Fisheries (Scallop) Amendment Rules 2008 (TAS)

Fisheries (Scallop) Amendment Rules 2008

I make the following rules under the Living Marine Resources Management Act 1995 .18 February 2008

D. E. LLEWELLYN

Minister for Primary Industries and Water

1Short titleThese rules may be cited as the Fisheries (Scallop) Amendment Rules 2008 . 2CommencementThese rules take effect on the day on which their making is notified in the Gazette. 3Principal RulesIn these rules, the Fisheries (Scallop) Rules 2005 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 definitions of closed area (class 1) , closed area (class 2) and closed season from subrule (1) and substituting the following definitions: closed area – (a) for the commercial scallop fishery, means an area of State waters that is closed to the commercial scallop fishery under rule 8C(2) or closed to the commercial scallop fishery for methods of fishing under rule 8C(3) ; and (b) for the non-commercial scallop fishery, means an area of State waters determined under rule 8A(1) to be closed to the non-commercial scallop fishery; closed season – (a) for the commercial scallop fishery, has the meaning given in rule 8B(2) ; and (b) for the non-commercial scallop fishery, means the closed season specified in rule 8(b) or otherwise determined under rule 8 ; commercial scallop fishery means the part of the scallop fishery comprising the taking or possession of scallops for commercial purposes; (b) by omitting " rule 8 " from the definition of fishing period in subrule (1) and substituting " rule 8B "; (c) by inserting the following definition after the definition of immediate proximity in subrule (1) : land means to bring scallops ashore or in contact with a pier, jetty or other artificial extension of land; (d) by inserting the following definition after the definition of licence quota amount in subrule (1) : MAST means the Marine and Safety Authority established under the Marine and Safety Authority Act 1997 ; (e) by omitting "see rule 17 " from the definition of minimum size in subrule (1) and substituting "see Schedule 3A "; (f) by omitting the definition of open season from subrule (1) and substituting the following definitions: non-commercial scallop fishery means the part of the scallop fishery comprising the following activities: (a) the taking or possession of scallops by the holder of a recreational scallop licence under the authority of that licence; (b) the taking or possession of scallops by an Aborigine engaged in an Aboriginal activity; open season – (a) for the commercial scallop fishery, means the open season determined under rule 8B(1) ; and (b) for the non-commercial scallop fishery, means the open season specified in rule 8(a) , or otherwise determined under rule 8 ; (g) by inserting "at midnight" after "ending" in the definition of quota year in subrule (1) ; (h) by omitting the definition of scallop limited area from subrule (1) and substituting the following definition: scallop dredging prohibited area means an area of State waters specified in Column 2 (and as described in Column 3) of the table in Schedule 2 ; (i) by omitting the definition of scallop spat from subrule (1) and substituting the following definitions: scallop spat – see clause 2 of Part 1 of Schedule 3A ; scallop survey means a scallop survey approved under rule 17 ; scallop vessel exclusion zone means a specified area of State waters determined to be a scallop vessel exclusion zone under rule 8C(4) ; (j) by omitting the definition of undersize scallop from subrule (1) ; (k) by inserting the following definition after the definition of unloading in subrule (1) : vessel monitoring system has the same meaning as in rule 3 of the Fisheries Rules 1999 ; (l) by inserting the following subrule after subrule (4) : (5)  In these rules, a reference to a fishing licence (recreational scallop) is taken to include a reference to a fishing licence (recreational scallop dive). 5Rule 7 amended (Classes of fishing licence) Rule 7 of the Principal Rules is amended by omitting paragraph (b) and substituting the following paragraph: (b) class recreational, fishing licence (recreational scallop); 6Rules 8 and 9 substituted Rules 8 and 9 of the Principal Rules are rescinded and the following rules are substituted: 8Closed and open seasons for non-commercial scallop fishery Unless the Minister, by public notice, determines otherwise – (a) the open season for the non-commercial scallop fishery is the period commencing on the Saturday immediately preceding Good Friday in a year and ending at midnight on 31 July in the same year; and (b) the closed season for the non-commercial scallop fishery is the period commencing on 1 August in a year and ending at midnight on the Friday immediately preceding Good Friday in the following year. 8AClosed and open areas for non-commercial scallop fishery (1)  The Minister, by public notice, may determine specified areas of State waters to be closed to the non-commercial scallop fishery. (2)  All areas of State waters that are not determined to be closed under subrule (1) are open to the non-commercial scallop fishery. 8BClosed and open seasons for commercial scallop fishery (1)  The Minister, by public notice, may determine – (a) the dates of the open season for the commercial scallop fishery; and (b) the number of fishing periods, if any, that will make up the open season for the commercial scallop fishery; and (c) if fishing periods are determined under paragraph (b), the dates of each of those fishing periods. (2)  The closed season for the commercial scallop fishery is taken to be the season or periods that fall outside the open season determined under subrule (1)(a) . 8CClosed and open areas for commercial scallop fishery (1)  The Minister, by public notice, may – (a) determine specified areas of State waters to be open to the commercial scallop fishery; and (b) determine specified areas of State waters to be open to the commercial scallop fishery for a method of fishing; and (c) specify the amount of scallops that may be taken or possessed from an area determined to be open under paragraph (a) or (b) . (2)  All areas of State waters that are not determined to be open under subrule (1)(a) or open for a method of fishing under subrule (1)(b) are closed to the commercial scallop fishery. (3)  An area of State waters that is determined to be open for a method of fishing under subrule (1)(b) is closed to the commercial scallop fishery for all methods of fishing other than the method to which the determination relates. (4)  The Minister, by public notice, may also determine specified areas of State waters to be scallop vessel exclusion zones. 9Restriction on taking scallops during closed season for commercial scallop fishery (1)  The holder of a fishing licence (scallop) must not take scallops from State waters during a closed season for the commercial scallop fishery.

