Fisheries (Processing and Handling) Rules 2001
I make the following rules under the Living Marine Resources Management Act 1995 .20 February 2001
D. E. LLEWELLYN
Minister for Primary Industries, Water and Environment
PART 1Preliminary1Short titleThese rules may be cited as the Fisheries (Processing and Handling) Rules 2001 . 2CommencementThese rules take effect on 1 March 2001. 3Interpretation (1) In these rules – abalone means fish of the genus Haliotis; Act means the Living Marine Resources Management Act 1995 ; approved means approved by the Secretary; cancellation report means a report made to a reporting service by approved means containing approved information; commercial abalone dive docket means a docket relating to abalone quota that is part of records required to be kept under the Act; commercial giant crab quota docket means a docket relating to giant crab quota that is part of records required to be kept under the Act; commercial rock lobster quota docket means a docket relating to rock lobster quota that is part of records required to be kept under the Act; dispatch report means a report made to a reporting service by approved means containing approved information; export means transportation beyond the limits of State waters; fish cauf means fishing gear used in State waters for holding fish; fish dispatch docket means a docket relating to the movement of abalone, rock lobster or giant crab that is part of records required to be kept under the Act; fish processing licence means a fish processing licence in force under Part 4 of the Act; fish receipt docket means a docket relating to the receipt of abalone, rock lobster or giant crab that is part of records required to be kept under the Act; giant crab means crab of the species Pseudocarcinus gigas; 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; holder, in relation to a licence, includes a person authorised as a supervisor in respect of the licence; holding tank means a tank on land or on or in a jetty or other structure attached to land used to hold abalone, giant crab or rock lobster; immediate proximity means – (a) within a distance of 100 metres; or (b) within a greater distance as specified under rule 68(3) of the Fisheries (Rock Lobster and Giant Crab) Rules 2001 ; landed, in relation to abalone, rock lobster or giant crab, means when any abalone, rock lobster or giant crab or any abalone container, rock lobster container or giant crab container – (a) is taken ashore; or (b) makes contact with an artificial extension of land after the abalone, rock lobster or giant crab has been taken; licence means – (a) a fish processing licence; or (b) a handling licence; movement report means a report made to a reporting service by approved means containing approved information; Penalty Regulations means the Fisheries (Penalty) Regulations 1996 ; place, for the purpose of rule 7 , means any building or structure, whether permanent or temporary; prior movement report means a report made to a reporting service by approved means containing approved information; processing premises means a place, vessel or vehicle in respect of which a fish processing licence is in force; receipt report means a report made to a reporting service by approved means containing approved information; reporting service means a reporting service approved under rule 10 ; rock lobster means rock lobster of the genus Jasus; sale includes disposal for commercial purposes; site of unloading means the first point where any abalone, giant crab or rock lobster or container of abalone, giant crab or rock lobster are unloaded or make contact with an artificial extension of land; unit of weight includes – (a) a bin, crate or other container capable of being used to transport or move fish; or (b) a collection of bins, crates or other containers capable of being used to transport or move fish; weighing instrument means a measuring instrument as defined in the Trade Measurement Act 1999 used for weighing. (2) An expression in these rules which is not defined in subrule (1) but is defined in the Act has the meaning as so defined. 4Application of rulesThese rules apply to the processing and handling of abalone, rock lobster and giant crab. 5Duration of rulesThese rules continue in force until 31 December 2004. 6Classes of fishing licencesFor the purpose of these rules, a fishing licence is one of the following classes: (a) class giant crab, fishing licence (giant crab); (b) class rock lobster, fishing licence (rock lobster); (c) class abalone, fishing licence (abalone dive). PART 2Possession and transportation7Possession in certain places (1) The holder of a fish processing licence must not have possession of abalone for commercial purposes at a place unless the licence specifies that – (a) abalone may be processed at that place; or (b) abalone may be stored at that place. Penalty: Fine not exceeding the applicable Grade 3 penalty.
(2) The holder of a fish processing licence must not have possession of rock lobster for commercial purposes at a place unless the licence specifies that – (a) rock lobster may be processed at that place; or (b) rock lobster may be stored at that place. Penalty: Fine not exceeding the applicable Grade 3 penalty.
