regulations. 4Regulation 5 amended (Offences under Fisheries Rules 2009) Regulation 5(1) of the Principal Regulations is amended by omitting " Fisheries Rules 1999 " and substituting " Fisheries Rules 2009 ". 5Schedule 3 substituted Schedule 3 to the Principal Regulations is rescinded and the following Schedule is substituted: Schedule 3Offences under Fisheries Rules 2009

Regulation 5

Column 1	Column 2	Column 3
Rule	General description of offence	Penalty units
8(1)	Using, for commercial purposes, unlicensed vessel for fishing or carrying fish	4
9(1)	Taking fish for sale without prescribed licence	4
9(3)	Person other than holder of fishing licence (personal) supervising prescribed fishing licence or selling fish taken under authority of prescribed permit	4
13(2)	Taking fish during closed season	4
13(3)	Buying, selling or possessing fish during closed season	3
14(a)	Taking fish in Taroona waters by diving or swimming	5
14(b)	Possessing abalone or rock lobster in Taroona waters	5
15(1)	Taking or possessing fish or marine plant from marine nature reserve	5
16(1)(a)	Failing to obtain receipt as prescribed when acquiring fish for sale or resale from fish merchant	2
16(1)(b)	Failing to keep receipt on premises	1
16(1)(c)	Failing to retain receipt in good condition for 5 years	1
16(1)(d)	Failing to produce receipt when required by fisheries officer	1
16(4)	Possessing fish for sale or resale without authorisation or receipt	2
17(1)	Fish merchant failing to supply receipt in prescribed circumstances	2
17(2)(a)	Fish merchant failing to retain copy of receipt in good condition for 5 years	1
17(2)(b)	Fish merchant failing to produce copy of receipt when required by fisheries officer	2
18(4)	Holder of fishing licence (vessel) failing to display or paint distinguishing mark on vessel or auxiliary boat as prescribed	1
19(1)	Holder of fishing licence (vessel) using more than 2 auxiliary boats from vessel specified in licence	2
19(2)	Holder of fishing licence (vessel) failing to display letter "D" on auxiliary boat as prescribed	1
21(1)	Setting or using certain apparatus with buoy not meeting prescribed requirements	1
21(2)	Holder of an authorisation possessing device to conceal buoy without authorisation	2
24	Operating a vessel with length that does not conform with vessel category on licence without authorisation	4
26	Supervising more than one fishing licence (vessel) at same time	4
28(2)	Supervisor of fishing licence (vessel) failing to comply with instructions and failing to fit, retain and operate automatic location communicator as prescribed	3
29	Supervisor of fishing licence (vessel) failing to nominate base port within prescribed time	1
30(1)	Supervisor of fishing licence (vessel) directed to fit an automatic location communicator failing to comply with prescribed requirements relating to means of communication with vessel	2
30(2)	Supervisor of fishing licence (vessel) to which automatic location communicator fitted failing to comply with prescribed requirements relating to alternative means of communication with vessel	2
30(4)	Prescribed person failing to immediately advise holder or supervisor of fishing licence (vessel) that automatic location communicator not operating	2
32(2)	Supervisor of fishing licence (vessel) failing to comply with prescribed requirements when automatic location communicator ceases to operate	3
34(2)	Supervisor of fishing licence (vessel) operating fishing vessel with automatic location communicator in area to be kept clear of	4
35	Setting scallop spat collectors or taking or possessing scallop spat unless prescribed exception applies	4
37(1)	Selling or giving scallop spat to person other than holder of prescribed marine farming licence	4
37(2)	Buying or receiving scallop spat from person who does not hold prescribed licence	4
38	Setting muscle spat collectors or taking or possessing muscle spat unless prescribed exemption applies	4
40(1)	Selling or giving muscle spat to person other than holder of marine farming licence	4
40(2)	Buying or receiving muscle spat from person who does not hold prescribed licence	4
41(1)	Taking more than 100 kilograms of octopus during a trip or possessing more than 100 kilograms of octopus	2
41(2)	Taking or possessing more than 5 octopuses in prescribed areas in any one day without prescribed licence	2
42	Taking native marine plant without prescribed licence	1
43(1)	Taking Undaria without prescribed licence	2
43(3)	Taking Undaria on behalf of holder of licence without approval of Secretary	2
43(4)	Holder of fishing licence (Undaria) failing to notify Secretary within prescribed time that approved person no longer employed	2
46(a)	Holder of fishing licence (marine plant) taking species or kind of native marine plant not specified in licence	2
46(b)	Holder of fishing licence (marine plant) taking native marine plant in period, area or quantity not specified in licence	2
46(c)	Holder of fishing licence (marine plant) taking native marine plant by method not specified in licence	2
47(a)	Holder of fishing licence (Undaria) taking marine plant other than Undaria under licence	2
47(b)	Holder of fishing licence (Undaria) taking Undaria in period, area or quantity not specified in licence	2
47(c)	Holder of fishing licence (Undaria) taking Undaria or causing Undaria to be taken by method not specified in licence	2
47(d)	Holder of fishing licence (Undaria) directing or permitting person not approved to take Undaria under licence	2
48(1)	Knowingly placing or releasing Undaria likely to result in its spreading	2
48(2)	Returning Undaria to State waters once it has been removed	2

PART 3Fisheries (Infringement Notices) Regulations 2001 Further Amended6Principal RegulationsIn this Part, the Fisheries (Infringement Notices) Regulations 2001 are referred to as the Principal Regulations. 7Regulation 6 rescinded Regulation 6 of the Principal Regulations is rescinded. 8Schedule 4 rescinded Schedule 4 to the Principal Regulations is rescinded.

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

Notified in the Gazette on 1 December 2009

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

EXPLANATORY NOTE

(This note is not part of the regulation) These regulations amend the

(a) prescribing the offences under the Fisheries Rules 2009 for which infringement notices may be issued; and (b) prescribing the penalties payable for those offences; and (c) removing the infringement notice offences and penalties relating to the superseded Fisheries Rules 1999 and the superseded Fisheries (Abalone) Rules 2000 .