Fisheries (Mackerel) Rules 2009 (TAS)

Fisheries (Mackerel) Rules 2009

I make the following rules under the Living Marine Resources Management Act 1995 .11 March 2009

D. E. LLEWELLYN

Minister for Primary Industries and Water

PART 1Preliminary1Short titleThese rules may be cited as the Fisheries (Mackerel) Rules 2009 . 2CommencementThese rules take effect on the day on which their making is notified in the Gazette. 3Interpretation (1)  In these rules – Act means the Living Marine Resources Management Act 1995 ; bycatch means all species of scalefish other than mackerel; Commonwealth authority means any licence, permit, right or other authority relating to a specific fishery granted under the Commonwealth Act; eastern mackerel zone means all State waters east of line of longitude 146o 30’ East; fishing trip means a trip undertaken for fishing, commencing on the departure from a port, port of landing or authorised mooring and ending on the return to a port, port of landing or authorised mooring; Grade 1 penalty means the penalty specified in regulation 5 of the Penalty Regulations; Grade 2 penalty means the penalty specified in regulation 6 of the Penalty Regulations; Grade 3 penalty means the penalty specified in regulation 7 of the Penalty Regulations; mackerel means – (a) fish of the genus Trachurus including – (i) Trachurus declivis (commonly known as common jack mackerel); and (ii) Trachurus murphyi (commonly known as Peruvian jack mackerel); and (iii) Trachurus novaezelandiae (commonly known as yellowtail scad); and (b) fish of the species Emmelichthys nitidus (commonly known as redbait); and (c) fish of the species Scomber australasicus (commonly known as blue mackerel); mackerel fishery means the activity of fishing for mackerel in State waters under the authority of a mackerel fishing licence; mackerel fishing licence means – (a) a fishing licence (mackerel A); or (b) a fishing licence (mackerel B); mackerel zone means the eastern mackerel zone or the western mackerel zone; market value – see rule 13 ; open season  – see rule 9 ; Penalty Regulations means the Fisheries Penalties Regulations 2001 ; purse seine net means an encircling net that – (a) is used from a fishing vessel; and (b) is pursed or drawn through rings into the shape of a bag; scalefish means the following fish: (a) fish of the superclass Agnatha; (b) fish of the order Amphioxiformes; (c) fish of the superclass Pisces; (d) fish of the superclass Tatrabranchiata; (e) molluscs of the orders Sepioidea and Teuthoidea; (f) crustaceans of the suborder Nantantia; shark refuge area – see subrule (2) ; western mackerel zone means all State waters west of line of longitude 146o 30’ East. (2)  In these rules, a reference to a shark refuge area by name is a reference to the shark refuge area so named in column 1 (and as described in column 2) of the table in Schedule 3 . (3)  Any expression in these rules which is not defined in subrule (1) but is defined in the Act has the meaning as so defined. 4Duration of rulesThese rules continue in force for a period of 10 years. 5Consultation arrangementsThe Minister is to consult with the appropriate fishing body in relation to the mackerel fishery about any changes relating to – (a) the areas where fishing may occur; and (b) any matter relating to the characteristics of fish; and (c) the opening and closing of the mackerel fishery; and (d) fishing apparatus; and (e) limits on taking and possessing fish. 6Classes of fishing licencesFor the purpose of these rules, a fishing licence is one of the following classes: (a) class mackerel – (i) fishing licence (mackerel A); or (ii) fishing licence (mackerel B); (b) class rock lobster, fishing licence (rock lobster). PART 2General Management of Fishery7Authority of mackerel fishing licences (1)  A fishing licence (mackerel A) only authorises the holder, in State waters – (a) to use the fishing vessel specified in the licence; and (b) to take mackerel not exceeding the quantity specified in the licence for a species of mackerel, a mackerel zone or a species of mackerel in relation to a mackerel zone; and (c) to take bycatch not exceeding the limits imposed by these rules. (2)  A fishing licence (mackerel B) only authorises the holder, in State waters – (a) to use the fishing vessel specified in the licence; and (b) to take mackerel of a species and from a mackerel zone specified in the licence during the open season; and (c) to take bycatch not exceeding the limits imposed by these rules. (3)  Subject to Part 3 , a mackerel fishing licence authorises the holder to use a purse seine net in State waters. 8Taking mackerelA person must not, in State waters, take or possess more than 100 kilograms of mackerel using a fishing vessel that exceeds 20 metres in length unless the person is the holder of a mackerel fishing licence, a fishing licence (rock lobster) or an appropriate Commonwealth authority.