(3) The holder of a fish processing licence must not have possession of giant crab for commercial purposes at a place unless the licence specifies that – (a) giant crab may be processed at that place; or (b) giant crab may be stored at that place. Penalty: Fine not exceeding the applicable Grade 3 penalty.
8Transporting to specified places (1) The holder of a fish processing licence must not cause or permit abalone to be transported to a place for the purpose of holding or storing unless the licence specifies that abalone may be held or stored at that place.Penalty: Fine not exceeding the applicable Grade 3 penalty.
(2) The holder of a fish processing licence must not cause or permit rock lobster to be transported to a place for the purpose of holding or storing unless the licence specifies that rock lobster may be held or stored at that place.Penalty: Fine not exceeding the applicable Grade 3 penalty.
(3) The holder of a fish processing licence must not cause or permit giant crab to be transported to a place for the purpose of holding or storing unless the licence specifies that giant crab may be held or stored at that place.Penalty: Fine not exceeding the applicable Grade 3 penalty.
9Transporting after taking possession (1) The holder of a fish processing licence who takes possession of abalone for commercial purposes from the holder of a fishing licence (abalone dive) must not cause or permit that abalone to be transported from the place where he or she took possession to a place other than a place specified on the licence to be a place where abalone may be processed or stored.Penalty: Fine not exceeding the applicable Grade 3 penalty.
(2) The holder of a fish processing licence who takes possession of rock lobster for commercial purposes from the holder of a fishing licence (rock lobster) must not cause or permit that rock lobster to be transported from the place where he or she took possession to a place other than a place specified on the licence to be a place where rock lobster may be processed or stored.Penalty: Fine not exceeding the applicable Grade 3 penalty.
(3) The holder of a fish processing licence who takes possession of giant crab for commercial purposes from the holder of a fishing licence (giant crab), must not cause or permit that giant crab to be transported from the place where he or she took possession to a place other than a place specified on the licence to be a place where giant crab can be processed or stored.Penalty: Fine not exceeding the applicable Grade 3 penalty.
(4) This rule does not apply to any abalone, rock lobster or giant crab transported to processing premises specified on the licence of another holder of a fish processing licence when sold to, or for the purpose of sale to, or otherwise provided for the use or benefit of, that other holder of a fish processing licence. (5) This rule does not apply to any abalone, rock lobster or giant crab taken possession of by the holder of a fish processing licence at processing premises specified on the fish processing licence. PART 3ReportingDivision 1Reports10Reporting serviceThe Secretary may approve a service as a reporting service that may receive reports under these rules. 11Reporting informationThe Secretary may approve – (a) the means by which a report required under this Division is to be made; and (b) the information required in such a report. 12Movement report (1) The holder of a fish processing licence who takes possession of abalone within the immediate proximity of the site of unloading must make, or cause to be made, a movement report to the reporting service in respect of the movement or transport of the abalone – (a) before the abalone is moved from the immediate proximity of the site of unloading; or (b) if there is no reasonable opportunity to make the movement report before the movement, at the first reasonable opportunity to do so but, in any case, at least 15 minutes before the abalone enters the immediate proximity of any processing premises. Penalty: Fine not exceeding the applicable Grade 3 penalty.
(2) The holder of a fish processing licence who takes possession of abalone from the holder of a fishing licence (abalone dive) at a place other than the immediate proximity of the site of unloading or the immediate proximity of processing premises specified on the holder’s licence must make, or cause to be made, a movement report to the reporting service in respect of the movement or transport of the abalone – (a) before the abalone is moved from the immediate proximity of the place where the holder took possession; or (b) if there is no reasonable opportunity to make the movement report before the movement, at the first reasonable opportunity to do so but, in any case, at least 15 minutes before the abalone enters the immediate proximity of any processing premises. Penalty: Fine not exceeding the applicable Grade 3 penalty.
(3) The holder of a fish processing licence or handling licence who takes possession of rock lobster within the immediate proximity of the site of unloading must make, or cause to be made, a movement report to the reporting service in respect of the movement or transport of the rock lobster – (a) before the rock lobster is moved from the immediate proximity of the site of unloading; or (b) if there is no reasonable opportunity to make the movement report before that movement, at the first reasonable opportunity to do so but, in any case, at least 15 minutes before the rock lobster enters the immediate proximity of any processing premises. Penalty: Fine not exceeding the applicable Grade 3 penalty.