Penalty:  Grade 3 penalty.

(2)  It is a defence in proceedings for an offence under subrule (1) if the defendant establishes that, at the relevant time, he or she was acting under the authority of a scallop survey. 9ARestriction on possessing scallops during closed season for commercial scallop fishery (1)  A person must not be in possession of scallops during a closed season for the commercial scallop fishery.

Penalty:  Grade 3 penalty.

(2)  It is a defence in proceedings for an offence under subrule (1) if the defendant establishes that the scallops in respect of which the offence is alleged to have been committed were – (a) imported into the State; or (b) taken, bought or sold – (i) during an open season for the commercial scallop fishery; or (ii) under a Commonwealth authority to take scallops from Commonwealth waters; or (iii) as part of a scallop survey; or (c) in the defendant’s possession – (i) during an open season for the commercial scallop fishery; or (ii) under a Commonwealth authority to take scallops from Commonwealth waters; or (d) taken during the open season for the non-commercial scallop fishery by – (i) the holder of a recreational scallop licence; or (ii) an Aborigine engaged in an Aboriginal activity. (3)  It is also a defence in proceedings for an offence under subrule (1) if the defendant establishes that, at the relevant time, he or she was acting under the authority of – (a) a marine farming licence authorising the marine farming of scallops; or (b) a fishing licence (scallop spat collection). 7Rule 10 amended (Taking or possessing scallops during open season) Rule 10 of the Principal Rules is amended as follows: (a) by omitting paragraph (b) from subrule (1) and substituting the following paragraph: (b) the person is the holder of a fishing licence (recreational scallop); or (b) by omitting from subrule (1)(c) "undertaking" and substituting "an Aborigine engaged in"; (c) by omitting from subrule (1)(c) "cultural"; (d) by omitting from the penalty under subrule (1) "Fine not exceeding the applicable"; (e) by omitting subrule (2) and substituting the following subrule: (2)  It is a defence in proceedings for an offence under subrule (1) if the defendant establishes that, at the relevant time, he or she was acting under the authority of – (a) a marine farming licence authorising the marine farming of scallops; or (b) a fishing licence (scallop spat collection). 8Rules 10A and 10B insertedAfter rule 10 of the Principal Rules , the following rules are inserted in Part 2: 10ARestriction on taking or possessing scallops in closed area for commercial scallop fishery (1)  The holder of a fishing licence (scallop) must not take scallops in a closed area for the commercial scallop fishery.

Penalty:  Grade 3 penalty.

(2)  The holder of a fishing licence (scallop) must not, in a specified area of State waters, take or be in possession of more than the amount of scallops specified by the Minister under rule 8C(1)(c) for that area of State waters.

Penalty:  Grade 3 penalty.

(3)  It is a defence in proceedings for an offence under subrule (1) if the defendant establishes that, at the relevant time, he or she was acting under the authority of a scallop survey. 10BRestriction on taking or possessing scallops for non-commercial scallop fishery A person who is not the holder of a fishing licence (scallop) must not – (a) take scallops from State waters during the closed season for the non-commercial scallop fishery; or (b) be in possession of scallops in any area of State waters during the closed season for the non-commercial scallop fishery; or (c) during the open season for the non-commercial scallop fishery, take scallops in a closed area for the non-commercial scallop fishery; or (d) during the open season for the non-commercial scallop fishery, be in possession of scallops while swimming or diving in a closed area for the non-commercial scallop fishery.

Penalty:  Grade 3 penalty.

9Rule 11 amended (Maximum amount of scallops for commercial scallop fishery) Rule 11 of the Principal Rules is amended as follows: (a) by omitting from the penalty under subrule (2) "Fine not exceeding the applicable"; (b) by inserting the following subrule after subrule (2) : (2A)  The holder of a fishing licence (scallop) is not guilty of an offence under subrule (2) if – (a) the licence quota amount for the quota year is not exceeded by more than 15 000 kilograms; and (b) the deduction under rule 12(1) in respect of the excess licence quota amount for the quota year is made before the start of the open season for the commercial scallop fishery immediately following the end of that quota year. (c) by omitting from subrule (3) "is to" and substituting "may"; (d) by omitting from the penalty under subrule (4) "Fine not exceeding the applicable"; (e) by omitting subrules (5) , (6) and (7) and substituting the following subrules: (5)  The holder of a fishing licence (scallop) is not guilty of an offence under subrule (4)(a) if – (a) the amount of scallops taken in the fishing period or fishing periods in aggregate does not exceed the proportion of the licence quota amount specified under subrule (3)(a) by more than 15 000 kilograms; and (b) the deduction under rule 12(2) in respect of the excess licence quota amount for the fishing period or periods in aggregate is made before the start of the open season for the commercial scallop fishery immediately following the open season in which that fishing period or periods occur. (6)  The holder of a fishing licence (scallop) is not guilty of an offence under subrule (4)(b) if – (a) the amount of scallops taken or possessed during the fishing trip, in the fishing period or fishing periods in aggregate, does not exceed the maximum amount specified under subrule (3)(b) by more than 50%; and (b) the deduction under rule 12(3) in respect of the excess quantity of scallops is made before the start of the open season for the commercial scallop fishery immediately following the open season in which that fishing period or periods occur. 10Rule 11A insertedAfter rule 11 of the Principal Rules , the following rule is inserted in Part 2: 11AMaximum amount of scallops for non-commercial scallop fishery (1)  A person who is not the holder of a fishing licence (scallop) must not, in any one day in State waters, take, or be in possession of, more than – (a) 50 scallops; or (b) if the Minister by public notice has set a lower number of scallops for the purposes of this subrule, that lower number of scallops.

