Fisheries (Infringement Notices) Amendment Regulations (No. 2) 2006 (TAS)

Fisheries (Infringement Notices) Amendment Regulations (No. 2) 2006

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 .19 June 2006

W. J. E. COX

Governor

By His Excellency’s Command,

D. E. LLEWELLYN

Minister for Primary Industries and Water

1Short titleThese regulations may be cited as the Fisheries (Infringement Notices) Amendment Regulations (No. 2) 2006 . 2CommencementThese regulations take effect on the day on which their making is notified in the Gazette. 3Principal RegulationsIn these regulations, the Fisheries (Infringement Notices) Regulations 2001 are referred to as the Principal Regulations. 4Regulation 4 substituted Regulation 4 of the Principal Regulations is rescinded and the following regulation is substituted: 4Offences under Fisheries (General and Fees) Regulations 2006 (1)  The offences generally described in Column 2 of Schedule 2 under the respective regulations specified in Column 1 of that Schedule are prescribed as the offences under the Fisheries (General and Fees) Regulations 2006 in respect of which infringement notices may be issued. (2)  The penalties specified in Column 3 of Schedule 2 are prescribed as the penalties payable in respect of prescribed offences to which the respective infringement notices relate. 5Schedule 2 substituted Schedule 2 to the Principal Regulations is rescinded and the following Schedule is substituted: Schedule 2Offences under Fisheries (General and Fees) Regulations 2006

Regulation 4

Column 1	Column 2	Column 3
Regulation	General description of offence	Penalty units
4(1)	Person who does not hold fishing licence (abalone dive) taking undersize abalone	2
4(2)	Possessing undersize abalone unless holding prescribed licence or abalone bought or received from fish merchant	2
4(3)	Holder of fishing licence (abalone dive) taking or possessing undersize abalone	5
5	Taking or possessing undersize greenlip abalone	2
6(1)(a)	Holder of fish processing licence possessing undersize abalone (other than cultivated abalone)	3
6(1)(b)	Holder of fish processing licence possessing undersize greenlip abalone (other than cultivated abalone)	3
6(1)(c)	Holder of fish processing licence possessing abalone taken from State waters with smaller shell length than may legally be taken from those waters by holder of fishing licence (abalone dive)	3
6(3)	Holder of fish processing licence failing to ensure cultivated abalone is stored separately	3
7(1)	Holder of fishing licence (abalone dive) taking undersize abalone from waters within area A	5
7(2)	Holder of fishing licence (abalone dive) possessing undersize abalone in area A or on land within one kilometre of waters within area A, unless prescribed conditions exist	5
7(3)	Holder of fishing licence (abalone dive) taking undersize abalone from northern blacklip area other than Bass Strait area	5
7(4)	Holder of fishing licence (abalone dive) possessing undersize abalone in northern blacklip area other than Bass Strait area or on land within one kilometre of any waters within those waters, unless prescribed conditions exist	5
7(5)	Holder of fishing licence (abalone dive) possessing undersize abalone in waters of north-west area or on land within one kilometre of those waters	5
7(6)	Holder of fishing licence (abalone dive) taking undersize abalone from Couta Rocks area	5
7(7)	Holder of fishing licence (abalone dive) possessing undersize abalone in Couta Rocks area or on land within one kilometre of any waters within that area, unless prescribed conditions exist	5
7(8)	Holder of fishing licence (abalone dive) taking undersize abalone from waters of north-west area	5
7(9)	Holder of fishing licence (abalone dive) possessing undersize abalone in waters of east coast area or on land within one kilometre of those waters, unless prescribed conditions exist	5
7(10)	Holder of fishing licence (abalone dive) taking undersize abalone from waters of east coast area	5
7(11)	Holder of fishing licence (abalone dive) taking or possessing undersize greenlip abalone from or in King Island greenlip area or on land within one kilometre of any of those waters	5
7(12)	Holder of fishing licence (abalone dive) taking or possessing undersize greenlip abalone from or in waters other than those in Perkins Bay greenlip area	5
7(13)	Holder of fishing licence (abalone dive) taking or possessing undersize greenlip abalone from or in Perkins Bay greenlip area	5
7(14)	Taking or possessing undersize greenlip abalone from or in State waters other than waters in north coast greenlip area, without holding fishing licence (abalone dive)	5
7(15)	Taking undersize abalone in southern area	5
7(16)	Person not holding fishing licence (abalone dive) possessing undersize abalone in southern area or on land within one kilometre of any waters within that area, unless that person holds fish processing licence or abalone bought or received from fish merchant	5
8(1)	Taking or possessing undersize cultivated abalone unless holder of prescribed licence or otherwise authorised or abalone bought or received from fish merchant	2
8(2)	Taking or possessing undersize cultivated greenlip abalone unless holder of prescribed licence or otherwise authorised or abalone bought or received from fish merchant	2
14(1)	Taking or possessing keyhole or other prescribed kinds of limpet, unless Aborigine engaged in Aboriginal cultural activity	2
14(3)	Taking or possessing in State waters species of prescribed kinds	2
14(4)	Taking or possessing great white or other prescribed kinds of shark	2

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

Notified in the Gazette on 28 June 2006

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

EXPLANATORY NOTE

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

(a) prescribing the offences under the Fisheries (General and Fees) Regulations 2006 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 (General and Fees) Regulations 1996 .