Inland Fisheries (Recreational Fishing) Amendment Regulations 2016

Inland Fisheries (Recreational Fishing) Amendment Regulations 2016

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 .

C. WARNER

Governor

By Her Excellency's Command,

JEREMY ROCKLIFF

Minister for Primary Industries and Water

1.   Short title

These regulations may be cited as the Inland Fisheries (Recreational Fishing) Amendment Regulations 2016 .

2.   Commencement

These regulations take effect on 1 August 2016.

3.   Principal Regulations

In these regulations, the Inland Fisheries (Recreational Fishing) Regulations 2009 are referred to as the Principal Regulations.

4.    Regulation 3 amended (Interpretation)

Regulation 3(1) of the Principal Regulations is amended by inserting after the definition of coastal lagoon the following definition:

day means the 24-hour period commencing at midnight on a calendar day;

5.    Regulation 16 amended (Minimum size limits)

Regulation 16(3) of the Principal Regulations is amended by omitting paragraphs (a) , (ab) , (ac) , (b) , (c) , (d) , (e) , (ea) , (f) , (g) , (h) , (i) , (j) , (k) , (ka) , (kb) , (l) , (m) , (n) , (na) , (o) , (p) and (q) and substituting the following paragraphs:

(a) Ada Lagoon;

(b) Big Waterhouse Lake;

(c) Blackmans Lagoon;

(d) Bradys Lake;

(e) Brushy Lagoon;

(f) Craigbourne Dam;

(g) Curries River Dam;

(h) Dee Lagoon;

(i) Four Springs Lake;

(j) Guide Dam;

(k) Lake Ada;

(l) Lake Augusta;

(m) Lake Barrington;

(n) Lake Binney;

(o) Lake Crescent;

(p) Lake Kara;

(q) Lake Kay;

(r) Lake Leake;

(s) Lake Meadowbank;

(t) Lake Tungatinah;

(u) Little Waterhouse Lake;

(v) Pet Dam;

(w) Pioneer Lake;

(x) South Riana Dam;

(y) Talbots Lagoon;

(z) Tooms Lake;

(za) Woods Lake.

6.    Regulation 17 substituted

Regulation 17 of the Principal Regulations is rescinded and the following regulation is substituted:

17.   Daily bag limit for large salmon from certain waters

(1)  A person must not on any one day take more than 2 salmon that are equal to or more than 500 millimetres in length from any of the following waters:

(a) Big Waterhouse Lake;

(b) Blackmans Lagoon;

(c) Bradys Lake;

(d) Brushy Lagoon;

(e) Craigbourne Dam;

(f) Curries River Dam;

(g) Dee Lagoon;

(h) Four Springs Lake;

(i) Lake Barrington;

(j) Lake Binney;

(k) Lake Crescent;

(l) Lake Kara;

(m) Lake Leake;

(n) Lake Meadowbank;

(o) Lake Tungatinah;

(p) Little Waterhouse Lake;

(q) Pioneer Lake;

(r) South Riana Dam;

(s) Talbots Lagoon;

(t) the prescribed waters of the Western Lakes;

(u) Tooms Lake;

(v) 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 taken in excess of 2.

(2)  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.

7.    Regulation 22 amended (Taking fish from boats)

Regulation 22(1) of the Principal Regulations is amended as follows:

(a) by omitting from paragraph (f) "Lake." and substituting "Lake;";

(b) by inserting the following paragraph after paragraph (f) :

(g) Talbots Lagoon.

8.    Regulation 24 amended (Use of baits and lures)

Regulation 24 of the Principal Regulations is amended as follows:

(a) by omitting from subregulation (2) "only use a lure to take fish in the following waters" and substituting "not take fish from any of the following waters except by means of a lure";

(b) by inserting the following paragraph after paragraph (g) in subregulation (2) :

(h) Lake Crescent;

(c) by omitting from subregulation (3) "use only an artificial fly to take fish in the following waters" and substituting "not take fish from any of the following waters except by means of an artificial fly".

9.    Schedule 4 amended (Infringement Notice Offences)

Schedule 4 to the Principal Regulations is amended as follows:

(a) by omitting

taking undersized fish – regulation 16(1) and (2)	1
taking more than 2 salmon that are equal to or more than 500 mm in length, from certain waters – regulation 17(1) and (2)	1
taking more than the fish specified in regulation 18(1) in one day	1

and substituting the following items:

taking undersize blackfish, flounder or bream – regulation 16(1)	1
taking from certain waters undersize salmon – regulation 16(2), (3), (4) and (5)	1
taking from the waters of Great Lake undersize rainbow trout or brown trout – regulation 16(6)	1
taking from certain waters on one day more than 2 salmon that are equal to or more than 500 mm in length – regulation 17(1)	1
taking from certain waters on one day more than 12 blackfish or salmon (or a combination thereof) – regulation 18(1)	1
taking on one day more than 10 bream – regulation 18(2)	1

(b) by omitting the following item:

continuing to fish if the limit specified in regulation 18(3) has been reached – regulation 18(4)

1

10.    Schedule 5 amended (Bag Limits)

Schedule 5 to the Principal Regulations is amended as follows:

(a) by omitting "Lagoon" from column 2 of item 1AA in the table and substituting "Lake";

(b) by omitting "Lagoon" from column 2 of item 42A in the table and substituting "Lake";

(c) by inserting after item 46 the following item:

46A.

Pioneer Lake

5

(d) by inserting after item 51 the following items:

51A.	South Esk River	5
51B.	South Riana Dam	5
51C.	Talbots Lagoon	5

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

Notified in the Gazette on 22 June 2016

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

EXPLANATORY NOTE

(This note is not part of the regulation)

(a) adding Lake Leake, Pioneer Lake, South Riana Dam and Talbots Lagoon to the list of waters from which the taking of salmon less than 300 millimetres long is prohibited; and

(b) adding Big Waterhouse Lake, Lake Leake, Little Waterhouse Lake, Pioneer Lake, South Riana Dam and Talbots Lagoon to the list of waters from which the taking of more than 2 salmon that are equal to or more than 500 millimetres long is prohibited and clarifying that this is a daily bag limit; and

(c) adding Talbots Lagoon to the list of waters from which the taking of fish from mechanically propelled boats is prohibited; and

(d) adding Lake Crescent to the list of waters from which fish must not be taken except by means of a lure, which consequentially also makes that lake one of the places at which the possession of bait and non-artificial lures is prohibited; and

(e) adding Pioneer Lake, South Esk River, South Riana Dam and Talbots Lagoon to the list of waters for which there is a daily bag limit for the taking of salmon, and setting the corresponding daily bag limits; and

(f) correcting some place names, adjusting the schedule of infringement notice offences and effecting minor statute law revision.