Penalty:  Grade 3 penalty.

(2)  A person must not be in possession of more than 100 whole scallops unless the person is the holder of a licence that authorises the person to be in possession of more than that number of whole scallops.

Penalty:  Grade 3 penalty.

(3)  A person must not be in possession of more than 3 kilograms of scallop meat unless the person is the holder of a licence that authorises the person to be in possession of more than 3 kilograms of scallop meat.

Penalty:  Grade 3 penalty.

(4)  It is a defence in proceedings for an offence under subrules (2) and (3) if the defendant establishes that the scallops or scallop meat were purchased from a fish merchant or retail outlet. 11Rule 12 amended (Overrun provisions for commercial scallop fishery) Rule 12 of the Principal Rules is amended as follows: (a) by omitting subrule (1) and substituting the following subrule: (1)  The Minister is to ensure that any quantity of scallops taken under a fishing licence (scallop) in a quota year, in excess of the licence quota amount for that quota year, is deducted in accordance with Part 1 of Schedule 3 from the licence quota amount for – (a) the current quota year; or (b) if the licence quota amount for the current quota year is insufficient to apply the deduction in full, the next quota year. (b) by omitting from subrule (4) "a part of the fishery" and substituting "a specified area of State waters"; (c) by omitting from subrule (4) " rule 17(1)(e) " and substituting " rule 8C(1)(c) "; (d) by omitting from subrule (4) "part of the fishery" second occurring and substituting "area"; (e) by inserting "for the commercial scallop fishery" after "season" in the definition of next quota year in subrule (5) . 12Rule 13 amended (Research quota units for commercial scallop fishery) Rule 13 of the Principal Rules is amended as follows: (a) by omitting from the penalty under subrule (4) "Fine not exceeding the applicable"; (b) by inserting the following subrule after subrule (6) : (7)  Unless approved by the Minister, the Secretary is not to allocate more than 100 tonnes of research quota units in a quota year. 13Rule 14 amended (Quota unit balance for commercial scallop fishery) Rule 14 of the Principal Rules is amended as follows: (a) by omitting from subrule (1) "open season" and substituting "quota year"; (b) by omitting from the penalty under subrule (1) "Fine not exceeding the applicable"; (c) by omitting from the penalty under subrule (2) "Fine not exceeding the applicable". 14Rule 15 amended (Taking scallops smaller than minimum size) Rule 15 of the Principal Rules is amended as follows: (a) by omitting "undersize scallops" first occurring and substituting "scallops that are smaller than the minimum size"; (b) by omitting from paragraph (b) "undersize scallops taken" and substituting "scallops taken that are smaller than the minimum size"; (c) by omitting from the penalty "Fine not exceeding the applicable". 15Rule 16 amended (Possessing scallops smaller than minimum size) Rule 16 of the Principal Rules is amended as follows: (a) by omitting "undersize scallops taken from the wild" and substituting "scallops that are smaller than the minimum size"; (b) by omitting from paragraph (b) "undersize scallops" and substituting "scallops that are smaller than the minimum size"; (c) by omitting from paragraph (c) "undersize scallops" and substituting "scallops that are smaller than the minimum size"; (d) by inserting in paragraph (c) "or retail outlet" after "merchant"; (e) by omitting from the penalty "Fine not exceeding the applicable". 16Rule 17 substituted Rule 17 of the Principal Rules is rescinded and the following rule is substituted: 17Scallop surveys (1)  The Secretary may give the holder of a fishing licence (scallop) approval to conduct a scallop survey during a quota year. (2)  An approval under subrule (1) is to be in writing and is to specify the following: (a) the dates during which the survey is to be conducted; (b) the areawhere the survey is to be conducted; (c) the area, if any, where a scallop dredge may be deployed to conduct the survey; (d) the amount of scallops from the licensee’s licence quota amount that may be taken and possessed during the scallop survey; (e) the data required to be collected during the scallop survey and the manner of recording that data and providing it to the Secretary; (f) such other information as the Secretary determines. (3)  An approval under subrule (1) is subject to the following conditions: (a) that the licensee collect, record and provide to the Secretary the required data; (b) unless specifically permitted in the approval, that the licensee not deploy a scallop dredge in a closed area for the commercial scallop fishery; (c) unless specifically permitted in the approval, that the licensee not enter a scallop vessel exclusion zone; (d) that the licensee, if and when requested, allow an approved person on board the fishing vessel to observe the scallop survey activities; (e) any other condition specified in the approval. (4)  The holder of a fishing licence (scallop) must not contravene or allow another person to contravene a condition of a scallop survey.

Penalty:  Grade 3 penalty.