(4) The holder of a fish processing licence or handling licence who takes possession of giant crab within the immediate proximity of the site unloading must make, or cause to be made, a movement report to the reporting service in respect of the movement or transport of the giant crab – (a) before the giant crab is moved from the immediate proximity of the site of unloading; or (b) if there is no reasonable opportunity to make the movement report before that movement, at the first reasonable opportunity to do so but, in any case, at least 15 minutes before the giant crab enters the immediate proximity of any processing premises. Penalty: Fine not exceeding the applicable Grade 3 penalty.
(5) In determining what is the first reasonable opportunity, the following is to be taken into account: (a) the location of the site of unloading; (b) the ability to communicate the information. (6) The holder of a licence required to make a movement report must not move or transport any abalone, rock lobster or giant crab – (a) from the immediate proximity of the site of unloading; or (b) in the case of abalone taken possession of under subrule (2) , from the immediate proximity of the place where the holder took possession – unless a movement report has been made or there is no reasonable opportunity to make the movement report before that movement.Penalty: Fine not exceeding the applicable Grade 3 penalty.
(7) The holder of a licence is not required to make a movement report if – (a) the processing premises to which the abalone, rock lobster or giant crab is to be moved or transported are within the immediate proximity of the site of unloading; or (b) the holder is the holder of a handling licence and does not move or transport the rock lobster or giant crab beyond the immediate proximity of the site of unloading before making a dispatch report. 13Requirement to weigh and record weight (1) The holder of a licence required to make a movement report must weight with a weighing instrument any abalone, rock lobster or giant crab at the site of unloading before moving or transporting the abalone, rock lobster or giant crab.Penalty: Fine not exceeding the applicable Grade 3 penalty.
(2) The holder of a licence who makes a prior movement report under rule 14 must weigh with a weighing instrument and in accordance with subrule (3) any abalone, rock lobster or giant crab within the immediate proximity of the site of unloading but before that abalone, rock lobster or giant crab enters any place capable of being fully enclosed within the processing premises.Penalty: Fine not exceeding the applicable Grade 3 penalty.
(3) Abalone, rock lobster or giant crab are to be weighed as follows: (a) the weight is to be recorded on an approved form before the abalone, rock lobster or giant crab enters any place capable of being fully enclosed within the processing premises; (b) the abalone, rock lobster or giant crab that make up a unit of weight as recorded on the approved form must be – (i) clearly identified with a number or letter so as to allow identification of the unit of weight as recorded on the approved form; and (ii) kept as that unit of weight until a receipt report is made. 14Prior movement reportThe holder of a licence must make, or cause to be made, a prior movement report to the reporting service 30 minutes before any abalone, rock lobster or giant crab is moved from the site of unloading if the holder is not required to make a movement report under rule 12 .Penalty: Fine not exceeding the applicable Grade 3 penalty.
15Receipt report (1) The holder of a fish processing licence must make a receipt report to the reporting service within 15 minutes after receiving any abalone, rock lobster or giant crab within the immediate proximity of a processing premises.Penalty: Fine not exceeding the applicable Grade 3 penalty.
(2) The holder of a handling licence must make a receipt report to the reporting service within 15 minutes after receiving any rock lobster or giant crab that is to be put in a fish cauf or holding tank or stored at a place specified, as a condition on the licence, to be a place where rock lobster or giant crab can be stored.Penalty: Fine not exceeding the applicable Grade 3 penalty.
(3) The holder of a fish processing licence must not process or put any abalone, rock lobster or giant crab in a fish cauf or holding tank unless a receipt report relevant to the abalone, rock lobster or giant crab has been made.Penalty: Fine not exceeding the applicable Grade 3 penalty.
(4) The holder of a handling licence must not put any rock lobster or giant crab in a fish cauf or holding tank unless a receipt report relevant to the abalone, rock lobster or giant crab has been made.Penalty: Fine not exceeding the applicable Grade 3 penalty.