Penalty:  Grade 2 penalty.

9Open season and closure of mackerel fishery (1)  The open season for the mackerel fishery that commenced on 1 September 2008 under the former rules continues, but ends on 30 June 2009. (2)  Unless determined otherwise under subrule (3) , the open season for the mackerel fishery for 2009 and each subsequent year is the period commencing on 1 July in the relevant year and ending on 30 June in the following year. (3)  The Minister, by notice published in the Gazette, may determine a closed season for all or part of the mackerel fishery in respect of a class of mackerel fishing licence, an area of State watersor a species of mackerel, and specify the dates of that closed season. (4)  The holder of a mackerel fishing licence must not take mackerel in contravention of a closed season determined by the Minister under subrule (3) .

Penalty:  Grade 3 penalty.

(5)  In this rule – former rules means the Fisheries (Mackerel) Rules 1999 . 10Licence amount not to be exceeded (1)  The holder of a mackerel fishing licence must not during a fishing trip or an open season take more mackerel than the amount specified in the licence for that fishing trip or open season.

Penalty:  In the case of –

(a) the relevant amount specified being exceeded by not more than 10 tonnes, Grade 1 penalty; or (b) the relevant amount specified being exceeded by more than 10 tonnes but not more than 20 tonnes, Grade 2 penalty; or (c) the relevant amount specified being exceeded by more than 20 tonnes, Grade 3 penalty. (2)  If  – (a) the Minister is satisfied that the holder of a mackerel fishing licence has committed an offence under subrule (1) but that the relevant amount specified in the licence has only been exceeded by not more than 20 tonnes of mackerel; and (b) the licence holder pays or agrees to pay an administrative penalty to the Crown – the Minister may accept such payment or agreement to pay and, if so, must waive or, if applicable, discontinue the proceedings for the offence. (3)  If the whole or any part of an amount that a person has agreed to pay under subrule (2) is not paid by such date or within such period as the person and the Minister have agreed for the purpose, the unpaid amount may be recovered in a court of competent jurisdiction as a debt due to the Crown. (4)  In this rule – administrative penalty means – (a) for an excess of not more than 10 tonnes of mackerel, an amount equal to their market value; and (b) for an excess of more than 10 tonnes but not more than 20 tonnes of mackerel, an amount equal to twice their market value. 11Bycatch limit for each fishing trip (1)  The holder of a mackerel fishing licence must not, in State waters, during any one fishing trip, take or be in possession of an amount of bycatch that weighs more than 10% of the total weight of mackerel taken by the licence holder during that fishing trip (the "authorised amount").

Penalty:  In the case of –

(a) the authorised amount being exceeded by not more than 2%, Grade 1 penalty; or (b) the authorised amount being exceeded by more than 2% but not more than 4%, Grade 2 penalty; or (c) the authorised amount being exceeded by more than 4%, Grade 3 penalty. (2)  If  – (a) the Minister is satisfied that the holder of a mackerel fishing licence has committed an offence under subrule (1) but that the authorised amount of bycatch has only been exceeded by not more than 4%; and (b) the licence holder pays or agrees to pay an administrative penalty to the Crown – the Minister may accept such payment or agreement to pay and, if so, must waive or, if applicable, discontinue the proceedings for the offence. (3)  If the whole or any part of an amount that a person has agreed to pay under subrule (2) is not paid by such date or within such period as the person and the Minister have agreed for the purpose, the unpaid amount may be recovered in a court of competent jurisdiction as a debt due to the Crown. (4)  In this rule – administrative penalty means – (a) for an excess of not more than 2%, an amount equal to the market value of the bycatch; and (b) for an excess of more than 2% but not more than 4%, an amount equal to twice the market value of the bycatch. 12Bycatch limit for each open season (1)  The holder of a mackerel fishing licence must not, in State waters, in any one open season in respect of any one licence, take or be in possession of an amount of bycatch that weighs more than 1% of the total weight of mackerel taken by the licence holder under that licence during that open season (the "authorised amount").

