Fisheries (Rock Lobster) Amendment Rules 2017 (TAS)

Fisheries (Rock Lobster) Amendment Rules 2017

I make the following rules under the Living Marine Resources Management Act 1995 .21 February 2017

JEREMY ROCKLIFF

Minister for Primary Industries and Water

1Short titleThese rules may be cited as the Fisheries (Rock Lobster) Amendment Rules 2017 . 2CommencementThese rules take effect on 1 March 2017. 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 before the definition of Act : abalone means fish of the genus Haliotis; (b) by omitting the definition of fishing trip and substituting the following definition: fishing trip means a trip undertaken for fishing, or in preparation for fishing, commencing on the departure from a port, port of landing or authorised mooring and ending when all rock lobster pots have been removed from State waters and the fishing vessel returns to a port, port of landing or authorised mooring; 5Rule 10A amended (Persons authorised to possess rock lobster outside State waters) Rule 10A(1) of the Principal Rules is amended by omitting the penalty and substituting the following penalty:

Penalty:  Grade 3 penalty.

6Rule 48 amended (Research quota units) Rule 48 of the Principal Rules is amended by omitting subrules (6) and (7) and substituting the following subrules: (6)  A research quota unit may be transferred on a seasonal basis. (7)  A research quota unit is not to be transferred on a permanent basis. (8)  In this rule – permanent basis means continuing in force and effect, subject to the Act, indefinitely; seasonal basis, in relation to transferred research quota units, means research quota units that have force and effect only for the remainder of the term of the licence to which they are transferred. 7Rule 49 amended (Authority of fishing licence (rock lobster)) Rule 49 of the Principal Rules is amended by omitting paragraph (f) . 8Rule 54 amended (Allocation of rock lobster quota units) Rule 54 of the Principal Rules is amended by omitting subrule (3) . 9Rule 56 amended (Requirements relating to licences with fewer than 15 quota units) Rule 56 of the Principal Rules is amended as follows: (a) by inserting in subrule (1) "seasonal" after "than 15"; (b) by inserting the following subrule after subrule (1) : (1A)  A person who holds a fishing licence (rock lobster) that is endorsed with the condition specified in subrule (1)(a) must not take any fish under the licence without the Secretary’s authority.

Penalty:  Grade 3 penalty.

(c) by omitting " Fisheries (Giant Crab) Rules 2006 ." from the definition of giant crab quota unit in subrule (2) and substituting " Fisheries (Giant Crab) Rules 2013 ;"; (d) by inserting the following definition after the definition of giant crab quota unit in subrule (2) : seasonal rock lobster quota units means rock lobster quota units that have force and effect only for the term, or, if applicable, the remainder of the term, of the licence in which they are specified. 10Rule 57 substituted Rule 57 of the Principal Rules is rescinded and the following rule is substituted: 57Transfer of rock lobster quota units, &c. (1)  The Minister is not to transfer rock lobster quota units or research quota units to a person who does not hold a fishing licence (rock lobster). (2)  The Minister is not to transfer rock lobster quota units or research quota units unless the fishing quota unit balance for the fishing licence from which they are transferred is reduced by a weight equivalent to the number of rock lobster quota units or research quota units transferred. (3)  The Minister is not to transfer on a permanent basis rock lobster quota units that have been partially caught or research quota units unless they are transferred together with the fishing licence (rock lobster) in which they are specified. (4)  The Minister is not to transfer on a seasonal basis – (a) rock lobster quota units that have been partially or fully caught; or (b) research quota units that have been partially or fully caught. (5)  The Minister is not to transfer a rock lobster quota unit to a person on a permanent basis without also transferring, on both a permanent and seasonal basis, the entitlement to a rock lobster pot to the person. (6)  The Minister is not to transfer an entitlement to a rock lobster pot to a person on a permanent basis without also transferring, on both a permanent and seasonal basis, a rock lobster quota unit to the person. (7)  In this rule – permanent, in relation to transferred rock lobster quota units, means rock lobster quota units that, subject to the Act, continue in force and effect indefinitely; seasonal, in relation to transferred rock lobster quota units, means rock lobster quota units that have force and effect only for the term, or, if applicable, the remainder of the term, of the licence to which they are transferred. 11Rule 57A amended (Carry-over of quota unit in exceptional circumstances) Rule 57A(1) of the Principal Rules is amended by omitting "rock lobster quota year, the Minister may, by notice in writing to the licence holder," and substituting "quota year the Minister may". 12Rule 57B insertedAfter rule 57A of the Principal Rules , the following rule is inserted in Division 3: 57BCarry-over of partially caught quota unit on same entitlement (1)  Except as provided in subrule (2) , the Minister may allow a licence holder to carry over, from one quota year to the next, up to one partially caught rock lobster quota unit from the uncaught rock lobster quota unit balance on the entitlement from which the rock lobster quota unit was fished. (2)  A partially caught rock lobster quota unit allowed to be carried over from the 2015/2016 quota year is to be carried over to the 2017/2018 quota year. (3)  However – (a) subrule (1) applies only in respect of uncaught rock lobster quota unit balances for the 2015/2016 quota year and following quota years; and (b) a partially caught rock lobster quota unit that has been carried over from one quota year to the next under subrule (1) cannot be transferred from one entitlement to another. 13Rule 59A insertedAfter rule 59 of the Principal Rules , the following rule is inserted in Division 4: 59AApproved ports of landing for catch-cap and other areas (1)  The Minister, by public notice, may declare one or more ports of landing to be approved ports of landing for – (a) a catch-cap area specified or described in the public notice; or (b) an area of State waters, lying outside a catch-cap area, specified or described in the public notice. (2)  If, pursuant to subrule (1)(a) , there are approved ports of landing for a catch-cap area, the holder of a fishing licence (rock lobster) who takes rock lobster in that catch-cap area must not unload those rock lobster anywhere other than at a port of landing so approved.

