Inland Fisheries (Recreational Fishing) Amendment Regulations 2013 (TAS)

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Inland Fisheries (Recreational Fishing) Amendment Regulations 2013

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 .27 May 2013

PETER G. UNDERWOOD

Governor

By His Excellency’s Command,

BRYAN GREEN

Minister for Primary Industries and Water

1Short titleThese regulations may be cited as the Inland Fisheries (Recreational Fishing) Amendment Regulations 2013 . 2CommencementThese regulations take effect on the seventh day after the day on which their making is notified in the Gazette. 3Principal RegulationsIn these regulations, the Inland Fisheries (Recreational Fishing) Regulations 2009 are referred to as the Principal Regulations. 4Regulation 3 amended (Interpretation) Regulation 3(1) of the Principal Regulations is amended as follows: (a) by inserting "visual" after "means a" in the definition of artificial fly ; (b) by omitting paragraph (c) from the definition of artificial fly and substituting the following paragraphs: (c) does not incorporate any device to impart a rotary or darting motion; and (d) is not, in whole or in part, bait within the meaning of paragraph (c) or (d) of the definition of bait; (c) by omitting subparagraph (ii) from paragraph (c) of the definition of bait and substituting the following subparagraph: (ii) is designed to attract, or is capable of attracting, fish by its scent; and (d) by inserting the following paragraph after paragraph (c) in the definition of bait : (d) a product wholly or partially derived from artificial product that – (i) is capable of being affixed to a hook; and (ii) is designed to attract, or is capable of attracting, fish by its scent; (e) by omitting paragraph (b) from the definition of lure and substituting the following paragraphs: (b) is designed to visually attract, or is capable of visually attracting, fish; and (c) is not, in whole or in part, bait within the meaning of paragraph (c) or (d) of the definition of bait; 5Regulation 22 amended (Taking fish from boats) Regulation 22 of the Principal Regulations is amended by omitting subregulation (5) . 6Schedule 3 amended (Fees) Schedule 3 to the Principal Regulations is amended as follows: (a) by omitting paragraphs (a) , (b) and (c) from item 1 and substituting the following:

(a) a person who is 18 years of age or more and is not a person referred to in paragraph (b) or (c) –

(i) for the use of one rod and line for one season

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(ii) for the use of one rod and line for 5 consecutive seasons

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(b) a person who is in receipt of a card entitled a Seniors Card that is approved by the Director –

(i) for the use of one rod and line for one season

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(ii) for the use of one rod and line for 5 consecutive seasons

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(c) an eligible pensioner –

(i) for the use of one rod and line for one season

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(ii) for the use of one rod and line for 5 consecutive seasons

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(b) by inserting "for the use of one rod and line for one season" after "18 years of age" in column 2 of paragraph (d) of item 1 in the table ; (c) by omitting paragraphs (e) , (f) and (g) from item 1 and substituting the following:

(e) for the use of one rod and line for 48 hours for a person who is 18 years of age or more

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(f) for the use of one rod and line for 7 consecutive days for a person who is 18 years of age or more

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(g) for the use of one rod and line for 28 consecutive days for a person who is 18 years of age or more

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(d) by omitting "2 rods and lines" from column 2 of paragraph (h) of item 1 in the table and substituting "an additional rod and line for one season"; (e) by inserting after paragraph (h) in item 1 the following:

(ha) a person referred to in paragraph (a) of this item for the use of an additional rod and line for 5 consecutive seasons

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(f) by omitting ", (d), (e), (f) or (g) of this item for the use of 2 rods and lines" from column 2 of paragraph (i) of item 1 in the table and substituting "or (d) of this item for the use of an additional rod and line for one season"; (g) by inserting after paragraph (i) in item 1 the following:

(ia) a person referred to in paragraph (b) or (c) of this item for the use of an additional rod and line for 5 consecutive seasons

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7Schedule 4 amended (Infringement Notice Offences) Schedule 4 to the Principal Regulations is amended as follows: (a) by inserting after

taking fish by trolling in Penstock Lagoon or Little Pine Lagoon – regulation 22(4)

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the following item:

taking fish from a boat that is within 100 metres of an angler, fishing from the bank of a lake or river or by wading, when the boat is not securely moored – regulation 22(8)

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(b) by omitting the following item

taking fish by trolling in Lake Leake using boat propelled in manner other than by oars or electric motor – regulation 22(5)

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; (c) by inserting after

using natural bait in specified waters – regulation 24(2)

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the following item:

using any thing other an artificial fly to take fish in specified waters – regulation 24(3)

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

Notified in the Gazette on 5 June 2013

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

EXPLANATORY NOTE

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

(a) updating the definitions of artificial fly, bait and lure; and (b) omitting an offence in regulation 22 in respect of taking fish from Lake Leake using certain boats; and (c) prescribing fees for applications for angling licences for 5 consecutive seasons; and (d) prescribing two infringement notice offences and omitting an infringement notice offence.
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