Penalty:  In the case of – 

(a) the authorised amount being exceeded by not more than 0.5%, Grade 1 penalty; or (b) the authorised amount being exceeded by more than 0.5%, Grade 3 penalty. (2)  If  – (a) the Minister is satisfied that the holder of a mackerel fishing licence has committed an offence under subrule (1) but that the authorised amount of bycatch has only been exceeded by not more than 0.5%; and (b) the licence holder pays or agrees to pay an administrative penalty to the Crown – the Minister may accept such payment or agreement to pay and, if so, must waive or, if applicable, discontinue the proceedings for the offence. (3)  If the whole or any part of an amount that a person has agreed to pay under subrule (2) is not paid by such date or within such period as the person and the Minister have agreed for the purpose, the unpaid amount may be recovered in a court of competent jurisdiction as a debt due to the Crown. (4)  In this rule – administrative penalty means an amount equal to twice the market value of the bycatch. 13Determination of market value (1)  The Secretary may, from time to time, after consultation with the relevant fishing body – (a) determine the market value of mackerel; and (b) determine the market value of bycatch; and (c) publish the determination in the Gazette. (2)  A determination under subrule (1) has effect from the date on which the notice is published until the determination is revoked or a further determination is made under subrule (1) . PART 3Purse Seine Net Restrictions14Restriction on use of purse seine nets in certain watersThe holder of a mackerel fishing licence, acting under the authority of that licence, must not set or use a purse seine net in any of the following waters: (a) Ansons Bay; (b) Forth River upstream of an imaginary straight line from The Esplanade west to its intersection with Boys Street across the mouth of the river to the eastern shore of the river and including those waters within 200 metres to seaward of that line; (c) King Bay, Moulting Lagoon, Pelican Bay, Great Swanport and the waters enclosed north of an imaginary straight line extending from Point Bagot to the first point of land due east of Point Bagot; (d) River Leven upstream of an imaginary straight line between the most seaward extremities of the breakwaters located on each side of the river mouth, including those waters within 100 metres to seaward of that line; (e) River Mersey and its tributaries upstream of an imaginary straight line from the seaward extremity of the breakwater located on the western side of the river mouth to the first beacon located on the eastern side of the river mouth, including those waters within 100 metres to seaward of that line; (f) River Tamar downstream of an imaginary straight line from the northern extremity of Garden Island to the George Town Monument; (g) the waters in the north-west region specified in Part 1 of Schedule 1 ; (h) the waters in the north-east region specified in Part 2 of Schedule 1 ; (i) the waters in the southern region specified in Part 3 of Schedule 1 ; (j) the waters specified in items 1 to 7 of Schedule 2 .

Penalty:  Grade 2 penalty.

15Restriction for vessels from 25 to 35 metres in length (1)  The holder of a mackerel fishing licence must not take fish using a purse seine net from a fishing vessel that is equal to or greater than 25 metres, but less than or equal to 35 metres, in length in any of the waters specified in items 1 to 10 of Schedule 2 .

Penalty:  Grade 3 penalty.

(2)  Despite subrule (1) , the holder of a mackerel fishing licence may take fish using a purse seine net from a fishing vessel of a length referred to in that subrule in the waters specified in items 8 to 10 of Schedule 2 if the licence is endorsed to that effect. 16Restriction for vessels over 35 metres in length (1)  The holder of a mackerel fishing licence must not, in State waters, take fish using a purse seine net from a fishing vessel that exceeds 35 metres in length.

