Fisheries (Scalefish) Amendment Rules 2000 (TAS)

Fisheries (Scalefish) Amendment Rules 2000

I make the following rules under the Living Marine Resources Management Act 1995 .8 August 2000

D. E. LLEWELLYN

Minister for Primary Industries, Water and Environment

1Short titleThese rules may be cited as the Fisheries (Scalefish) Amendment Rules 2000 . 2Commencement (1)  Rules 7 , 8 , 9 , 10 and 13 take effect on 1 November 2000. (2)  The remaining provisions of these rules take effect on the day on which the making of these rules is notified in the Gazette. 3Principal RulesIn these rules, the Fisheries (Scalefish) Rules 1998 are referred to as the Principal Rules. 4Rule 3 amended (Interpretation) Rule 3 of the Principal Rules is amended as follows: (a) by omitting the definition of flounder net ; (b) by inserting the following definition after the definition of seine net : set means to place or attempt to place in State waters; (c) by inserting the following definition after the definition of small mesh gillnet : snapper means fish of the species Chrysophrys auratus; (d) by inserting the following definition after the definition of squid jig : standard time means the time declared to be standard time under the Standard Time Act 1895 ; (e) by inserting the following definition after the definition of Taroona waters : Tasmanian summer time means one hour in advance of standard time as specified in the Daylight Saving Act 1968 ; (f) by omitting "Notolabrus." from the definition of wrasse and substituting "Notolabrus;"; (g) by inserting the following definition after the definition of wrasse : yellowtail kingfish means fish of the species Seriola lalandi. 5Rule 41 substituted Rule 41 of the Principal Rules is rescinded and the following rule is substituted: 41Small mesh gillnet endorsement The holder of a fishing licence (personal) that is endorsed for the use of a small mesh gillnet must not carry on a fishing vessel or use – (a) more than 600 metres of small mesh gillnet; or (b) a small mesh gillnet that exceeds 200 metres in length; or (c) more small mesh gillnet and graball net, the combined length of which exceeds the length of the greater of either the length of graball net authorised by a scalefish licence operated by that holder or small mesh gillnet authorised to be used.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

6Rule 43 rescinded Rule 43 of the Principal Rules is rescinded. 7Rule 60 amended (Mullet nets) Rule 60 of the Principal Rules is amended by omitting subrule (1) and substituting the following subrule: (1)  A person must not set a mullet net over rocky bottom.

Penalty:  Fine not exceeding the Grade 1 penalty.

8Rule 63 amended (Marking of nets) Rule 63 of the Principal Rules is amended as follows: (a) by inserting in subrule (3) "for commercial purposes" after "graball net"; (b) by omitting subrule (4) . 9Rule 63A insertedAfter rule 63 of the Principal Rules , the following rule is inserted in Division 1: 63AMarking recreational gillnet A person using a recreational gillnet must ensure that the gillnet – (a) if used in shark nursery waters, is marked at one end with a white buoy with a diameter of at least 200mm and at the other end with a marker buoy of at least 200mm diameter; or (b) if used in any other waters, is marked with a white marker buoy of at least 200mm diameter and another buoy of at least 200mm diameter.

Penalty:  Fine not exceeding the applicable Grade 1 penalty.