(5) The time at which any abalone, rock lobster or giant crab is received for the purpose of this rule is – (a) in respect of processing premises not within the immediate proximity of the site of unloading, 30 minutes from the time the abalone, rock lobster or giant crab being delivered to the processing premises enters the immediate proximity of the processing premises; or (b) in respect of the delivery of abalone, rock lobster or giant crab to processing premises within the immediate proximity of the site of unloading, the time that the last abalone, rock lobster or giant crab relating to the relevant commercial abalone dive docket, commercial rock lobster quota docket or commercial giant crab quota docket enters any place capable of being fully enclosed within the premises but, in any case, 3 hours from the time that the prior movement report or movement report in respect of that abalone, rock lobster or giant crab was made; or (c) in respect of the delivery of rock lobster or giant crab to the holder of a handling licence, the time that the last rock lobster or giant crab relating to the relevant commercial rock lobster quota docket or commercial giant crab quota docket is landed at the site of unloading but, in any case 3 hours, from the time that the prior movement report or movement report in respect of that abalone, rock lobster or giant crab was made. 16Dispatch report (1) The holder of a fish processing licence must make a dispatch report to the reporting service before any abalone, rock lobster or giant crab leaves the immediate proximity of the processing premises.Penalty: Fine not exceeding the applicable Grade 3 penalty.
(2) Subrule (1) does not apply in respect of – (a) any abalone, rock lobster or giant crab sold from the processing premises by retail to the public; or (b) the sale by wholesale to a person within the State of – (i) 5 abalone or less; or (ii) 5 rock lobster or less; or (iii) 1 giant crab. (3) The holder of a handling licence must make a dispatch report to the reporting service at least 2 hours before any rock lobster or giant crab leaves any place for the purpose of being received by a person other than the holder of the handling licence.Penalty: Fine not exceeding the applicable Grade 3 penalty.
17Alternative arrangements Rules 12 , 14 , 15 and 16 do not apply if – (a) the fish processing licence has a condition specifying alterative arrangements relating to reporting requirements; and (b) the holder of the licence complies with the specified condition. 18Making reportsA person must not make a report to the reporting service more than 24 hours before the activity to which the report relates is to take place, except with the written approval of the Secretary.Penalty: Fine not exceeding the applicable Grade 3 penalty.
19Cancellation reportA person who makes a prior movement report, a movement report or a dispatch report to the reporting service and does not undertake the activity to which the report relates must make a report to the reporting service within 2 hours after the activity should have occurred.Penalty: Fine not exceeding the applicable Grade 3 penalty.
20Provision of receipt numberA person to whom a report receipt number is issued by the reporting service must provide that number when required to do so by a fisheries officer.Penalty: Fine not exceeding the applicable Grade 3 penalty.
21False, misleading and incomplete informationA person must not – (a) omit any relevant information from a report required under these rules; or (b) give any false or misleading information in such a report. Penalty: Fine not exceeding the applicable Grade 3 penalty.
Division 2Commercial quota dockets22Commercial dockets (1) The holder of a fish processing licence who takes possession of any abalone within the immediate proximity of the site of unloading must complete, or cause to be completed, Part B of the commercial abalone dive docket to which the abalone relates before the abalone is moved from the immediate proximity of the site of unloading of the abalone.Penalty: Fine not exceeding the applicable Grade 3 penalty.
(2) The holder of a fish processing licence who takes possession of any abalone from the holder of a fishing licence (abalone dive) at a place other than the immediate proximity of the site of unloading must, at the time of taking possession, complete, or cause to be completed, Part B of the commercial abalone dive docket to which the abalone relates.Penalty: Fine not exceeding the applicable Grade 3 penalty.
(3) The holder of a fish processing licence or handling licence who takes possession of any rock lobster within the immediate proximity of the site of unloading must complete, or cause to be completed, Part B of the commercial rock lobster quota docket to which the rock lobster relates before the rock lobster is moved from the immediate proximity of the site of unloading of the rock lobster.Penalty: Fine not exceeding the applicable Grade 3 penalty.
(4) The holder of a fish processing licence or handling licence who takes possession of any giant crab within the immediate proximity of the site of unloading must complete, or cause to be completed, Part B of the commercial giant crab quota docket to which the giant crab relates before the giant crab is moved from the immediate proximity of the site of unloading of the giant crab.Penalty: Fine not exceeding the applicable Grade 3 penalty.
