Fisheries (Rock Lobster) Amendment Rules 2014 (TAS)

Fisheries (Rock Lobster) Amendment Rules 2014

I make the following rules under the Living Marine Resources Management Act 1995 .16 January 2014

BRYAN GREEN

Minister for Primary Industries and Water

1Short titleThese rules may be cited as the Fisheries (Rock Lobster) Amendment Rules 2014 . 2CommencementThese rules take effect on the day on which their making is notified in the Gazette. 3Principal RulesIn these rules, the Fisheries (Rock Lobster) Rules 2011 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 authorised mooring : auxiliary vessel means a dinghy, tender or other vessel that is – (a) part of the equipment of a fishing vessel; and (b) transported with, capable of being carried on, and operates solely from, the fishing vessel; and (c) is not operated further than 2 nautical miles from the fishing vessel; (b) by inserting the following definitions after the definition of carapace length : catch-cap means the portion of the total allowable catch of rock lobster, determined under section 94(2)(c) of the Act, that may be taken from a catch-cap area; catch-cap area means an area of State waters determined by the Minister under section 94(2)(b) of the Act to be subject to a catch-cap; (c) by omitting the definition of closed season and substituting the following definition: closed season, in respect of the rock lobster fishery or a part of that fishery, means a season or period during which the fishery, or that part of the fishery, is closed to fishing; (d) by omitting the definition of interstate port of landing report ; (e) by inserting "or Sagmariasus" after "Jasus" in the definition of rock lobster . 5Rule 10A insertedAfter rule 10 of the Principal Rules , the following rule is inserted in Part 2: 10APersons authorised to possess rock lobster outside State waters (1)  A person who is in possession of rock lobster on a fishing vessel in State waters must unload the rock lobster from that fishing vessel before the fishing vessel goes beyond the limits of State waters, unless that person is authorised by an endorsement on a fishing licence to be in possession of rock lobster in waters outside State waters.

Penalty:  Grade 1 penalty.

(2)  However, a person is not guilty of an offence under subrule (1) in respect of any rock lobster if – (a) the person has the approval of a fisheries officer to possess rock lobster on a fishing vessel in waters outside State waters; and (b) the rock lobster are held in accordance with that approval. (3)  If an approval referred to in subrule (2) is given verbally, the fisheries officer is to confirm that approval in writing to the licensee as soon as practicable after it is given. 6Rule 11 amended (Closed and open seasons, &c.) Rule 11 of the Principal Rules is amended as follows: (a) by inserting in subrule (1)(a) ", including a catch-cap area" after "fishery"; (b) by inserting in subrule (1)(b) ", including a catch-cap area" after "fishery"; (c) by inserting in subrule (2) ", including a catch-cap area," after "fishery". 7Rule 13 amended (Restrictions on possession of female rock lobster during closed season for female rock lobster) Rule 13 of the Principal Rules is amended as follows: (a) by omitting from subrule (2)(b) "commenced." and substituting "commenced; or"; (b) by inserting the following paragraph after paragraph (b) in subrule (2) : (c) the fishing vessel is returning to a port of landing within 48 hours after the end of an open season. (c) by inserting the following subrule after subrule (2) : (3)  The holder of a fishing licence (rock lobster) is not guilty of an offence under subrule (2) in respect of any rock lobster that were taken legally by reason only of the fact that the vessel is transiting an area of State waters. 8Rule 14 amended (Restrictions on possession of rock lobster on fishing vessel during closed season for male rock lobster) Rule 14 of the Principal Rules is amended by inserting after subrule (2) the following subrule: (3)  The holder of a fishing licence (rock lobster) is not guilty of an offence under subrule (1) in respect of any rock lobster that were taken legally by reason only of the fact that the vessel is transiting an area of State waters. 9Rule 43 amended (Fishing quota unit balance not to be exceeded) Rule 43 of the Principal Rules is amended as follows: (a) by omitting subrule (2) ; (b) by omitting from subrule (3) "or (2) ". 10Rule 44 amended (Overcatch provisions) Rule 44(1) of the Principal Rules is amended by omitting "and (2) ". 11Rule 45 amended (Deduction of excess catch from quota) Rule 45 of the Principal Rules is amended as follows: (a) by omitting from subrule (2) "may" and substituting "is to"; (b) by inserting in subrule (2) ", up to a maximum of 30% above the fishing quota unit balance for the licence," after "deduct the excess rock lobster"; (c) by inserting in subrule (3) "that exceeds the fishing quota unit balance for the licence by more than 30%" after "lobster". 12Rule 57A insertedAfter rule 57 of the Principal Rules , the following rule is inserted in Division 3: 57ACarry-over of quota unit in exceptional circumstances (1)  If the Minister is satisfied that the holder of a fishing licence (rock lobster) has, due to exceptional circumstances, been unable to catch his or her quota unit balance of rock lobster in the course of a rock lobster quota year, the Minister may, by notice in writing to the licence holder, allow the licence holder to carry an amount of rock lobster quota from the uncaught quota balance to the next quota year. (2)  The quantity of rock lobster carried over in accordance with subrule (1) may be transferred to another holder of a fishing licence (rock lobster). 13Rule 58 substituted Rule 58 of the Principal Rules is rescinded and the following rule is substituted: 58All rock lobster to be unloaded (1)  The holder of a fishing licence (rock lobster) must unload every rock lobster caught under the licence except for those that are – (a) retained for personal use in accordance with rule 74 ; or (b) dealt with in accordance with rule 70 .