Penalty:  Grade 3 penalty.

(3)  If, pursuant to subrule (1)(b) , there are approved ports of landing for an area of State waters lying outside a catch-cap area, the holder of a fishing licence (rock lobster) who takes rock lobster in that area of State waters must not unload those rock lobster anywhere other than at a port of landing so approved.

Penalty:  Grade 3 penalty.

(4)  The holder of the fishing licence (rock lobster) is not guilty of an offence under subrule (2) or (3) in respect of any rock lobster if – (a) the licence is endorsed with alternative unloading conditions and the rock lobster are unloaded in accordance with those conditions; or (b) the rock lobster have to be unloaded away from a relevant approved port of landing in an emergency because of a threat to the safety of the fishing vessel or its crew and the licensee has the approval of a fisheries officer to unload the rock lobster at another port in Tasmania. 14Rule 67 substituted Rule 67 of the Principal Rules is rescinded and the following rule is substituted: 67Possession of abalone on fishing vessel A person must not be in possession of abalone on a fishing vessel that is being used to take, transport or store rock lobster for commercial purposes.

Penalty:  Grade 3 penalty.

15Rule 72 amended (Fishing in two jurisdictions) Rule 72 of the Principal Rules is amended as follows: (a) by omitting paragraph (b) ; (b) by omitting from paragraph (c) "port; or" and substituting "port."; (c) by omitting paragraph (d) . 16Rule 72A insertedAfter rule 72 of the Principal Rules , the following rule is inserted in Division 5: 72AProhibition on possession of rock lobster taken from other States (1)  A person must not, in State waters, be in possession of rock lobster that have been taken from the waters of a State other than Tasmania.

Penalty:  Grade 3 penalty.

(2)  However, a person is not guilty of an offence under subrule (1) if the rock lobster were purchased from another State, by anybody, and the person has a receipt verifying that purchase. 17Rule 74 amended (Retention of rock lobster for personal use) Rule 74 of the Principal Rules is amended by inserting after subrule (2) the following subrule: (2A)  A person who is the holder of a fishing licence (rock lobster) and a recreational fishing licence must not, at any one time, be in possession of, as a combined total, more than 10 rock lobster of the following kind: (a) rock lobster that the person has retained for personal use under the fishing licence (rock lobster); (b) rock lobster that the person has taken under the recreational fishing licence.

Penalty:  Grade 3 penalty.

18Rule 75A insertedAfter rule 75 of the Principal Rules , the following rule is inserted in Division 1: 75ANumber of rock lobster pots that may be specified on licences The number of rock lobster pots that may be specified in a fishing licence (rock lobster) is not to exceed – (a) the number of rock lobster pots specified in Schedule 2 for the length of the fishing vessel used for that licence; or (b) such other number of rock lobster pots as determined according to a method approved by the Secretary. 19Rule 77B insertedAfter rule 77A of the Principal Rules , the following rule is inserted in Division 1: 77BSetting pots at night outside catch-cap area (1)  The holder of a fishing licence (rock lobster) must not, in State waters lying outside a catch-cap area, set a rock lobster pot – (a) between 11 p.m. of one day and 4 a.m. of the following day during the summer period; or (b) between 10 p.m. of one day and 5 a.m. of the following day during the winter period.

Penalty:  Grade 3 penalty.