Penalty:  Grade 3 penalty.

(2)  Despite subrule (1) , the holder of a mackerel fishing licence may take fish in State waters using a purse seine net from a fishing vessel that exceeds 35 metres in length if the licence is endorsed to that effect. (3)  An endorsement under subrule (2) may not, however, be made in respect of any of the waters specified in rule 14 . Schedule 1Restricted Waters for Purse Seine Nets

Rule 14

PART 1North-west region

1.	Arthur River, upstream from an imaginary straight line from Gardiner Point north to the opposite shore
2.	Black River, upstream from the mouth where the river enters Bass Strait between Peggs Beach and Black River Beach and including those waters within 100 metres to seaward of that mouth
3.	The Blowhole, King Island, within 300 metres of The Blowhole on the east coast of King Island between Naracoopa and the Sea Elephant River
4.	Blythe River and its tributaries, upstream from the mouth and including those waters within 100 metres of the seaward extremity of the rocks on the eastern shore at the mouth
5.	Cam River, upstream from the mouth and including those waters within 300 metres to seaward of the road bridge
6.	Currie Harbour, enclosed by an imaginary straight line from the tip of the westernmost breakwater at the south-western end of Currie Harbour to the north-western extremity of Currie Harbour, known as Devils Gap
7.	Detention River, including the waters of Pebbly Bay, upstream from the mouth where the river enters Bass Strait between Hellyer Beach and Forwards Beach and including those waters within 100 metres to seaward of that mouth
8.	Don River, upstream from an imaginary straight line from Don Heads in the west to the gun club building on the eastern shore and including those waters within 100 metres to seaward of this line
9.	Duck Bay, near Smithton, enclosed by an imaginary straight line from Kingston Point to Eagle Point, and east and south of the channel between Perkins Island and the Tasmanian mainland, known as The Jam
10.	East Inlet and West Inlet, near Stanley, enclosed by an imaginary straight line from the northern extremity of Black River Beach to the eastern extremity of Anthony Beach
11.	Emu River and its tributaries, upstream from the mouth and including those waters within 200 metres to seaward of the road bridge
12.	Grassy Harbour, enclosed by an imaginary straight line from the end of the jetty at Jetty Point to Sandblow Point
13.	Henty River, within 100 metres to seaward of the mouth of the river
14.	Hibbs Lagoon, from the mouth of that lagoon
15.	Inglis River, upstream of an imaginary straight line from the seaward extremity of the breakwater on the northern shore of the river to the seaward extremity of the breakwater on the southern side of the river, including those waters within 100 metres of that line
16.	Macquarie Harbour, south and east of an imaginary straight line from Gordon Point to Charcoal Burners Bluff
17.	Mosquito Inlet, from the northern extremity of Black Banks to Egging Point and west to the shore of Robbins Island
18.	Pieman River, upstream from an imaginary straight line through Pieman Head along line of longitude 144º 55’ East
19.	Sea Elephant River, from the mouth of that river on King Island
20.	Stanley, west of an imaginary straight line from the northern extremity of Black River Beach to a point 500 metres off the shore of the town of Stanley, at the line of longitude of the western face of the western wave wall of the Fishermans Dock, and within 500 metres of the shore in a general easterly direction and then following the shore to the line of latitude at the eastern extremity of Godfreys Beach
21.	Sulphur Creek, upstream from the railway bridge