10Rules 70 , 70A and 70B insertedAfter rule 69 of the Principal Rules , the following rules are inserted in Division 1: 70Setting of gillnets during Tasmanian summer time (1)  A person must not leave a recreational gillnet in State waters during Tasmanian summer time for more than 14 hours without removing it from the water.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(2)  A person setting a recreational gillnet after 6am and before 6pm on the same day during Tasmanian summer time must ensure that the net is removed from the water by 8pm on that day.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(3)  A person setting a recreational gillnet after 6pm on one day and before 6am on the following day during Tasmanian summer time must ensure that the net is removed from the water by 8am on that following day.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(4)  A person setting a recreational gillnet must ensure that a net set after 6am and before 6pm on the same day during Tasmanian summer time is marked with 2 white buoys each with a diameter of at least 200 mm.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(5)  A person setting a recreational gillnet must ensure that a net set after 6pm on one day and before 6am on the following day during Tasmanian summer time is marked with one red buoy and one white buoy each with a diameter of at least 200mm.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(6)  A person must not leave a recreational gillnet in State waters between 8pm on one day and 6am on the following day during Tasmanian summer time unless it is marked with one white buoy and one red buoy each with a diameter of at least 200mm.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(7)  A person must not leave a recreational gillnet in State waters between 8am and 6pm on the same day during Tasmanian summer time unless it is marked with 2 white buoys each with a diameter of at least 200mm.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(8)  In any proceedings for an offence under this rule, it is a defence to prove that at the time of the offence weather or sea conditions prevented the safe collection of the net. 70ASetting of gillnets during standard time (1)  A person must not leave a recreational gillnet in State waters during standard time for more than 17 hours without removing it from the water.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(2)  A person setting a recreational gillnet after 6am and before 4pm on the same day during standard time must ensure that the net is removed from the water by 8pm on that day.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(3)  A person setting a recreational gillnet after 4pm on one day and before 6am on the following day during standard time must ensure that the net is removed from the water by 9am on that following day.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(4)  A person setting a recreational gillnet must ensure that a net set after 6am and before 4pm on the same day during standard time is marked with 2 white buoys each with a diameter of at least 200mm.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(5)  A person setting a recreational gillnet must ensure that a net set after 4pm on one day and before 6am on the following day during standard time is marked with one red buoy and one white buoy each with a diameter of at least 200mm.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(6)  A person must not leave a recreational gillnet in State waters between 8pm on one day and 6am on the following day during standard time unless it is marked with one red buoy and one white buoy each with a diameter of at least 200mm.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(7)  A person must not leave a recreational gillnet in State waters between 9am and 4pm on the same day during standard time unless it is marked with 2 white buoys each with a diameter of at least 200mm.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(8)  In any proceedings for an offence under this rule, it is a defence to prove that at the time of the offence weather or sea conditions prevented the safe collection of the net. 70BMarking of nets (1)  A person using a recreational gillnet must ensure that – (a) there are no more than 2 white buoys with a diameter greater than 200mm attached to the gillnet; and (b) the total number of red buoys with a diameter greater than 200mm and white buoys with a diameter greater than 200mm is 2; and (c) when set, the gillnet is in the water and the buoys float on the surface; and (d) all red buoys and white buoys with a diameter greater than 200 mm are spherical and designed as buoys.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(2)  A fisheries officer may mark any net. (3)  A person may not set a net that has a mark of a fisheries officer attached.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

11Rule 93 amended (Use of small mesh gillnets) Rule 93 of the Principal Rules is amended by omitting subrule (3) and substituting the following subrule: (3)  The holder of a fishing licence (small mesh gillnet) and a scalefish licence must not carry on a fishing vessel or use more small mesh gillnet and graball net, the combined length of which exceeds the length of the greater of either the length of graball net or small mesh gillnet authorised to be used.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

12Rule 108A insertedAfter rule 108 of the Principal Rules , the following rule is inserted in Division 2: 108ALimits on taking or possessing certain finfish The holder of a fishing licence (personal) must not, in State waters, take or have possession of more than a combined weight of 250 kilograms of the following fish: (a) striped trumpeter; (b) snapper; (c) yellowtail kingfish.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

13Rule 112A insertedAfter rule 112 of the Principal Rules , the following rule is inserted in Division 2: 112ATaking or possessing striped trumpeter A person must not, in State waters, take or have possession of more than 5 striped trumpeter unless the person is the holder of – (a) a fishing licence (personal); or (b) an appropriate Commonwealth authority.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

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

Notified in the Gazette on 16 August 2000

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 prescribe –

(a) marking requirements for recreational gillnets; and (b) requirements relating to maximum soak times for recreational gillnets; and (c) requirements relating to length of nets carried or used on fishing vessels; and (d) limits on taking and possessing certain finfish.