17Rule 18 amended (Entering scallop vessel exclusion zone) Rule 18 of the Principal Rules is amended as follows: (a) by omitting from subrule (1) "closed area (class 1)" and substituting "scallop vessel exclusion zone"; (b) by omitting from the penalty under subrule (1) "Fine not exceeding the applicable"; (c) by omitting from subrule (2) "closed area (class 1)" and substituting "scallop vessel exclusion zone"; (d) by omitting from the penalty under subrule (2) "Fine not exceeding the applicable"; (e) by omitting subrule (3) and substituting the following subrules: (3)  It is a defence in proceedings for an offence under subrule (1) if the defendant establishes that – (a) the safety of the vessel or crew would have been at risk had it not entered the scallop vessel exclusion zone; or (b) at the relevant time, he or she was acting under the authority of a scallop survey. (3A)  It is a defence in proceedings for an offence under subrule (2) if the defendant establishes that the safety of the vessel or crew would have been at risk had it not entered the scallop vessel exclusion zone. 18Rule 19 substituted Rule 19 of the Principal Rules is rescinded and the following rule is substituted: 19Taking scallops in scallop dredging prohibited area or shallow waters (1)  The holder of a fishing licence (scallop) must not take scallops in – (a) a scallop dredging prohibited area; or (b) State waters that are less than 20 metres deep.

Penalty:  Grade 3 penalty.

(2)  Subrule (1) does not apply to the holder of a fishing licence (scallop) who takes scallops by hand collection or diving in a scallop dredging prohibited area if the Minister, under rule 8C(1)(b) , has determined that area to be open to the commercial scallop fishery for that method of fishing. 19Rules 22 and 23 substituted Rules 22 and 23 of the Principal Rules are rescinded and the following rules are substituted: 22Possessing scallop dredges (1)  A person must not be in possession of a scallop dredge in State waters unless the person is – (a) the holder of a fishing licence (scallop) that is endorsed for participation in the scallop fishery at that time and is not deactivated; or (b) the holder of a fishing licence (scallop) and acting under the authority of a scallop survey; or (c) a Bass Strait scallop fisher undertaking a Bass Strait scallop trip during an open season for the Bass Strait Central Zone Scallop Fishery and the scallop dredge is on board the fishing vessel.

Penalty:  Grade 3 penalty.

(2)  Despite subrule (1) , a person may be in possession of the tipper of a scallop dredge on board a fishing vessel while the fishing vessel is in State waters if that person has the written approval of the Secretary. (3)  The holder of a fishing licence (scallop) must not, without the written approval of the Secretary, be in possession of a scallop dredge in State waters unless the licensee’s fishing vessel has been fitted with a vessel monitoring system.

Penalty:  Grade 3 penalty.

23Scallop dredging prohibited in certain areas (1)  A person must not deploy or use a scallop dredge in – (a) a scallop dredging prohibited area; or (b) State waters that are less than 20 metres deep; or (c) a closed area for the commercial scallop fishery.

Penalty:  Grade 3 penalty.

(2)  Despite subrule (1), the holder of a fishing licence (scallop) may deploy a scallop dredge while in the immediate proximity of a port for the purpose of maintenance if – (a) the dredge does not come into contact with the seabed; and (b) the licence holder has written approval from a fisheries officer. (3)  It is a defence in proceedings for an offence under subrule (1)(a) , (b) or (c) if the defendant establishes that, at the relevant time, he or she was acting in accordance with a written authorisation from MAST to deploy or use a scallop dredge for the purpose of promoting a navigable channel. (4)  It is a defence in proceedings for an offence under subrule (1)(c) if the defendant establishes that, at the relevant time, he or she was acting under the authority of a scallop survey. 20Rule 24 amended (Possessing scallop dredges in scallop vessel exclusion zone) Rule 24 of the Principal Rules is amended as follows: (a) by omitting from subrule (1) "closed area (class 1)" and substituting "scallop vessel exclusion zone"; (b) by omitting from the penalty under subrule (1) "Fine not exceeding the applicable"; (c) by omitting from subrule (2) "closed area (class 1)" and substituting "scallop vessel exclusion zone"; (d) by inserting the following subrule after subrule (2) : (3)  It is a defence in proceedings for an offence under subrule (1) if the defendant establishes that, at the relevant time, he or she was acting under the authority of a scallop survey. 21Rule 25 rescinded Rule 25 of the Principal Rules is rescinded. 22Rules 26 and 27 substituted Rules 26 and 27 of the Principal Rules are rescinded and the following rules are substituted: 26Possessing scallop dredges during closed season (1)  The holder of a fishing licence (scallop) must not be in possession of a scallop dredge in State waters during a closed season for the commercial scallop fishery.

Penalty:  Grade 3 penalty.

(2)  Subrule (1) does not apply if the scallop dredge is on board a fishing vessel that – (a) is returning to a port of landing within 48 hours after the end of the open season; or (b) is leaving a port within 48 hours before the start of the open season; or (c) is in port or on a mooring and not undertaking a fishing trip. (3)  Despite subrule (1) , a person may have the tipper of a scallop dredge on board a fishing vessel while the fishing vessel is in State waters during a closed season if that person has the written approval of the Secretary. (4)  It is a defence in proceedings for an offence under subrule (1) if the defendant establishes that, at the relevant time, he or she was acting under the authority of a scallop survey. 27Specifications for scallop dredges (1)  The holder of a fishing licence (scallop) must not deploy or use a scallop dredge in State waters unless – (a) the width of the scallop dredge, measured from the outer edges of the dredge, is less than 4.5 metres; and (b) if a tooth bar is used with the dredge – (i) it is fixed above the sledge runners of the dredge; and (ii) the distance between the teeth is no less than 50 millimetres; and (iii) the teeth project no more than 100 millimetres below the sledge runners of the dredge; and (c) if a lip is used with the dredge, the lip projects no more than 50 millimetres below the sledge runners of the dredge.

