Fisheries (Rock Lobster) Amendment Rules 1998 (TAS)

Fisheries (Rock Lobster) Amendment Rules 1998

I make the following rules under the Living Marine Resources Management Act 1995 .31 March 1998

B. BONDE

Minister for Primary Industry and Fisheries

1Short titleThese rules may be cited as the Fisheries (Rock Lobster) Amendment Rules 1998 . 2CommencementThese rules take effect on 8 April 1998. 3Principal RulesIn these rules, the Fisheries (Rock Lobster) Rules 1997 are referred to as the Principal Rules. 4Rule 3 amended (Interpretation) Rule 3 of the Principal Rules is amended as follows: (a) by inserting the following definition after the definition of holding tank : immediate proximity means – (a) within a distance of 100 metres; or (b) within a greater distance as specified under rule 56(4) ; (b) by omitting the definition of quota unit balance and substituting the following definition: quota unit balance means the sum of the portion of the total weight of rock lobster quota units and the portion of the total weight of the rock lobster catch history unit specified in a fishing licence that remain uncaught; (c) by omitting the definition of River Derwent and substituting the following definition: River Derwent means the waters upstream of an imaginary line extending from Dennes Point to Cape Direction (otherwise known as the most southern point of South Arm); (d) by omitting "casing" from the definition of unloading and substituting "causing". 5Rule 11 amended (Restrictions on rock lobster generally) Rule 11(5) of the Principal Rules is amended by inserting "in a rock lobster" after "lobster" firstly occurring. 6Rule 12 amended (Minimum size of rock lobster) Rule 12 of the Principal Rules is amended as follows: (a) by inserting in subrule (1) the following:

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(b) by omitting from subrule (2) "medium suture of" and substituting "median suture of the frontal tubercule to". 7Rule 13 amended (Possession and control of rock lobster) Rule 13 of the Principal Rules is amended as follows: (a) by inserting in subrule (6)(a) the following subparagraph after subparagraph (iii) : (iv) a fishing licence (recreational rock lobster ring); or (b) by inserting in subrule (7) the following:

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

8Rule 17 amended (Use of rock lobster pots in certain places) Rule 17(1) of the Principal Rules is amended by omitting paragraph (c) and substituting the following paragraph: (c) in Georges Bay, St Helens, west of the line of longitude of the end of the training wall situated at the entrance to Georges Bay; or 9Rule 20 amended (Taking rock lobster recreationally) Rule 20 of the Principal Rules is amended as follows: (a) by omitting from subrule (1) "fishing" first occurring and substituting "purposes"; (b) by omitting from subrule (2) "fishing" first occurring and substituting "purposes"; (c) by omitting from subrule (3) "(rock lobster ring)" and substituting "(recreational rock lobster ring)"; (d) by omitting from subrule (4) "fishing" first occurring and substituting "purposes". 10Rule 21 amended (Authority of recreational fishing licences) Rule 21(4) of the Principal Rules is amended by omitting "or a fishing licence (recreational rock lobster pot)" and substituting ", a fishing licence (recreational rock lobster pot) or a fishing licence (recreational rock lobster ring)". 11Rule 24 amended (Recreational fishing licence number) Rule 24 of the Principal Rules is amended as follows: (a) by omitting from subrule (1) "pot" second occurring and substituting "dive"; (b) by omitting from subrule (2)(a) "one of the marker buoys required for any fish cauf or rock lobster pot" and substituting "the marker buoy required for any fish cauf, rock lobster pot or rock lobster ring". 12Rule 26 amended (Aboriginal cultural activity gear tag) Rule 26(2) of the Principal Rules is amended by omitting "pot so that the tag is clearly visible on the surface of the water when the gear" and substituting "rock lobster pot so that the tag is clearly visible on the surface of the water when the rock lobster pot". 13Rule 27 amended (Restrictions on fishing licence (recreational rock lobster dive)) Rule 27 of the Principal Rules is amended as follows: (a) by inserting in paragraph (a) "rock lobster" after "before the"; (b) by inserting the following paragraph after paragraph (a) : (ab) take rock lobster by any method other than with a bare or gloved hand; or 14Rule 29 amended (Marking of rock lobster) Rule 29(b)(i) of the Principal Rules is amended by omitting "fishing". 15Rule 30 substituted Rule 30 of the Principal Rules is rescinded and the following rule is substituted: 30Restrictions relating to rock lobster rings (1)  The holder of a fishing licence (recreational rock lobster ring) must not have possession of or use in State waters a rock lobster ring during a fishing trip while fishing for commercial purposes.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(2)  A person must not have possession of or use in State waters – (a) more than 4 rock lobster rings; or (b) a rock lobster ring greater than 1 metre in diameter.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

