Inland Fisheries (Recreational Fishing) Amendment Regulations 2008 (TAS)

Inland Fisheries (Recreational Fishing) Amendment Regulations 2008

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Inland Fisheries Act 1995 .25 August 2008

PETER G. UNDERWOOD

Governor

By His Excellency’s Command,

D. E. LLEWELLYN

Minister for Primary Industries and Water

1Short titleThese regulations may be cited as the Inland Fisheries (Recreational Fishing) Amendment Regulations 2008 . 2CommencementThese regulations take effect on the day on which their making is notified in the Gazette. 3Principal RegulationsIn these regulations, the Inland Fisheries (Recreational Fishing) Regulations 1999 are referred to as the Principal Regulations. 4Regulation 3 amended (Interpretation) Regulation 3 of the Principal Regulations is amended as follows: (a) by inserting the following definition after the definition of bream : brook trout means the species Salvelinus fontinalis of the family Salmonidae; (b) by inserting the following definition after the definition of possession : prescribed waters, of the Western Lakes, means the waters of the Western Lakes other than the following waters: (a) Carter Lakes; (b) Double Lagoon; (c) East Rocky Lagoon; (d) Emma Tarns; (e) First Lagoon; (f) Howes Lagoon Bay; (g) Lake Agnes; (h) Lake Baille; (i) Lake Botsford; (j) Lake Chipman; (k) Lake Dudley; (l) Lake Flora; (m) Lake O’Dells; (n) Lake Paget; (o) Lake Tin Hut; (p) Little Blue Lagoon; (q) Rocky Lagoon; (r) Sandy Lake; (s) Second Lagoon; (t) Talinah Lagoon; (u) Third Lagoon. 5Regulations 15 and 16 substituted Regulations 15 and 16 of the Principal Regulations are rescinded and the following regulations are substituted: 15Minimum size limits (1)  A person must not take – (a) a blackfish that is less than 220 millimetres in length; or (b) a flounder that is less than 250 millimetres in length; or (c) a bream that is less than 250 millimetres in length.

Penalty:  Fine of not less than 1 penalty unit and not more than 5 penalty units and a special penalty of 1 penalty unit for each fish.

(2)  A person must not take, from inland waters or excepted waters, a salmon that is less than 220 millimetres in length.

Penalty:  Fine of not less than 1 penalty unit and not more than 5 penalty units and a special penalty of 1 penalty unit for each fish.

(3)  A person must not take a salmon that is less than 300 millimetres in length from any of the following waters: (a) Ada Lagoon; (b) Bradys Lake; (c) Brushy Lagoon; (d) Craigbourne Dam; (e) Curries River Dam; (f) Four Spring Lake; (g) Guide Dam; (h) Lake Ada; (i) Lake Augusta; (j) Lake Barrington; (k) Lake Binney; (l) Lake Kay; (m) Lake Meadowbank; (n) Lake Tungatinah; (o) Pet Dam; (p) Tooms Lake; (q) Woods Lake.

Penalty:  Fine of not less than 1 penalty unit and not more than 5 penalty units and a special penalty of 1 penalty unit for each fish.

(4)  A person must not take a salmon that is less than 420 millimetres in length from any of the following waters: (a) Carter Lakes; (b) Double Lagoon; (c) Emma Tarns; (d) Howes Lagoon Bay; (e) Lake Agnes; (f) Lake Baille; (g) Lake Botsford; (h) Lake Chipman; (i) Lake Flora; (j) Lake O’Dells; (k) Lake Paget; (l) Little Blue Lagoon; (m) Penstock Lagoon; (n) Rocky Lagoon; (o) Sandy Lake; (p) Second Lagoon; (q) Talinah Lagoon; (r) Third Lagoon.

Penalty:  Fine of not less than 1 penalty unit and not more than 5 penalty units and a special penalty of 1 penalty unit for each fish.

(5)  A person must not take a salmon that is less than 500 millimetres in length from any of the following waters: (a) First Lagoon; (b) Lake Dudley; (c) Lake Tin Hut.

Penalty:  Fine of not less than 1 penalty unit and not more than 5 penalty units and a special penalty of 1 penalty unit for each fish.

(6)  A person must not, from the waters of Great Lake, take – (a) a rainbow trout that is less than 400 millimetres in length; or (b) a brown trout that is less than 300 millimetres in length.