(2)  Nothing in subrule (1) is to be taken as preventing the holder of a fishing licence (rock lobster) from retrieving a rock lobster pot from State waters lying outside a catch-cap area at any time of day during the summer period or winter period. (3)  In this rule – summer period means the period commencing on 1 November in any year and ending at midnight on 30 April in the following year; winter period means the period commencing on 1 May in any year and ending at midnight on 31 October in the same year. 20Rule 78 amended (Restrictions on number of rock lobster pots that may be set or used) Rule 78 of the Principal Rules is amended by omitting subrules (4) and (5) . 21Rule 86A substituted Rule 86A of the Principal Rules is rescinded and the following rule is substituted: 86APre-fishing reports The holder of a fishing licence (rock lobster) must, unless authorised to do otherwise by the Secretary, make a report to the reporting service before commencing a fishing trip to take rock lobster.

Penalty:  Grade 2 penalty.

22Rule 86B rescinded Rule 86B of the Principal Rules is rescinded. 23Rule 87 amended (Unloading reports) Rule 87 of the Principal Rules is amended as follows: (a) by omitting the penalty from subrule (1) and substituting the following penalty:

Penalty:  Grade 2 penalty.

(b) by omitting the penalty from subrule (4) and substituting the following penalty:

Penalty:  Grade 2 penalty.

24Rule 89 amended (Making reports) Rule 89 of the Principal Rules is amended by omitting the penalty and substituting the following penalty:

Penalty:  Grade 2 penalty.

25Rule 90 amended (Cancellation reports) Rule 90(2) of the Principal Rules is amended by omitting the penalty and substituting the following penalty:

Penalty:  Grade 2 penalty.

26Rule 94A insertedAfter rule 94 of the Principal Rules , the following rule is inserted in Division 2: 94AUnauthorised possession of unused dockets (1)  A person must not have possession of an unused docket unless that docket was issued to the person and the person holds a fishing licence (rock lobster), fish processing licence or handling licence.

Penalty:  Grade 3 penalty.

(2)  Subrule (1) does not apply to a person who is acting as the agent of another person (the principal) if the unused docket was issued to the principal and the principal holds a fishing licence (rock lobster), fish processing licence or handling licence. (3)  In this rule – unused docket means any of the following: (a) commercial rock lobster quota docket; (b) commercial rock lobster and giant crab direct sales quota docket; (c) commercial rock lobster and giant crab sales receipt; (d) rock lobster catch record; (e) fish dispatch book; (f) fish receipt book. 27Schedule 1 amended (Ports of Landing) Schedule 1 to the Principal Rules is amended as follows: (a) by inserting the following paragraph after paragraph (i) in clause 1 : (ia) the wharf known as the Craig Moyston wharf at Stanley; (b) by inserting the following paragraph after paragraph (b) in clause 3 : (ba) the wharf known as the Craig Moyston wharf at Dover; 28Schedule 2 substituted Schedule 2 to the Principal Rules is rescinded and the following Schedule is substituted: Schedule 2Number of Rock Lobster Pots According to Length of Vessel

Rule 75A

Length of vessel	Maximum number of rock lobster pots
1.	Less than 6 metres	0
2.	6 or more metres but less than 7 metres	19
3.	7 or more metres but less than 8 metres	21
4.	8 or more metres but less than 9 metres	23
5.	9 or more metres but less than 10 metres	25
6.	10 or more metres but less than 10.5 metres	28
7.	10.5 or more metres but less than 14 metres	34
8.	14 or more metres but less than 15 metres	36
9.	15 or more metres but less than 16 metres	38
10.	16 or more metres but less than 17 metres	41
11.	17 or more metres but less than 18 metres	46
12.	18 or more metres	50

29Schedule 3 amended (Infringement Notice Offences and Penalties) Schedule 3 to the Principal Rules is amended as follows: (a) by inserting after item 68 the following:

68M.  56(1A) 4

(b) by inserting after item 70 the following:

70M.	59A(2)	5
70N.	59A(3)	5

(c) by omitting item 84 and substituting the following:

84.  67 5

(d) by inserting after item 95 the following:

95M.  72A(1) 10

(e) by inserting after item 98 the following:

98M.  74(2A) 5

(f) by inserting after item 107 the following:

107M.	77A(1)	5
107N.	77B(1)	5

(g) by omitting item 136 ; (h) by inserting after item 146 the following:

146M.	94A(1)	5
146N.	94A(2)	5

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

Notified in the Gazette on 24 February 2017

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) revising provisions relating to the transfer of quota units and rock lobster pots; and (b) making new provision for the carry-over of partially caught quota units; and (c) providing tighter port of landing controls by reference to catch-cap and other fishing areas; and (d) providing an additional method for specifying a maximum number of rock lobster pots in a fishing licence (rock lobster); and (e) revising rules on the making of telephonic fishing reports; and (f) imposing certain restrictions on the possession of unused dockets in respect of the rock lobster fishery; and (g) prescribing additional wharves for landing at the ports of Dover and Stanley; and (h) creating several new offences and adjusting the penalties of several existing offences; and (i) omitting redundant provisions and effecting other minor changes by way of statute law revision.