PART 2North-east region

1.	Boobyalla Inlet, upstream from an imaginary straight line from Campbells Point east to the opposite shore on the Tasmanian mainland
2.	Brid River and waters south of an imaginary straight line from the eastern extremity of Barnbougle Beach to the boat ramp at the southern end of Old Pier Beach and the old wharf piles
3.	Cameron Inlet on Flinders Island, upstream from an imaginary straight line from the north-western tip of Planter Beach west to the opposite shore
4.	Douglas River, north of Bicheno
5.	Four Mile Creek, near St Patricks Head
6.	Little Musselroe River
7.	Musselroe Bay, upstream from an imaginary straight line from the point known as Ryans Arm at line of longitude 148° 9’ 8” East north to the opposite shore
8.	North East River and Arthurs Creek, upstream from an imaginary straight line from the eastern extremity of Holloway Point south to the northern extremity of Foochow Beach
9.	Pipers River, from the mouth of that river
10.	River Tamar, upstream from an imaginary straight line from Point Rapid to Sheeptail Point
11.	Saltwater Inlet
12.	Scamander River
13.	Tomahawk River, upstream from an imaginary straight line from the eastern extremity of the northern arm of the river entrance south to Tomahawk Beach
14.	Doctors Creek, north of the Douglas River and Bicheno

PART 3Southern region

1.	Arch Island in D’Entrecasteaux Channel, within 100 metres of the low-water mark of any land comprising Arch Island (also known as Arch Rock)
2.	Bream Creek
3.	Browns River and waters inshore and west of an imaginary straight line from Bonnet Point to Soldiers Rocks at Blackmans Bay and Kingston
4.	Buxton River, upstream from an imaginary straight line from the south-eastern extremity of Horrels Point to Penquite Point
5.	Carlton River, upstream from an imaginary straight line from the western extremity of Carlton Bluff to the Carlton Beach Surf Lifesaving Club building on the opposite shore
6.	Catamaran River, upstream from the mouth and including those waters within 200 metres to seaward of the mouth
7.	Coal River, north of the causeway across the western arm of Pitt Water
8.	D’Entrecasteaux River, upstream from an imaginary straight line eastwards from the intersection of the Cockle Creek Road and the Leprena Track to the eastern side of the river at the northern extremity of Coal Pit Bight
9.	Esperance River, upstream from an imaginary straight line between Slacks Point and Hawkers Point
10.	Huon River, upstream from the line of latitude from the navigation light on Brabazon Point to the western side of the river
11.	The following lagoons:
(a) Blackswan Lagoon, upstream from an imaginary straight line from the southern extremity of Little Lagoon Beach west to the other shore
(b) Bryans Lagoon, from the mouth of that lagoon
(c) Cloudy Bay Lagoon on Bruny Island, upstream from an imaginary straight line from the south-western extremity of the spit at the western end of Cloudy Beaches west to the opposite shore
(d) Earlham Lagoon, from the mouth of that lagoon
(e) Freshwater Lagoon, from the mouth of that lagoon
(f) New River Lagoon, from the mouth of that lagoon
(g) Okehampton Lagoon, from the mouth of that lagoon
(h) Saltwater Lagoon, from the mouth of that lagoon
(i) Southport Lagoon, from the mouth of that lagoon
(j) Troyheleener Lagoon, upstream from the Tasman Highway (A3) road bridge
12.	Lisdillon River and Lisdillon Lagoon, upstream from an imaginary straight line from the southern extremity of Lisdillon Beach west to the opposite shore
13.	Little Swanport Estuary and Little Swanport River, upstream from an imaginary straight line north from Limekiln Point to the opposite shore
14.	Lune River, upstream from line of latitude 43º 26’ 50” South across the channel between Hastings Bay and Bream Bay in the north and Major Honnors Bay and Jagers Bay in the south
15.	Mayfield River
16.	Meredith River, north of Swansea
17.	North West Bay River, upstream from an imaginary straight line across North-West Bay from the boat ramp at Dru Point to the western extremity of Stinkpot Bay
18.	Patersons Arch, within 200 metres of the lookout on the point west of Patersons Arch on the Tasman Peninsula
19.	Pipe Clay Lagoon
20.	Pitt Water
21.	Prosser River
22.	Waterfall Bay, within 200 metres of the low-water mark of the shore from the main waterfall in Waterfall Bay east to the southern extremity of Waterfall Bluff

