Fisheries Rules 1996

Fisheries Rules 1996

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

20 May 1996

B. BONDE

Minister for Primary Industry and Fisheries

PART 1 - Preliminary

1.   Short title

These rules may be cited as the Fisheries Rules 1996 .

2.   Commencement

These rules take effect on 31 May 1996.

3.   Interpretation

(1)  In these rules –

abalone means fish of the genus Haliotis;

[Rule 3 Subrule (1) amended by S.R. 1998, No. 62, Applied:15 Jun 1998]

Act means the Living Marine Resources Management Act 1995 ;

Australian Fisheries Management Authority means the Australian Fisheries Management Authority established under the Commonwealth Act;

automatic hook baiting and setting gear means any device which baits and sets hooks automatically;

bait net means an encircling net not exceeding 20 metres in length and 2 metres in depth with a mesh size of not more than 20 millimetres;

banded morwong means fish of the species Cheilodactylus spectabilis;

Bass Strait scallop fisher means a person holding a Commonwealth authority to take scallops from Commonwealth waters;

beach seine net means an encircling net not exceeding 1000 metres in length which has a bag or bunt with a mesh size of at least 30 millimetres;

Blackman Bay means the waters within the area bounded –

(a) in the west by the western entrance of the Denison Canal; and

(b) in the east by an imaginary straight line from the southern most extent of the long spit to the northern most part of Little Chinaman Bay;

board trawl net means a netting bag or bag-like net with a mesh size of at least 90 millimetres which –

(a) has a mouth held open by trawl doors or warps or by a combination of them; and

(b) is drawn along by a vessel; and

(c) is used for taking fish;

bream means fish of the genus Acanthopagrus;

certificate of seaworthiness means a certificate of seaworthiness issued by a competent authority in respect of a fishing vessel;

clam or cockle means bivalve shellfish of the class Bivalvia, other than the following:

(a) shellfish of the species Crassostrea gigas (commonly known as Tasmanian pacific oyster);

(b) shellfish of the species Ostrea angasi (commonly known as Native oyster);

(c) shellfish of the species Mytilus edulis planulatus (commonly known as Tasmanian blue mussel);

(d) scallop;

closed season, in relation to any kind or species of fish, means a season or period during which the fishery in respect of that kind or species of fish is closed;

Commonwealth authority means any licence, permit, right or other authority relating to a specific fishery granted under the Commonwealth Act;

Commonwealth waters means waters within the Australian fishing zone that are –

(a) outside State waters; and

(b) outside the coastal waters of another State;

Danish seine net means a netting bag or bag-like net with a mesh size of at least 70 millimetres which –

(a) has a mouth held open by trawl doors or warps or by a combination of them; and

(b) is drawn along by a vessel; and

(c) is used for taking fish;

D'Entrecasteaux Channel means those waters within the area bounded –

(a) on the south by an imaginary straight line from Point Scott (situated at the entrance of Port Esperance) to the northern point of Partridge Island and the line of longitude 147º 5' 54" between the southernmost point of Partridge Island and Labillardiere Peninsula on Bruny Island; and

(b) on the north by an imaginary straight line from Dennes Point on Bruny Island to Piersons Point situated on the western shore of the River Derwent;

dhan pole means a pole which –

(a) is more than 3 metres in length; and

(b) is weighted at one end so that it floats vertically; and

(c) has a flag attached to the other end;

dinghy means a boat which is used, or capable of being used, as an auxiliary boat to a fishing vessel;

distinguishing mark means a mark allotted under rule 18 ;

diver's docket means a docket in an approved form completed by the holder of a fishing licence (abalone dive) as part of records required to be kept under the Act;

dropline means a line which –

(a) has more than 5 hooks attached to it; and

(b) is set vertically with one end weighted and the other end attached to a line or buoy;

East Coast waters means the waters within 3 nautical miles of any part of the east coast of the State between Seaford Point and an imaginary line extending from Cape Bougainville to Cape Boullanger on Maria Island;

encircling net (also known as surround net or seine net) means a net which –

(a) is used to surround or partly surround fish; and

(b) is used for taking fish;

endorsed means endorsed under rule 82 ;

fish merchant means –

(a) the holder of any licence other than a recreational fishing licence; or

(b) [Rule 3 Subrule (1) amended by S.R. 1998, No. 62, Applied:15 Jun 1998] a person who sells fish;

fish cauf means fishing gear used in State waters for holding fish;

fishing gear means apparatus;