16Rule 31 amended (Use of fish cauf) Rule 31(a) of the Principal Rules is amended as follows: (a) by omitting from subparagraph (ii) "(rock lobster pot)" and substituting "(recreational rock lobster pot"; (b) by omitting from subparagraph (iii) "(rock lobster ring)" and substituting "(recreational rock lobster ring)". 17Rule 32A insertedAfter rule 32 of the Principal Rules , the following rule is inserted: 32AUse of rock lobster pot A person must not use more than one rock lobster pot unless the person holds a fishing licence (rock lobster).

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

18Rule 33 amended (Number of fishing licences (rock lobster)) Rule 33 of the Principal Rules is amended by omitting "320" and substituting "316". 19Rule 34 amended (Authority of fishing licence (rock lobster)) Rule 34 of the Principal Rules is amended by inserting the following paragraph after paragraph (a) : (ab) take the weight of rock lobster equivalent to the rock lobster catch history unit specified in the licence; and 20Rule 35 amended (Restrictions on fishing licence (rock lobster)) Rule 35 of the Principal Rules is amended by omitting subrule (2) and substituting the following subrules: (2)  The holder of a fishing licence (rock lobster) must not take more than the weight of rock lobster specified by the total number of rock lobster quota units and the rock lobster catch history unit specified in the licence.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(3)  The holder of a fishing licence (rock lobster) must not use a fishing vessel that is not specified in the licence to take rock lobster.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(4)  The holder of a fishing licence (rock lobster) must not take or have possession of more than 100 kilograms of octopus in State waters.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(5)  The holder of a fishing licence (rock lobster) must not have possession of more than 10 giant crabs in State waters.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

21Rule 37 amended (Restrictions on setting rock lobster pot) Rule 37 of the Principal Rules is amended as follows: (a) by inserting in subrule (1) "or less" after "kilograms"; (b) by omitting from subrule (5) "on a fishing vessel"; (c) by omitting from subrule (6)(b) "season." and substituting "season; or"; (d) by inserting in subrule (6) the following paragraph after paragraph (b) : (c) was in port or on a mooring and not undertaking a fishing trip. 22Rule 38 amended (Marker buoys on pots and longlines) Rule 38 of the Principal Rules is amended by omitting subrule (4) and substituting the following subrule: (4)  A person must ensure that – (a) any marker buoy used in connection with a rock lobster pot longline is marked clearly and legibly with the number of rock lobster pots attached to the rock lobster pot longline; and (b) the markings on the marker buoy are maintained in good condition.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

23Rule 39 rescinded Rule 39 of the Principal Rules is rescinded. 24Rule 41 amended (Period of total allowable catch) Rule 41(2) of the Principal Rules is amended as follows: (a) by inserting "for rock lobster fishery A" after "catch"; (b) by omitting "fish" and substituting "fishing". 25Rule 42 substituted Rule 42 of the Principal Rules is rescinded and the following rule is substituted: 42Specification of entitlements (1)  Any entitlement to rock lobster quota units is to be specified in a fishing licence (rock lobster). (2)  Any entitlement to rock lobster catch history units is to be specified in a fishing licence (rock lobster). 26Rule 44 amended (Deduction for excess) Rule 44(c) of the Principal Rules is amended by omitting "7" and substituting "70". 27Rule 46 amended (Sale to unlicensed person) Rule 46(2)(a) of the Principal Rules is amended by inserting "immediate proximity of the fishing" after "from the". 28Rule 48A insertedAfter rule 48 of the Principal Rules , the following rule is inserted: 48AExporting rock lobster A person must not export rock lobster or cause or permit to be exported rock lobster on or in a fishing vessel to a State or Territory unless – (a) the fishing licence is endorsed for exportation; and (b) the person, before leaving State waters, complies with the terms of the endorsement; and (c) the fishing vessel is fitted with a vessel monitoring system in accordance with rule 69; and (d) the person takes the rock lobster to one of the ports of Currie, Grassy, Stanley or Lady Barron for inspection.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