(5) If the holder of a licence is not required to complete Part B of the commercial abalone dive docket, commercial giant crab quota docket or a commercial rock lobster quota docket because – (a) the processing premises to which the abalone, rock lobster or giant crab is to be moved or transported are within the immediate proximity of the site of unloading; or (b) the holder is the holder of a handling licence and does not move or transport the rock lobster or giant crab beyond the immediate proximity of the site of unloading prior to making a dispatch report – the holder must ensure that it is completed before making a receipt report or, if the holder is the holder of a handling licence who is not required to make a receipt report, before making a dispatch report.Penalty: Fine not exceeding the applicable Grade 3 penalty.
23Dockets to be completed by driver (1) The driver of a vehicle transporting abalone from the immediate proximity of the site of unloading of the abalone must ensure that the yellow sheet of the completed commercial abalone dive docket is carried with the abalone to which the commercial abalone dive docket relates.Penalty: Fine not exceeding the applicable Grade 3 penalty.
(2) The driver of a vehicle transporting rock lobster from the immediate proximity of the site of unloading of the rock lobster must ensure that the yellow sheet of the completed commercial rock lobster quota docket is carried with the rock lobster to which the commercial rock lobster quota docket relates.Penalty: Fine not exceeding the applicable Grade 3 penalty.
(3) The driver of a vehicle transporting giant crab from the immediate proximity of the site of unloading of the giant crab must ensure that the yellow sheet of the completed commercial giant crab quota docket is carried with the giant crab to which the commercial giant crab quota docket relates. 24Keeping of dockets (1) The holder of a fish processing licence who receives abalone must keep the yellow sheet of the completed commercial abalone dive docket in good condition at the processing premises or other approved place for 5 years.Penalty: Fine not exceeding the applicable Grade 3 penalty.
(2) The holder of a fish processing licence who receives rock lobster must keep the yellow sheet of the completed commercial rock lobster quota docket in good condition at the processing premises or other approved place for 5 years.Penalty: Fine not exceeding the applicable Grade 3 penalty.
(3) The holder of a fish processing licence who receives giant crab must keep the yellow sheet of the completed commercial giant crab quota docket in good condition at the processing premises or other approved place for 5 years.Penalty: Fine not exceeding the applicable Grade 3 penalty.
(4) The holder of a handling licence who receives rock lobster or giant crab must keep the yellow sheet of the completed commercial rock lobster quota docket or commercial giant crab quota docket in good condition for 5 years.Penalty: Fine not exceeding the applicable Grade 3 penalty.
Division 3Receipt and dispatch dockets25Fish receipt docket (1) The holder of a fish processing licence must complete or cause to be completed a fish receipt docket within 15 minutes after receiving any abalone, rock lobster or giant crab within the immediate proximity of the processing premises.Penalty: Fine not exceeding the applicable Grade 3 penalty.
(2) The holder of a handling licence must complete or cause to be completed a fish receipt docket within 30 minutes after receiving any rock lobster or giant crab placed in a fish cauf or holding tank or stored at a place specified, as a condition on the licence, to be a place where rock lobster or giant crab can be stored.Penalty: Fine not exceeding the applicable Grade 3 penalty.
(3) The holder of a fish processing licence must ensure that the green sheet of a completed fish receipt docket is received by the Secretary within 7 days after receiving any abalone, rock lobster or giant crab.Penalty: Fine not exceeding the applicable Grade 3 penalty.
(4) The holder of a handling licence must ensure that the green sheet of a completed fish receipt docket is received by the Secretary within 7 days after receiving any rock lobster or giant crab.Penalty: Fine not exceeding the applicable Grade 3 penalty.
(5) The holder of a fish processing licence must keep the yellow sheet of a completed fish receipt docket in good condition at the processing premises or other approved place for 5 years.Penalty: Fine not exceeding the applicable Grade 3 penalty.
(6) The holder of a handling licence must keep the yellow sheet of a completed fish receipt docket in good condition for 5 years.Penalty: Fine not exceeding the applicable Grade 3 penalty.