Franklin Sound waters means waters in Franklin Sound between Little Green Island in the north and Great Dog Island in the south and bounded by –

(a) an imaginary line from the east extremity of Little Green Island to Great Dog Island in the east; and

(b) an imaginary line from the west extremity of Little Green Island to Great Dog Island in the west;

Frederick Henry Bay and Norfolk Bay means the waters within an imaginary straight line between North-West Head and Cape Contrariety;

Georges Bay means the waters west of an imaginary straight line between Grants Point and St Helens Point;

giant crab means crab of the species Pseudocarcinus gigas;

gillnet (commonly known as a set net) means a net which is –

(a) a graball net; or

(b) a mullet net; or

(c) a shark net; or

(d) a small mesh gillnet; or

(e) a special small mesh gillnet;

graball net means a single mesh net with a mesh size of at least 100 millimetres and not more than 140 millimetres which –

(a) has a loaded bottom line; and

(b) is intended to be set with its bottom line on the sea-bed or river-bed;

Grade 1 penalty means the penalty specified in regulation 4 of the Penalty Regulations;

Grade 2 penalty means the penalty specified in regulation 5 of the Penalty Regulations;

Grade 3 penalty means the penalty specified in regulation 6 of the Penalty Regulations;

Great Oyster Bay means the waters north of an imaginary straight line extending from the southern extremity of Freycinet Peninsula to Seaforth Point;

gummy shark means fish of the species Mustelus antarcticus;

Inglis River waters means the waters of the Inglis River upstream of an imaginary line extending from the seaward extremity of the breakwater on the northern shore to the seaward extremity of the breakwater on the southern shore, including those waters within 100 metres of that line;

lampara net means an encircling net which –

(a) is used from a fishing vessel; and

(b) is not pursed or drawn through rings;

landed, in relation to abalone, means when any abalone or abalone container –

(a) are taken ashore; or

(b) make contact with an artificial extension of land after the abalone has been taken;

landing area means an area specified in rule 28 ;

longline means a line, other than a dropline, that has more than 50 hooks attached to it;

mackerel means fish of any of the following species:

(a) Trachurus declivis (commonly known as jack mackerel);

(b) Trachurus muriohii (commonly known as Peruvian jack mackerel);

(c) Trachurus novaezelandiae (commonly known as yellowtail mackerel);

(d) Emmelichthys nitidus (commonly known as redbait);

(e) Scomber australasicus (commonly known as blue mackerel);

mackerel fishing licence means –

(a) a fishing licence (mackerel A); or

(b) a fishing licence (mackerel B);

Macquarie Harbour means the waters upstream of an imaginary straight line extending east from Macquarie Heads to the eastern shore of Kelly Channel;

marine nature reserve means the areas of Crown land proclaimed as conservation areas or State reserves and named the Governor Island Marine Nature Reserve, the Nine Pin Point Marine Nature Reserve, the Tinderbox Marine Nature Reserve and the Maria Island National Park under the National Parks and Wildlife Act 1970 ;

marine plant includes any seagrass, seaweed and other aquatic vascular plants, algae, diatoms and euglenoids;

marker buoy means a buoy referred to in rule 20 ;

Mercury Passage means the waters bounded in the north by an imaginary straight line drawn from Cape Bougainville to Cape Boullanger and in the south by an imaginary straight line extending from Cape Peron to Cape Bernier;

mullet net means a single mesh net with a mesh size of at least 60 millimetres and not more than 70 millimetres which –

(a) has a loaded bottom line; and

(b) is intended to be set with its bottom line on the sea-bed or river-bed;

[Rule 3 Subrule (1) amended by S.R. 1998, No. 62, Applied:15 Jun 1998] mussel means fish of the species Mytilus edulis planulatus (commonly known as Tasmanian blue mussel;

[Rule 3 Subrule (1) amended by S.R. 1998, No. 62, Applied:15 Jun 1998] mussel spat means a mussel the shell of which is less than 40 millimetres in length;