29Rule 54 amended (Unloading report) Rule 54 of the Principal Rules is amended as follows: (a) by omitting paragraph (d) from subrule (5) and substituting the following paragraph: (d) 5 or less rock lobster are sold to a person who is not the holder of a fish processing licence or a handling licence. (b) by omitting from subrule (6) ", (b) or (c)" and substituting "or (b)". 30Rule 56 amended (Long distance movement report) Rule 56 of the Principal Rules is amended by inserting the following subrule after subrule (3) : (4)  The Secretary, by public notice, may specify a distance greater than 100 metres as being the immediate proximity for the purpose of this rule. 31Rule 57 amended (Short distance movement report) Rule 57 of the Principal Rules is amended as follows: (a) by omitting subrule (1) and substituting the following subrules: (1)  The holder of a fish processing licence or handling licence must weigh any rock lobster at the site of unloading before transporting the rock lobster to any premises specified on the licence if those premises are located less than 1 kilometre from the site of unloading.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(1A)  The holder of a fish processing licence or handling licence must make a short distance movement report to the reporting service in respect of the movement or transport of any rock lobster to premises less than 1 kilometre from the site of unloading immediately the rock lobster are received at those premises.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(b) by omitting subrule (4) . 32Rules 60A , 60B , 60C , 60D and 60E insertedAfter rule 60 of the Principal Rules , the following rules are inserted: 60AMaking reports A 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.

60BCancellation report A person who makes a report to a 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.

60CAlternative arrangements for reporting Rules 54(1) ,  54(2) ,  54(6) ,  55(1) ,  55(2) ,  56(1) ,  56(2) ,  57(1) ,  57(2) ,  58(1) ,  58(2) ,  59(1) ,  59(2) ,  60(1) and  60(3) do not apply if – (a) the relevant licence is endorsed for alternative arrangements relating to reporting requirements; and (b) the licence holder complies with the terms of the endorsement. 60DEndorsement for alternative arrangements The Secretary may endorse a licence for alternative arrangements relating to reporting requirements if satisfied that the holder of the licence is unable to comply with those requirements. 60EFalse, misleading and incomplete information A person must not – (a) omit any relevant information from a report required under this Division; or (b) give any false or misleading information in a report required under this Division.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

33Rule 66 amended (Rock lobster transfer dockets (leaving premises)) Rule 66 of the Principal Rules is amended as follows: (a) by inserting the following subrule after subrule (1) : (1A)  Subrule (1) does not apply to the holder of a fish processing licence in respect of any rock lobster sold from the processing premises by retail to the public. (a) by inserting the following subrule after subrule (3) : (3A)  A person who drives the vehicle that transports rock lobster from the processing premises must ensure that the duplicate copy of the rock lobster transfer docket accompanies the rock lobster.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

34Rule 68A insertedAfter rule 68 of the Principal Rules , the following rule is inserted in Division 3: 68ASales receipt The holder of a fish processing licence who sells 5 or more rock lobster by retail to a person must issue a sales receipt to that person.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

35Schedule 1 amended (Ports of landing) Schedule 1 to the Principal Rules is amended as follows: (a) by omitting from item 1(a)(v) "200 metres of Granville Harbour" and substituting "Granville Harbour and Sting Ray Bay"; (b) by omitting from item 1(a)(vi) "the public unloading wharf at" and substituting "within"; (c) by inserting in item 1(a)(ix) "The main public wharf," before “Fisherman’s”; (d) by inserting in item 1 (b) the following subparagraph after subparagraph (ix): (x) Palana; (e) by inserting in item 1(c)(vi) "Kings Pier," before "Macquarie"; (f) by omitting from item 1(c)(ix) "public" and substituting "Storm Bay Seafoods"; (g) by omitting from item 1(c)(xiv) "Woodbridge." and substituting "Woodbridge;"; (h) by inserting in item 1 (c) the following subparagraph after subparagraph (xiv): (xv) the public jetty at Little Swanport.

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

Notified in the Gazette on 8 April 1998

These rules are administered in the Department of Primary Industry and Fisheries.

EXPLANATORY NOTE

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

(a) provide for matters consequent to the enactment of the Living Marine Resources Management Amendment (Rock Lobster Quota) Act 1997 ; and (b) make amendments to improve procedural and regulatory provisions.