(7) It is a defence to any proceedings under subrule (3) or (4) for a person to prove that the green sheet of the completed fish receipt docket was posted to the Secretary within 6 days after receipt of the abalone, rock lobster or giant crab. (8) The time at which any abalone, rock lobster or giant crab is received for the purpose of this rule is the time specified in rule 15(5) 26Completing fish dispatch dockets (1) The holder of a fish processing licence must complete a fish dispatch docket before any abalone, rock lobster or giant crab leaves the immediate proximity of the processing premises.Penalty: Fine not exceeding the applicable Grade 3 penalty.
(2) The holder of a handling licence must complete a fish dispatch docket before any rock lobster or giant crab leaves any place for the purpose of being received by a person other than the holder of the handling licence.Penalty: Fine not exceeding the applicable Grade 3 penalty.
(3) Subrule (1) does not apply to the holder of a fish processing licence in respect of any abalone, rock lobster or giant crab sold from the processing premises by retail to the public. (4) The holder of a licence must – (a) ensure that the green sheet of the completed fish dispatch docket is received by the Secretary within 7 days after the docket was completed; and (b) deliver the completed white sheet of the docket with the abalone, rock lobster or giant crab to the person receiving the abalone, rock lobster or giant crab. Penalty: Fine not exceeding the applicable Grade 3 penalty.
(5) It is a defence to any proceedings under subrule (4)(a) for a person to prove that the green sheet of the completed fish dispatch docket was posted to the Secretary within 6 days after receipt of the abalone, rock lobster or giant crab. (6) A person who drives the vehicle that transports abalone, rock lobster or giant crab from processing premises, or any other place specified as a storage location as a condition of a fish processing licence, must ensure that the white sheet of the completed fish dispatch docket accompanies the abalone, rock lobster or giant crab to which the fish dispatch docket relates.Penalty: Fine not exceeding the applicable Grade 3 penalty.
(7) A person who drives the vehicle that transports rock lobster or giant crab from a place where the holder of a handling licence is required to complete the green sheet of a fish dispatch docket under subrule (2) must ensure that the white sheet of the completed fish dispatch docket accompanies the rock lobster or giant crab to which the fish dispatch docket relates.Penalty: Fine not exceeding the applicable Grade 3 penalty.
27Keeping fish dispatch dockets (1) The holder of a fish processing licence must keep the yellow sheet of the completed fish dispatch docket at the processing premises for 5 years.Penalty: Fine not exceeding the applicable Grade 3 penalty.
(2) The holder of a handling licence must keep the yellow sheet of the completed fish dispatch docket for 5 years.Penalty: Fine not exceeding the applicable Grade 3 penalty.
(3) A person who receives abalone, rock lobster or giant crab from the holder of a licence must keep the white sheet of the completed fish dispatch docket for 5 years.Penalty: Fine not exceeding 3 penalty units.
(4) Subrule (3) does not apply to a person who purchases abalone, rock lobster or giant crab under rule 26(3) Division 4Records28Records relating to fish processing (1) The holder of a fish processing licence must keep records relating to the following matters: (a) in relation to each receipt or purchase of abalone, rock lobster or giant crab by or on behalf of the holder – (i) the date of receipt or purchase; and (ii) the weight of live abalone, rock lobster or giant crab received or purchased; and (iii) the actual weight and the number of containers or packages of abalone, rock lobster or giant crab received or purchased in any other form; and (iv) the price paid or consideration given for the abalone, rock lobster or giant crab; and (v) the name and address of the person from whom the abalone, rock lobster or giant crab were received or purchased; (b) in relation to each abalone, rock lobster or giant crab processing operation carried out by or on behalf of the holder – (i) the date of processing; and (ii) the live weight input of abalone, rock lobster or giant crab; and (iii) the actual weight input of any other form of abalone, rock lobster or giant crab processed; and (iv) the form of output and the weight of each form of output of abalone, rock lobster or giant crab; (c) in relation to each sale or consignment of abalone, rock lobster or giant crab made by or on behalf of the holder – (i) the date of the sale or consignment; and (ii) the weight of live abalone, rock lobster or giant crab sold or consigned; and (iii) the weight of, and any other form of, abalone, rock lobster or giant crab sold or consigned; and (iv) the price or consideration received for the abalone, rock lobster or giant crab; and (v) the name and address of the purchaser or consignee; (d) the daily stock by weight of abalone, rock lobster or giant crab held by or on behalf of the holder. Penalty: Fine not exceeding the applicable Grade 3 penalty.