Penalty:  Grade 3 penalty.

(2)  The holder of a fishing licence (rock lobster) must unload every rock lobster – (a) taken from a catch-cap area, before commencing a fishing trip outside that catch-cap area; and (b) taken from outside a catch-cap area before commencing a fishing trip in that catch-cap area –except those rock lobster that are – (c) retained for personal use in accordance with rule 74 ; or (d) dealt with in accordance with rule 70 .

Penalty:  Grade 3 penalty.

14Rule 65 rescinded Rule 65 of the Principal Rules is rescinded. 15Rule 70 amended (Recording, &c., of dead rock lobster) Rule 70 of the Principal Rules is amended as follows: (a) by omitting from subrule (2)(b) "as soon as practicable" and substituting "before the rock lobster are removed from the fishing vessel or the immediate proximity of the fish cauf"; (b) by inserting the following subrule after subrule (4) : (5)  The holder of a fishing licence (rock lobster) must not sell any rock lobster that have been recorded as dead in a rock lobster catch record.

Penalty:  Grade 3 penalty.

16Rule 71 amended (Transfer of rock lobster between vessels) Rule 71(b) of the Principal Rules is amended by inserting "other than an auxiliary vessel authorised under the Fisheries Rules 2009 to be used with the fishing vessel" after "of vessel". 17Rule 75 amended (Restrictions on setting, use and possession of rock lobster pots) Rule 75 of the Principal Rules is amended as follows: (a) by omitting subrule (2) and substituting the following subrule: (2)  An authorised person must not set or use, or be in possession of, a rock lobster pot – (a) in State waters, during a closed season; or (b) in a catch-cap area that is closed to fishing.

Penalty:  Grade 3 penalty.

(b) by inserting in subrule (3) ", or in a catch-cap area that is closed to fishing," after "a closed season"; (c) by omitting from subrule (3)(a)(ii) "48" and substituting "60"; (d) by inserting the following subparagraph after subparagraph (iii) in subrule (3)(a) : (iv) is returning to port from a part of the rock lobster fishery that is open; or (e) by inserting in subrule (3)(c) "removable" after "bait or"; (f) by omitting from subrule (3)(c)(ii) "approval." and substituting "approval; or"; (g) by inserting the following paragraph after paragraph (c) in subrule (3) : (d) the licence holder is transiting a closed part of the rock lobster fishery on the way to or from an open part of the fishery and the rock lobster pots do not contain bait or a removable bait-holding device. 18Rule 77A insertedAfter rule 77 of the Principal Rules , the following rule is inserted in Division 1: 77ASetting pots at night in catch-cap area prohibited (1)  The holder of a fishing licence (rock lobster) must not set a rock lobster pot in a catch-cap area in the period from one hour after sunset to one hour before sunrise.

Penalty:  Grade 3 penalty.

(2)  The holder of a fishing licence (rock lobster) is not guilty of an offence under subrule (1) in respect of the first time a pot is set after a pre-fishing report has been made under rule 86A . 19Rules 86A and 86B insertedAfter rule 86 of the Principal Rules , the following rules are inserted in Division 1: 86APre-fishing reports If the holder of a fishing licence (rock lobster) intends to set rock lobster pots in a catch-cap area, he or she must make a pre-fishing report before entering the catch-cap area or leaving a port within that area.

Penalty:  Grade 3 penalty.

86BCatch-cap area report (1)  The holder of a fishing licence (rock lobster) must make a report in accordance with subrule (2) if he or she intends – (a) to pass through a catch-cap area; or (b) to leave a port that is within a catch-cap area.

Penalty:  Grade 3 penalty.

(2)  A report under subrule (1) must be made before the licence holder enters the catch-cap area or leaves the port, as the case may be. 20Rule 94 amended (Conflicts of interest) Rule 94 of the Principal Rules is amended by inserting after subrule (2) the following subrule: (3)  A natural person who was present when rock lobster were taken must not complete Part B of a commercial rock lobster quota docket, in respect of that rock lobster, unless that natural person has the written approval of the Secretary to do so.