Penalty:  Grade 3 penalty.

(2)  Except with the written approval of the Secretary, the holder of a fishing licence (scallop) must not cause or permit more than one scallop dredge to be deployed or used from a fishing vessel.

Penalty:  Grade 2 penalty.

23Rule 29 amended (Carrying copy of licence) The penalty under rule 29 of the Principal Rules is amended by omitting "Fine not exceeding the applicable". 24Rule 31A insertedAfter rule 31 of the Principal Rules , the following rule is inserted in Division 1: 31ARestriction on granting subsequent licences (1)  This rule applies if a person holding a fishing licence (scallop) – (a) allows the licence to expire; and (b) does not, within the period of 12 months commencing on the date of the expiry, apply under section 77 of the Act for the grant of a further licence of the same kind. (2)  The person is not eligible to be granted a further fishing licence (scallop). 25Rule 33 amended (Minimum and maximum holdings) Rule 33 of the Principal Rules is amended as follows: (a) by omitting from the penalty under subrule (1) "Fine not exceeding the applicable"; (b) by omitting from the penalty under subrule (3) "Fine not exceeding the applicable"; (c) by omitting from the penalty under subrule (4) "Fine not exceeding the applicable". 26Rule 36 amended (Pre-fishing reports) Rule 36 of the Principal Rules is amended as follows: (a) by inserting "or to conduct a scallop survey" after "scallops"; (b) by omitting from the penalty "Fine not exceeding the applicable". 27Rule 37 substituted Rule 37 of the Principal Rules is rescinded and the following rule is substituted: 37Port entry reports (1)  The holder of a fishing licence (scallop) must, at least two hours before entering the immediate proximity of a port of landing, make a report to the reporting service.

Penalty:  Grade 3 penalty.

(2)  It is a defence in proceedings for an offence under subrule (1) if the defendant establishes that he or she entered the immediate proximity of the port of landing in compliance with a direction of a fisheries officer. (3)  The holder of a fishing licence (scallop) who is in possession of scallops on a fishing vessel – (a) must not unload any of those scallops unless a report has been made to the reporting service under subrule (1)  – (i) if the scallops are to be unloaded at a port of landing outside the State between 9 p.m. on any day and 6 a.m. the following day, at least 12 hours before the unloading commences; or (ii) in any other case, at least 2 hours before the unloading commences; and (b) must make an additional report to the reporting service – (i) in respect of any partial unloading of scallops that occurs 5 or more hours after the initial unloading commenced; and (ii) at least 30 minutes before commencing the partial unloading of the scallops.

Penalty:  Grade 2 penalty.