Penalty:  Fine of not less than 1 penalty unit and not more than 5 penalty units and a special penalty of 1 penalty unit for each fish.

(7)  For the purposes of this regulation – (a) the length of a fish, other than a bream, is to be measured in a straight line from the tip of the snout to the end of the centre of the tail fin; and (b) the length of a bream is to be measured from the forwardmost point of the fish to the end of the tail; and (c) a fish from which the head or any part of the tail has been removed is taken to be less than the relevant length specified in this regulation unless the part of the fish that remains is not less than that length. 15AMaximum size limits (1)  A person must not, from the prescribed waters of the Western Lakes, take more than 2 salmon, either of which is equal to or more than 500 millimetres in length.

Penalty:  Fine of not less than 1 penalty unit and not more than 5 penalty units and a special penalty of 1 penalty unit for each fish.

(2)  A person must not take more than 2 salmon, either of which is more than 600 millimetres in length, from any of the following waters: (a) Bradys Lake; (b) Brushy Lagoon; (c) Craigbourne Dam; (d) Curries River Dam; (e) Four Springs Lake; (f) Guide Dam; (g) Lake Barrington; (h) Lake Binney; (i) Lake Meadowbank; (j) Lake Tungatinah; (k) Pet Dam; (l) Tooms Lake; (m) Woods Lake.

Penalty:  Fine of not less than 1 penalty unit and not more than 5 penalty units and a special penalty of 1 penalty unit for each fish.

(3)  For the purposes of this regulation, the length of a salmon is to be measured in a straight line from the tip of the snout to the end of the centre of the tail fin. 16Bag limits (1)  A person, on any one day from inland waters or excepted waters, must not – (a) take more than a total of – (i) 12 blackfish; or (ii) 12 salmon; or (iii) a combination of 12 blackfish and salmon; or (b) continue to fish for either blackfish or salmon if the person has already taken, on that day, a total specified in paragraph (a) .

Penalty:  Fine of not less than 1 penalty unit and not more than 5 penalty units and a special penalty of 1 penalty unit for each fish.

(2)  A person, on any one day, must not – (a) take more than a total of 10 bream; or (b) continue to fish for bream if the person has already taken, on that day, the total specified in paragraph (a) .

Penalty:  Fine of not less than 1 penalty unit and not more than 5 penalty units and a special penalty of 1 penalty unit for each fish.

(3)  A person, on any one day from any of the waters specified in column 2 of the table in Schedule 5 , must not take more salmon than the number specified, in column 3 of that table, in respect of those waters.

Penalty:  Fine of not less than 1 penalty unit and not more than 5 penalty units and a special penalty of 1 penalty unit for each fish.

(4)  A person, on any one day from any of the waters specified in column 2 of the table in Schedule 5 , must not continue to fish, if the person has already taken, on that day, the number of salmon specified, in column 3 of that table, in respect of those waters.

Penalty:  Fine of not less than 1 penalty unit and not more than 5 penalty units and a special penalty of 1 penalty unit for each fish.

(5)  A person, on any one day from the waters of Great Lake, must not – (a) take more than a total of 12 salmon including a maximum of 3 rainbow trout; or (b) continue to take rainbow trout if the person has already taken, on that day, 3 rainbow trout; or (c) continue to fish for salmon if the person has already taken, on that day, 12 salmon.

Penalty:  Fine of not less than 1 penalty unit and not more than 5 penalty units and a special penalty of 1 penalty unit for each fish.

(6)  A person must not – (a) have possession of more than 24 eels at any one time without the written approval of the Director; or (b) take and have possession of more than 12 eels on any one day.

Penalty:  Fine of not less than 1 penalty unit and not more than 5 penalty units and a special penalty of 1 penalty unit for each fish.

(7)  A person must not – (a) remove, kill, destroy, dredge for or carry away an estuary perch; or (b) cause or permit an estuary perch to be removed, killed, destroyed, dredged for or carried away; or (c) possess an estuary perch at or on the bank of any waters.

Penalty:  Fine of not less than 1 penalty unit and not more than 5 penalty units and a special penalty of 1 penalty unit for each fish.

(8)  A person, on any one day from inland waters, must not – (a) take more than a total of 5 brook trout; or (b) continue to fish for brook trout if the person has already taken, on that day, the total specified in paragraph (a) .

