Fisheries (Scalefish) Amendment Rules 2007 (TAS)

Fisheries (Scalefish) Amendment Rules 2007

I make the following rules under the Living Marine Resources Management Act 1995 .11 January 2007

D. E. LLEWELLYN

Minister for Primary Industries and Water

1Short titleThese rules may be cited as the Fisheries (Scalefish) Amendment Rules 2007 . 2CommencementThese rules take effect on the day on which their making is notified in the Gazette. 3Principal RulesIn these rules, the Fisheries (Scalefish) Rules 2004 are referred to as the Principal Rules. 4Rule 3 amended (Interpretation) Rule 3(1) of the Principal Rules is amended by inserting after the definition of lampara net the following definition: land, in relation to a landing net, means to remove a fish from the water after it has been caught or captured by some other means; 5Rule 14 amended (Granting of certain licences) Rule 14(2)(c) of the Principal Rules is amended by omitting "3 months" and substituting "12 months". 6Rule 37 amended (Use of squid jigs, dipnets and spears) Rule 37 of the Principal Rules is amended by omitting subrules (1) , (2) and (3) and substituting the following subrules: (1)  A person who holds a fishing licence (vessel), a fishing licence (personal) and a fishing licence (scalefish C) at the same time may – (a) carry on a fishing vessel squid jigs, landing nets and one hand-held dipnet; and (b) use the squid jigs and the hand-held dipnet to take scalefish; and (c) use the landing nets to land scalefish. (2)  A person who holds a fishing licence (vessel), a fishing licence (personal) and a fishing licence (rock lobster) at the same time may – (a) carry on a fishing vessel squid jigs, landing nets and 2 hand-held dipnets; and (b) use the squid jigs and the hand-held dipnets to take scalefish; and (c) use the landing nets to land scalefish. (3)  A person who holds a commercial fishing licence other than a licence specified in subrule (1) or (2) may – (a) carry on a fishing vessel squid jigs, landing nets, hand-held dipnets and spears; and (b) use the squid jigs, hand-held dipnets and spears to take scalefish; and (c) use the landing nets to land scalefish. 7Rule 91A insertedAfter rule 91 of the Principal Rules , the following rule is inserted in Division 2: 91ARestriction on commercial use of landing nets In taking scalefish under the authority of a commercial fishing licence, a person must not use a landing net except to land the fish.

Penalty:  Grade 2 penalty.

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

Notified in the Gazette on 24 January 2007

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

EXPLANATORY NOTE

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

(a) extending, from 3 months to 12 months, the time allowed for the renewal of certain commercial fishing licences; and (b) prohibiting the use of landing nets by commercial licence holders as a primary means of taking scalefish.