28Rule 38 amended (Movement reports) The penalty under rule 38 of the Principal Rules is amended by omitting "Fine not exceeding the applicable". 29Rule 40 amended (Making reports) The penalty under rule 40 of the Principal Rules is amended by omitting "Fine not exceeding the applicable". 30Rule 41 amended (Cancellation reports) The penalty under rule 41 of the Principal Rules is amended by omitting "Fine not exceeding the applicable". 31Rule 42 amended (False, misleading or incomplete information) The penalty under rule 42 of the Principal Rules is amended by omitting "Fine not exceeding the applicable". 32Rule 43 amended (Provision of receipt numbers) The penalty under rule 43 of the Principal Rules is amended by omitting "Fine not exceeding the applicable". 33Rule 44 amended (Scallop quota dockets) Rule 44 of the Principal Rules is amended as follows: (a) by omitting from the penalty under subrule (1) "Fine not exceeding the applicable"; (b) by omitting from the penalty under subrule (3) "Fine not exceeding the applicable"; (c) by omitting from the penalty under subrule (4) "Fine not exceeding the applicable". 34Rule 45 amended (Completed scallop quota dockets) Rule 45 of the Principal Rules is amended as follows: (a) by omitting from the penalty under subrule (1) "Fine not exceeding the applicable"; (b) by omitting from the penalty under subrule (2) "Fine not exceeding the applicable"; (c) by omitting from the penalty under subrule (3) "Fine not exceeding the applicable". 35Rule 46 amended (Conflicts of interest) Rule 46 of the Principal Rules is amended as follows: (a) by omitting from the penalty under subrule (1) "Fine not exceeding the applicable"; (b) by omitting from the penalty under subrule (2) "Fine not exceeding the applicable"; (c) by omitting from the penalty under subrule (3) "Fine not exceeding the applicable". 36Rule 47 amended (Scallop processor returns) Rule 47 of the Principal Rules is amended as follows: (a) by omitting from subrule (1) "within 48 hours after processing any scallops" and substituting "within 7 days after the end of the month in which any scallops have been processed under the licence"; (b) by omitting from the penalty under subrule (1) "Fine not exceeding the"; (c) by omitting from subrule (2) "by public notice specifies" and substituting "notifies the holder of a fish processing licence in writing of"; (d) by omitting from the penalty under subrule (2) "Fine not exceeding the". 37Rule 48 amended (Scallop catch records) The penalty under rule 48(1) of the Principal Rules is amended by omitting "Fine not exceeding the applicable". 38Rule 49 amended (Removing scallops from shells and possession of scallop meat) Rule 49 of the Principal Rules is amended as follows: (a) by omitting from the penalty under subrule (1) "Fine not exceeding the applicable"; (b) by omitting from subrule (2)(b)(i) "5 kilograms" and substituting "3 kilograms"; (c) by inserting the following subrule after subrule (2) : (2A)  Subrule (1) does not apply to the holder of a fishing licence (recreational scallop) if – (a) he or she is in possession of the scallop meat while on board a vessel; and (b) none of the scallop meat is landed; and (c) the shells of all scallops from which the scallop meat has been removed are landed; and (d) those shells are included in the daily maximum amount of scallops permitted for the holder of a fishing licence (recreational scallop) under rule 11A(1) . (d) by omitting from subrule (3) " Subrule (1)(a) " and substituting " Subrule (1) "; (e) by omitting from the penalty under subrule (5) "Fine not exceeding the applicable"; (f) by omitting from the penalty under subrule (6) "Fine not exceeding the applicable"; (g) by omitting from the penalty under subrule (7) "Fine not exceeding the applicable". 39Rule 50 amended (Transferring scallops from one vessel to another vessel) The penalty under rule 50 of the Principal Rules is amended by omitting "Fine not exceeding the applicable". 40Rule 51 amended (Certain vessels not to be used for taking scallops) The penalty under rule 51 of the Principal Rules is amended by omitting "Fine not exceeding the applicable". 41Rule 52 amended (Divers taking scallops) The penalty under rule 52 of the Principal Rules is amended by omitting "Fine not exceeding the applicable". 42Rule 53 amended (Identifying unloaded scallops) The penalty under rule 53 of the Principal Rules is amended by omitting "Fine not exceeding the applicable". 43Rule 54 amended (Unloading at port of landing) Rule 54 of the Principal Rules is amended as follows: (a) by omitting paragraphs (a) and (b) from subrule (1) and substituting the following paragraphs: (a) the licensee is complying with a direction of a fisheries officer to unload scallops at a place other than a port of landing; or (b) the licence is endorsed with alternative conditions relating to unloading and the scallops are unloaded in accordance with those conditions. (b) by omitting from the penalty under subrule (1) "Fine not exceeding the applicable"; (c) by omitting from the penalty under subrule (2) "Fine not exceeding the applicable"; (d) by omitting from the penalty under subrule (3) "Fine not exceeding the applicable". 44Rule 55 amended (Transfer or sale of scallops to unlicensed persons, &c. ) Rule 55 of the Principal Rules is amended as follows: (a) by omitting from the penalty under subrule (1) "Fine not exceeding the applicable"; (b) by omitting from the penalty under subrule (2) "Fine not exceeding the applicable"; (c) by inserting the following subrule after subrule (2) : (2A)  A fish merchant who sells more than 3 kilograms of scallop meat or more than 100 whole scallops to a person must give the person a receipt for that sale.

Penalty:  Grade 2 penalty.

(d) by omitting from the penalty under subrule (3) "Fine not exceeding the applicable". 45Rules 56 and 57 substituted Rules 56 and 57 of the Principal Rules are rescinded and the following rules are substituted: 56Vessel monitoring systems (1)  The Secretary, by notice in writing served on the holder of a fishing licence (scallop), may direct the licence holder to fit a vessel monitoring system to a specified fishing vessel. (2) The provisions of Part 3 of the Fisheries Rules 1999 , other than rule 32 of those rules, apply to the holder of a fishing licence (scallop) as if – (a) a reference in those rules to a supervisor of a fishing licence (vessel) were a reference to a supervisor of a fishing licence (scallop); and (b) a reference in those rules to a holder of a fishing licence (vessel) were a reference to a holder of a fishing licence (scallop); and (c) a reference in those rules to a notice in writing served were a reference to a notice in writing sent. 57Infringement notice offences and penalties For section 42(2) of the Act – (a) an offence against a provision of these rules specified in column 2 of Schedule 3B is a prescribed offence; and (b) the penalty specified in column 3 of that Schedule for that offence is its prescribed penalty. 46Schedule 2 substituted Schedule 2 to the Principal Rules is rescinded and the following Schedule is substituted: Schedule 2Scallop dredging prohibited areas