(2) The holder of a fish processing licence must keep a record of all abalone, rock lobster and giant crab going into and out of the processing premises on a daily basis so that a balance of abalone, rock lobster and giant crab may be determined for any given day.Penalty: Fine not exceeding the applicable Grade 3 penalty.
29Records relating to handlingThe holder of a handling licence must keep records relating to the following matters: (a) in relation to each receipt or purchase of rock lobster or giant crab by or on behalf of the holder – (i) the date of receipt or purchase; and (ii) the weight of live rock lobster or giant crab received or purchased; and (iii) the weight and the number of containers or packages of rock lobster or giant crab received or purchased in any other form; and (iv) the price paid or consideration given for the rock lobster or giant crab; and (v) the name and address of the person from whom the rock lobster or giant crab were received or purchased; (b) in relation to each sale or consignment of rock lobster or giant crab made by or on behalf of the holder – (i) the date of the sale or consignment; and (ii) the weight of live rock lobster or giant crab sold or consigned; and (iii) the weight of, and any other form of, rock lobster or giant crab sold or consigned; and (iv) the price or consideration received for the rock lobster or giant crab; and (v) the name and address of the purchaser or consignee; (c) the daily stock by weight of rock lobster or giant crab held by or on behalf of the holder in Tasmania or elsewhere. Penalty: Fine not exceeding the applicable Grade 3 penalty.
PART 4Miscellaneous30MeasurementThe holder of a handling licence or a fish processing licence must maintain and use accurate measuring and weighing instruments to determine the information required to complete any commercial abalone dive docket, commercial rock lobster quota docket, commercial giant crab quota docket, fish receipt docket or fish dispatch docket under these rules.Penalty: Fine not exceeding the applicable Grade 3 penalty.
31Conflict of interest (1) Unless otherwise approved, a person who is the holder of a fish processing licence and who also holds a fishing licence (abalone dive) must not complete Part B of a commercial abalone dive docket in respect of any abalone landed by – (a) the person as the holder of the fishing licence (abalone dive); or (b) a person who is a director, shareholder, partner, employer or employee of the holder of the fishing licence (abalone dive). Penalty: Fine not exceeding the applicable Grade 3 penalty.
(2) Unless otherwise approved, a person who is the holder of a fish processing licence and who also holds a fishing licence (rock lobster) must not complete Part B of a commercial rock lobster quota docket in respect of any rock lobster landed by – (a) the person as the holder of the fishing licence (rock lobster); or (b) a person who is a director, shareholder, partner, employer or employee of the holder of the fishing licence (rock lobster). Penalty: Fine not exceeding the applicable Grade 3 penalty.
(3) Unless otherwise approved, a person who is the holder of a fish processing licence or handling licence and who also holds a fishing licence (giant crab) must not complete Part B of a commercial giant crab quota docket in respect of any giant crab landed by – (a) the person as the holder of the fishing licence (giant crab); or (b) a person who is a director, shareholder, partner, employer or employee of the holder of the fishing licence (giant crab). Penalty: Fine not exceeding the applicable Grade 3 penalty.
(4) Unless otherwise approved, a person who is the holder of a fish processing licence must not complete Part B of a commercial abalone dive docket in respect of any abalone processed, received or transported as an employee or contractor of the holder of the fishing licence (abalone dive) who landed the abalone.Penalty: Fine not exceeding the applicable Grade 3 penalty.
(5) Unless otherwise approved, a person who is the holder of a fish processing licence must not complete Part B of a commercial rock lobster quota docket in respect of any rock lobster processed, received or transported as an employee or contractor of the holder of the fishing licence (rock lobster) who landed the rock lobster.Penalty: Fine not exceeding the applicable Grade 3 penalty.
(6) Unless otherwise approved, a person who is the holder of a fish processing licence or a handling licence must not complete Part B of a commercial giant crab quota docket in respect of any giant crab processed, received or transported as an employee or contractor of the holder of the fishing licence (giant crab) who landed the giant crab.Penalty: Fine not exceeding the applicable Grade 3 penalty.
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 28 February 2001
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 provide for procedures relating to –
(a) the possession of fish in certain places; and (b) the transportation of fish to certain places; and (c) making reports and keeping records.