Penalty:  Grade 3 penalty.

21Schedule 1 amended (Ports of Landing) Schedule 1 to the Principal Rules is amended by omitting item 4 . 22Schedule 3 substituted Schedule 3 to the Principal Rules is rescinded and the following Schedule is substituted: Schedule 3Infringement Notice Offences and Penalties

Rule 103

Column 1 Item	Column 2 Rule	Column 3 Penalty (penalty units)
1.	10	10
2.	12(1)	10
3.	12(2)	8
4.	12(3)	8
5.	12(4)	8
6.	12(6)	8
7.	13(1)	8
8.	13(2)	8
9.	13(3)	5
10.	14(1)	5
11.	15	10
12.	16(1)	6
13.	17	6
14.	18	5
15.	19	8
16.	20(1)	4
17.	21	4
18.	22	8
19.	23	5
20.	24(1)	5
21.	24(2)	5
22.	24(3)	5
23.	24(4)	5
24.	24(5)	5
25.	25(1)	5
26.	25(2)	5
27.	25(3)	5
28.	26(1)	5
29.	26(2)	5
30.	26(3)	3
31.	27(1)	5
32.	27(2)	5
33.	30(3)	5
34.	32	5
35.	33(1)	6
36.	33(2)	8
37.	33(3)	6
38.	33(4)	5
39.	33(5)	5
40.	34(2)	5
41.	34(3)	5
42.	34(4)	5
43.	36(1)	3
44.	36(2)	3
45.	36(3)	3
46.	36(4)	3
47.	38(2)	3
48.	39(1)	4
49.	39(2)	4
50.	39(3)	3
51.	40(1)	3
52.	40(2)	3
53.	40(3)	5
54.	40(4)	10
55.	41	5
56.	42(1)	5
57.	42(2)	5
58.	42(3)	10
59.	42(4)	5
60.	43(1)	10
61.	46(1)	4
62.	46(2)	4
63.	47(1)	6
64.	47(3)	4
65.	48(5)	5
66.	52	5
67.	53	3
68.	55(2)	5
69.	58	10
70.	59(1)	6
71.	60(2)	5
72.	60(3)	5
73.	61(2)	5
74.	61(3)	5
75.	62(2)	4
76.	62(3)	4
77.	62(4)	5
78.	62(5)	5
79.	63(2)	3
80.	63(3)	3
81.	64(2)	5
82.	64(3)	5
83.	66(2)	5
84.	67	3
85.	68	3
86.	69(1)	8
87.	69(2)	8
88.	69(3)	5
89.	69(4)	5
90.	69(5)	5
91.	70(2)	6
92.	70(3)	3
93.	70(5)	10
94.	71	10
95.	72	10
96.	73	10
97.	74(1)	5
98.	74(2)	5
99.	74(4)	5
100.	74(5)	5
101.	74(6)	5
102.	75(1)	6
103.	75(2)	6
104.	75(6)	8
105.	76(1)	10
106.	76(3)	5
107.	77(1)	5
108.	78(1)	5
109.	78(2)	3
110.	78(4)	6
111.	79(1)	8
112.	80(1)	2
113.	81(1)	2
114.	81(2)	2
115.	81(4)	2
116.	81(5)	2
117.	82(1)	5
118.	82(2)	3
119.	82(3)	8
120.	82(4)	8
121.	83	2
122.	84(1)	5
123.	84(2)	5
124.	84(3)	4
125.	84(4)	4
126.	84(5)	2
127.	84(6)	4
128.	84(7)	4
129.	84(8)	4
130.	84(9)	4
131.	85(1)	4
132.	85(2)	4
133.	85(3)	4
134.	85(4)	4
135.	87(1)	3
136.	87(4)	3
137.	89	3
138.	90(2)	3
139.	91	3
140.	92	2
141.	93	5
142.	94(1)	2
143.	94(2)	2
144.	94(3)	2
145.	95(1)	3
146.	96(1)	3
147.	96(2)	3
148.	97(1)	3
149.	97(2)	3
150.	97(5)	3
151.	97(7)	3
152.	97(8)	3
153.	97(9)	5
154.	97(10)	1
155.	97(11)	1
156.	98(5)	4

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

Notified in the Gazette on 29 January 2014

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

EXPLANATORY NOTE

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

(a) providing for catch-cap areas determined under the Living Marine Resources Management Act 1995 ; and (b) updating the Schedule of infringement notice offences and penalties; and (c) making various other miscellaneous amendments.