Rules 3(1) , 19 and 23

Column 1	Column 2	Column 3
Item	Area	Description of area
1.	Adventure Bay	The waters enclosed west of an imaginary line starting at the southernmost extent of Cape Queen Elizabeth and running in a south-westerly direction to the intersection of line of latitude 43o 17.5226’ South with line of longitude 147o 21.5238’ East, and then in a southerly direction to the northernmost extent of Grass Point.
2.	Armstrong Channel	The waters within the area bounded –
(a) in the west by an imaginary straight line from the southernmost extent of Cape Sir John (on Cape Barren Island) to the westernmost extent of Foam Point (on Clarke Island); and
(b) in the east by an imaginary line from the southernmost extent of Moriarty Point (on Clarke Island) to the southernmost extent of Passage Island, then to the southernmost extent of Cone Point (on Cape Barren Island).
3.	Bicheno	The waters enclosed west of an imaginary line starting at the northernmost extent of Farm Point and running in a northerly direction to the intersection of line of latitude 41o 52.0945’ South with line of longitude 148o 19.3587’ East, and then in a north-westerly direction to the intersection of line of latitude 41o 50.6104’ South with line of longitude 148o 16.0877’ East.
4.	Binalong Bay	The waters enclosed west of an imaginary straight line starting at the northernmost extent of Boat Harbour Point and running in a northerly direction to the intersection of line of latitude 41o 12.6557’ South with line of longitude 148o 17.0404’ East.
5.	Cloudy Bay	The waters enclosed north of an imaginary straight line from the southernmost extent of Point Grand to the westernmost extent of Beaufort Point.
6.	D’Entrecasteaux Channel	The waters within the area bounded –
(a) in the south by an imaginary straight line from Scott Point (at the entrance of Port Esperance) to the northernmost point of Partridge Island, and by the line of longitude 147o 5’ 54” East between the southernmost point of Partridge Island and Labillardiere Peninsula on Bruny Island; and
(b) in the north by an imaginary straight line from Dennes Point on Bruny Island to Piersons Point on the western shore of the River Derwent.
7.	East Coast Waters	The waters within the area bounded –
(a) in the north by an imaginary straight line from the north-easternmost extent of Seaford Point to the intersection of line of latitude 42o 18.4232’ South with line of longitude 148o 02.6199’ East; and
(b) in the south by an imaginary straight line from the easternmost extent of Cape Bougainville to the intersection of line of latitude 42o 32.0469’ South with line of longitude 148o 01.9899’ East; and
(c) in the east by an imaginary line starting at the intersection of line of latitude 42o 18.4232’ South with line of longitude 148o 02.6199’ East, then running due south to the intersection of line of latitude 42o 20.7900’ South with line of longitude 148o 02.6199’ East, then in a south-westerly direction to the intersection of line of latitude 42o 24.5900’ South with line of longitude 148o 00.6200’ East, then in a south-easterly direction to the intersection of line of latitude 42o 26.3900’ South with line of longitude 148o 01.9200’ East, then in a south-westerly direction to the intersection of line of latitude 42o 29.0733’ South with line of longitude 148o 00.6200’ East, then in a south-easterly direction to the intersection of line of latitude 42o 32.0469’ South with line of longitude 148o 01.9899’ East.
8.	Fortescue Bay	The waters enclosed west of an imaginary straight line from the northernmost extent of Cape Hauy to the easternmost extent of Dolomieu Point.
9.	Franklin Sound and waters west of Flinders Island	The waters within the area bounded –

(b) in the east by an imaginary straight line from the northernmost extent of Harleys Point (on Cape Barren Island) to the easternmost extent of Pot Boil Point (on Flinders Island).
10.	Frederick Henry Bay, Norfolk Bay, Pittwater and Blackman Bay	The waters within the area bounded –
(a) in the south by an imaginary straight line from the southernmost extent of North West Head to the southernmost extent of Cape Contrariety; and
(b) in the east by an imaginary straight line from the southernmost extent of Long Spit running due east to the opposite shore of Little Chinaman Bay.
11.	Georges Bay	The waters enclosed west of an imaginary straight line extending from the easternmost extent of Grants Point to the northernmost extent of St Helens Point.
12.	Great Oyster Bay	The waters enclosed north of an imaginary straight line from the westernmost extent of Weatherhead Point (on Freycinet Peninsula) to the north-easternmost extent of Seaford Point.
13.	Marion Bay	The waters enclosed west of an imaginary line starting at Cape Bernier and running in a south-westerly direction to the intersection of line of latitude 42o 46.4753’ South with line of longitude 147o 53.8132’ East, then due south to the intersection of line of latitude 42o 48.1320’ South with line of longitude 147o 53.8132’ East, then in a south-easterly direction to the intersection of line of latitude 42o 51.8245’ South with line of longitude 147o 57.0292’ East, then in an easterly direction to the easternmost extent of Cape Frederick Hendrick.
14.	Mercury Passage	The waters within the area bounded –
(a) in the north by an imaginary straight line from the easternmost extent of Cape Bougainville to the northernmost extent of Cape Boullanger; and
(b) in the south by an imaginary straight line from the southernmost extent of Cape Peron to the easternmost extent of Cape Bernier.
15.	Pirates Bay	The waters enclosed west of an imaginary straight line from the northernmost extent of Fossil Island to the southernmost extent of Osprey Head.
16.	Port Arthur and Crescent Bay	The waters enclosed –
(a) north of an imaginary straight line from the southernmost extent of Budget Head to the easternmost extent of Standup Point; and
(b) west of an imaginary straight line from the easternmost extent of Standup Point to the easternmost extent of West Arthur Head.
17.	Port Sorell	The waters upstream of an imaginary straight line from Griffiths Point in the east to Taroona Point in the west at the southern extremity of Hawley Beach.
18.	Recherche Bay	The waters enclosed west of an imaginary straight line from the northernmost extent of Fishers Point to the easternmost extent of Eliza Point.
19.	Riedle Bay	The waters enclosed west of an imaginary straight line from John Bulls Rock to Cape des Tombeaux.
20.	River Derwent	The waters upstream of an imaginary straight line from the northernmost extent of Dennes Point to the southernmost extent of Cape Direction.
21.	River Tamar	The waters upstream of an imaginary straight line from the northernmost extent of Low Head to the northernmost extent of West Head.
22.	Robbins Passage	The waters within the area bounded –
(a) in the east by an imaginary straight line from the westernmost extent of Eagle Point to the easternmost extent of Cape Elie (on Robbins Island); and
(b) in the north by an imaginary straight line from the northernmost extent of Walker Island to the northernmost extent of Woolnorth Point.
23.	Schouten Passage	The waters within the area bounded –
(a) in the east by an imaginary straight line from the easternmost extent of Cape Degerando to the easternmost extent of Masons Downfall; and
(b) in the west by an imaginary straight line from the westernmost extent of Sandstone Bluff to the westernmost extent of Weatherhead Point.
24.	Southport	The waters enclosed west of an imaginary straight line from the southernmost extent of Rossel Point to the easternmost extent of Southport Bluff.
25.	Wedge Bay	The waters enclosed east of an imaginary straight line from the westernmost extent of Low Point to the southernmost extent of Lory Point.
26.	Wineglass Bay	The waters enclosed west of an imaginary straight line from the easternmost extent of Cape Tourville to the northernmost extent of the easternmost extent of Cape Forestier.

