Fisheries (Scalefish) Amendment Rules 1999 (TAS)

Fisheries (Scalefish) Amendment Rules 1999

I make the following rules under the Living Marine Resources Management Act 1995 .19 March 1999

D. E. LLEWELLYN

Minister for Primary Industries, Water and Environment

1Short titleThese rules may be cited as the Fisheries (Scalefish) Amendment Rules 1999 . 2CommencementThese rules take effect on the day on which their making is notified in the Gazette. 3Principal RulesIn these rules, the Fisheries (Scalefish) Rules 1998 are referred to as the Principal Rules. 4Rule 35A insertedAfter rule 35 of the Principal Rules , the following rule is inserted in Division 2: 35ATraps and hooks The holder of both a fishing licence (wrasse) and a fishing licence (scalefish C) may carry on a fishing vessel or use at one time – (a) up to 2 fish traps; and (b) up to 10 hooks authorised by the fishing licence (scalefish C) if any fish traps are carried on that vessel or used at one time. 5Rule 51 amended (Use of nets in recreational fisheries) Rule 51 of the Principal Rules is amended by omitting subrule (4) and substituting the following subrules: (4)  A person who is not the holder of a fishing licence (personal) must not use – (a) more than one beach seine net that is 50 metres or less in length; or (b) any beach seine net that exceeds 50 metres in length; or (c) more than 2 graball nets each of which is 50 metres or less in length; or (d) any graball net that exceeds 50 metres in length; or (e) more than one mullet net that is 25 metres or less in length.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(5)  A person, in State waters, must not possess or use a net referred to in subrule (1) , (2) or (3) unless the person is the holder of – (a) a fishing licence (personal); or (b) a fishing licence referred to in rule 7(f) authorising the use of that net.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

6Rule 64 amended (Nature of buoys) Rule 64 of the Principal Rules is amended by omitting "attach a buoy to a net" and substituting "set or use any net that requires being marked with a buoy".

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

Notified in the Gazette on 7 April 1999

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 –

(a) permit the holder of a fishing licence (wrasse) and a fishing licence (scalefish C) to use 2 fish traps and 10 hooks at the same time; and (b) make further provision in relation to setting or using nets that require markings; and (c) prohibit possession or use of certain nets without the appropriate licence.