Penalty:  Fine of not less than 1 penalty unit and not more than 5 penalty units and a special penalty of 1 penalty unit for each fish.

(9)  For the purposes of subregulations (1) , (2) , (3) , (4) , (5) , (6) and (8) , a person who is in possession of fish at or on the bank of any inland waters or excepted waters is taken to have taken the fish from those waters. 6Regulation 16A amended (Take and release) Regulation 16A of the Principal Regulations is amended as follows: (a) by omitting from subregulation (1) " Regulation 16(3)(b) does not apply if a person" and substituting " Regulation 16(3) and (4) do not apply to a person in respect of the waters of Lagoon of Islands if the person"; (b) by omitting from subregulation (2) " Regulation 16(3)(g) does not apply if a person" and substituting " Regulation 16(3) and (4) do not apply to a person in respect of the waters of Little Pine Lagoon if the person"; (c) by omitting from subregulation (3) " Regulation 16(3)(j) does not apply if a person" and substituting " Regulation 16(3) and (4) do not apply to a person in respect of the waters of Penstock Lagoon if the person"; (d) by omitting from subregulation (4) " Regulation 16(3) does not apply to all waters within the Western Lakes if a person" and substituting " Regulation 16(3) and (4) do not apply to a person in respect of all waters within the Western Lakes if the person". 7Schedule 4 amended (Infringement notice offences) Schedule 4 to the Principal Regulations is amended as follows: (a) by omitting

taking undersized fish – regulation 15(1) 1

and substituting the following item:

taking undersized fish – regulation 15(1) and (2) 1

(b) by omitting

taking more than the salmon specified in regulation 16(3) in one day 1

and substituting the following item:

taking more salmon than the number specified in regulation 16(3) and (4) in one day 1

8Schedule 5 insertedAfter Schedule 4 to the Principal Regulations , the following Schedule is inserted: Schedule 5Bag Limits

Regulation 16

Column 1	Column 2	Column 3
Item	Water	Bag limit (number of salmon)
1.	Bradys Lake	5
2.	Break O’Day River	5
3.	Bruisers Lagoon	2
4.	Brushy Lagoon	5
5.	Camerons Lagoon	2
6.	Carter Lakes	2
7.	Clyde River	5
8.	Coal River	5
9.	Craigbourne Dam	5
10.	Curries River Dam	5
11.	Double Lagoon	2
12.	East Rocky Lagoon	0
13.	Emma Tarns	2
14.	First Lagoon	1
15.	Flowerdale River	5
16.	Four Springs Lake	5
17.	Guide Dam	5
18.	Howes Lagoon Bay	2
19.	Lagoon of Islands	3
20.	Lake Agnes	2
21.	Lake Baille	2
22.	Lake Barrington	5
23.	Lake Binney	5
24.	Lake Botsford	2
25.	Lake Burbury	20
26.	Lake Chipman	2
27.	Lake Crescent	5
28.	Lake Dudley	1
29.	Lake Flora	2
30.	Lake Gordon	20
31.	Lake King William	20
32.	Lake Leake	5
33.	Lake Meadowbank	5
34.	Lake O’Dells	2
35.	Lake Paget	2
36.	Lake Pedder	20
37.	Lake Tin Hut	1
38.	Lake Trevallyn	5
39.	Lake Tungatinah	5
40.	Little Blue Lagoon	2
41.	Little Pine Lagoon	5
42.	Little Swanport River	5
43.	Macquarie River	5
44.	Middle Myrtle Pond	2
45.	Penstock Lagoon	3
46.	Pet Dam	5
47.	Plenty River adjacent to the Salmon Ponds	1
48.	Rocky Lagoon	2
49.	Rubicon River	5
50.	Sandy Lake	2
51.	Second Lagoon	2
52.	Talinah Lagoon	2
53.	Third Lagoon	2
54.	Tooms Lake	5
55.	Western Lakes (prescribed waters of)	5
56.	Woods Lake	5

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

Notified in the Gazette on 3 September 2008

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

EXPLANATORY NOTE

(This note is not part of the regulation) These regulations amend the

(a) prescribing new size and bag limits for fish taken from certain waters; and (b) effecting minor statute law revision.