47Schedule 3 amended (Overrun) Schedule 3 to the Principal Rules is amended as follows: (a) by omitting "1 000" from column 2 of item 1 in Part 1 and substituting "3 000"; (b) by omitting "1 000" from column 2 of item 2 in Part 1 and substituting "3 000"; (c) by omitting "2 000" from column 2 of item 2 in Part 1 and substituting "5 000"; (d) by omitting "2 000" from column 2 of item 3 in Part 1 and substituting "5 000"; (e) by omitting "5 000" from column 2 of item 3 in Part 1 and substituting "10 000"; (f) by omitting "5 000" from column 2 of item 4 in Part 1 and substituting "10 000"; (g) by omitting "10 000" from column 2 of item 4 in Part 1 and substituting "15 000"; (h) by omitting "2 000" from column 2 of item 1 in Part 2 and substituting "10 000"; (i) by omitting "2 000" from column 2 of item 2 in Part 2 and substituting "10 000"; (j) by omitting "5 000" from column 2 of item 2 in Part 2 and substituting "12 000"; (k) by omitting "5 000" from column 2 of item 3 in Part 2 and substituting "12 000"; (l) by omitting "10 000" from column 2 of item 3 in Part 2 and substituting "15 000". 48Schedules 3A and 3B insertedAfter Schedule 3 to the Principal Rules , the following Schedules are inserted: Schedule 3AScallop measurements

Rules 3(1) , 15 and 16

PART 1Minimum size and meaning of scallop spat 1.   Minimum size specified Unless the Secretary, by public notice, determines otherwise for a type of scallop, or for a type of scallop in relation to a part of the scallop fishery, the minimum size for a scallop is taken to be – (a) for a queen scallop (Equichlamys bifrons), a scallop that is 100 millimetres at its widest part; or (b) for a commercial scallop (Pecten fumatus) if taken or possessed for non-commercial purposes, a scallop that is 100 millimetres at its widest part; or (c) for a commercial scallop (Pecten fumatus) if taken or possessed for commercial purposes, a scallop that is 90 millimetres at its widest part; or (d) for a doughboy scallop (Mimachlamys asperrimus), a scallop that is 80 millimetres at its widest part. 2.   Meaning of scallop spat In these rules – scallop spat means a scallop that is less than 40 millimetres at its widest part. 3.   Meaning of widest part of scallop For the purpose of clauses 1 and 2 , the widest part of a scallop is taken to be the measurement along a straight line, generally parallel with the shell hinge, representing the widest part of the body of the shell, as shown in the diagrams which are set out, by way of illustration only, in Part 2 of this Schedule. PART 2Scallop diagrams Schedule 3BInfringement notice offences and penalties

Rule 57

Column 1 Item	Column 2 Provision of rules	Column 3 Penalty units
1.	9(1)	4
2.	9A(1)	4
3.	10(1)	4
4.	10A(1)	5
5.	10A(2)	4
6.	10B	4
7.	11A(1)	2
8.	11A(2)	2
9.	11A(3)	2
10.	13(4)(b)	2
11.	14(1)	5
12.	14(2)	4
13.	15	2
14.	16	2
15.	17(4)	3
16.	18(1)	3
17.	18(2)	3
18.	19(1)(a)	5
19.	19(1)(b)	3
20.	22(1)	5
21.	22(3)	5
22.	23(1)(a)	5
23.	23(1)(b)	3
24.	23(1)(c)	3
25.	24(1)	5
26.	26(1)	5
27.	27(1)	3
28.	27(2)	4
29.	29	1
30.	33(1)	4
31.	33(3)	4
32.	33(4)	4
33.	36	1
34.	37(1)	1
35.	37(3)(a)	2
36.	37(3)(b)	1
37.	38(a)	2
38.	38(b)	3
39.	40	1
40.	41	1
41.	42	2
42.	43	1
43.	44(1)	2
44.	44(3)	2
45.	44(4)	2
46.	45(1)	2
47.	45(2)	2
48.	45(3)	2
49.	46(1)	2
50.	46(2)	2
51.	46(3)(a)	2
52.	46(3)(b)	2
53.	47(1)	1
54.	48(1)	2
55.	49(1)	2
56.	49(5)	2
57.	49(6)(a)	1
58.	49(6)(b)	3
59.	49(7)	2
60.	53(a)	4
61.	53(b)	3
62.	54(1)	3
63.	55(1)	4
64.	55(2)	3
65.	55(2A)	2
66.	55(3)	4

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

Notified in the Gazette on 5 March 2008

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) updating management arrangements for the commercial and non-commercial scallop fisheries; and (b) including updated infringement notice offences and penalties that are being "transferred" from the Fisheries (Infringement Notices) Regulations 2001 .