Schedule 2Restricted waters for use of purse seine nets with certain vessels

Rules 14 and 15

1.	Adventure Bay – all waters enclosed west of an imaginary straight line extending from the southernmost extent of Cape Queen Elizabeth to the northernmost extent of Grass Point
2.	Hippolyte Rocks – all waters within a radius of one nautical mile of the rocks
3.	Port Arthur – all waters enclosed north of an imaginary straight line extending from the easternmost extent of West Arthur Head to the southernmost extent of Budget Head
4.	Port Davey including Bathurst Harbour – all waters enclosed inshore (northeast) of an imaginary straight line extending from the easternmost extent of North Head to the westernmost extent of Hilliard Head
5.	Recherche Bay – all waters west of an imaginary straight line extending from Sullivan Point to the navigation light on Fishers Point
6.	Wineglass Bay – all waters enclosed west of an imaginary straight line starting at the intersection of line of latitude 42o 8’ 58.64 South with line of longitude 148o 19’ 25.72 East and running approximately south to the intersection of line of latitude 42o 10’ 9.67 South with line of longitude 148o 18’ 55.61 East
7.	The following shark refuge areas:
(a) Blackman Bay
(b) D’Entrecasteaux Channel
(c) Frederick Henry Bay and Norfolk Bay
(d) Georges Bay
(e) Great Oyster Bay
(f) Pitt Water
(g) Port Sorell
(h) River Derwent
(i) River Tamar
8.	The following shark refuge areas:
(a) East Coast waters
(b) Mercury Passage
9.	Storm Bay – all waters north of an imaginary straight line extending from the easternmost extent of One Tree Point to the southernmost extent of Outer North Head
10.	All waters inshore of an imaginary straight line extending from Cape Boullanger to Cape Faure

Schedule 3Shark Refuge Areas Defined

Rule 3

Shark refuge area	Description of area
Blackman Bay	The waters within the area bounded –
(a) in the west by the western entrance of the Denison Canal; and
(b) in the east by an imaginary straight line from the southern extreme of Long Spit due east to the opposite shore of Little Chinaman Bay
D’Entrecasteaux Channel	The waters within the area bounded –
(a) in the south by an imaginary straight line from Scott Point (situated at the entrance of Port Esperance) to the northern point of Partridge Island and line of longitude 147º 5’ 54” East between the southernmost point of Partridge Island and Labillardiere Peninsula on Bruny Island; and
(b) in the north by an imaginary straight line from Dennes Point on Bruny Island to Piersons Point situated on the western shore of the River Derwent
East Coast waters	The waters within 3 nautical miles of any part of the east coast of the State between Seaford Point and an imaginary straight line from Cape Bougainville to Cape Boullanger on Maria Island
Frederick Henry Bay and Norfolk Bay	The waters within –
(a) an imaginary straight line between North West Head and Cape Contrariety; and
(b) Pitt Water and Pipe Clay Lagoon
apart from the waters in Eaglehawk Bay bounded in the west by an imaginary straight line from Sympathy Point to Heather Point
Georges Bay	The waters enclosed west of an imaginary straight line between Grants Point and St Helens Point
Great Oyster Bay	The waters enclosed north of an imaginary straight line from Weatherhead Point on Freycinet Peninsula to Seaford Point
Mercury Passage	The waters bounded in the north by an imaginary straight line from Cape Bougainville to Cape Boullanger and in the south by an imaginary straight line from Cape Peron to Cape Bernier
Pitt Water	The waters upstream of an imaginary straight line from Sandy Point to Tiger Head
Port Sorell	The waters upstream of an imaginary straight line from Griffiths Point in the east to Taroona Point in the west at the southern extremity of Hawley Beach
River Derwent	The waters upstream of an imaginary straight line from Dennes Point to Cape Direction
River Tamar	The waters upstream of an imaginary straight line from Low Head to West Head

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

Notified in the Gazette on 1 April 2009

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

EXPLANATORY NOTE

(This note is not part of the rule) These rules provide for –

(a) the management of the mackerel fishery in State waters; and (b) licences for that fishery; and (c) bycatch limits, purse seine net usage restrictions and other controls relating to that fishery.