[Rule 3 Subrule (1) amended by S.R. 1998, No. 62, Applied:15 Jun 1998] mussel spat collector means –

(a) any rope, tape or other device used for collecting or taking mussel spat; and

(b) any associated floats, ropes or moorings;

native marine plant means a marine plant other than a noxious fish;

north west region means the region from Low Rocky Point on the west coast northward and eastward to Point Sorell, including King Island;

north east region means the region from Point Sorell eastward and southward to the northern end of Friendly Beaches, including Flinders Island;

octopus means fish of the genus Octopus;

[Rule 3 Subrule (1) amended by S.R. 1998, No. 62, Applied:15 Jun 1998] offshore waters means State waters that are not –

(a) coastal waters; or

(b) within the limits of the State;

open season, in relation to any kind or species of fish, means a season or period during which the fishery in respect of that kind or species of fish is open;

pelagic trawl net (also known as mid-water trawl) means a netting bag or bag-like net with a mesh size of at least 90 millimetres which –

(a) has a mouth held open by trawl doors or warps or by a combination of them; and

(b) is drawn along by a vessel and does not make contact with the seabed; and

(c) is used for taking fish;

Penalty Regulations means the Fisheries (Penalty) Regulations 1996 ;

Pittwater means the waters upstream of an imaginary straight line from Sandy Point to Tiger Head;

Port Sorell means the waters south of an imaginary straight line through Griffiths Point in the east to Taroona Point in the West at the southern extremity of Hawley Beach;

processed, in relation to Undaria, means –

(a) dried naturally or artificially; or

(b) treated by a boiling or salting process;

processing premises means a place, vessel or vehicle in respect of which a fish processing licence is in force;

purse seine net means an encircling net which –

(a) is used from a fishing vessel; and

(b) is pursed or drawn through rings into the shape of a bag;

quantity of Undaria means a quantity of Undaria as measured by wet weight;

receipt means a receipt referred to in rule 16 ;

recreational fishing gear tag means a tag referred to in rule 57 ;

recreational fishing licence means any fishing licence referred to in rule 7(h) ;

Register of South East Fishery Quota Entitlement means the Register of South East Fishery Quota Entitlement maintained by the Australian Fisheries Management Authority;

reporting service means the service approved by the Secretary to receive reports under rule 124 ;

restricted zone means the State waters inshore of an imaginary line extending from Cape Degerando to Cape Sonnerat to Mistaken Cape to Cape Frederick Hendrick, other than the waters of Blackman Bay;

River Derwent means the waters upstream of an imaginary line extending from Piersons Point to Dennes Point thence to Derwent Light and thence to Cape Direction;

River Leven waters means the waters of the Leven River above an imaginary line extending from the most seaward extremity of the breakwater located on each side of the river mouth, including those waters within 100 metres seaward of that line;

River Mersey waters means the waters of the Mersey River and its tributaries above an imaginary line extending from the most seaward extremity of the breakwater located on the west side of the river mouth to the first beacon located on the east side of the river mouth, including those waters within 100 metres seaward of that line;

River Tamar means the waters south of an imaginary straight line extending from Low Head to West Head;

rock lobster means rock lobster of the genus Jasus;

[Rule 3 Subrule (1) amended by S.R. 1997, No. 55, Applied:28 May 1997] [Rule 3 Subrule (1) amended by S.R. 1998, No. 62, Applied:15 Jun 1998]

sale includes disposal for commercial purposes;

[Rule 3 Subrule (1) amended by S.R. 1997, No. 55, Applied:28 May 1997] scalefish means any species of fish not otherwise defined in these rules;

scallop means fish of the species –

(a) Equichlamys bifrons (commonly known as queen scallop); or

(b) Pecten fumatus (commonly known as commercial scallop); or

(c) Mimachlamys asperrimus (commonly known as doughboy scallop);

scallop bag means a mesh or hessian bag which is rectangular and 1 000 millimetres high by 590 millimetres wide;

scallop spat means a scallop which is less than 40 millimetres in its widest diameter;

scallop spat collector means –

(a) [Rule 3 Subrule (1) amended by S.R. 1998, No. 62, Applied:15 Jun 1998] a frame, cage or other device used for collecting or taking scallop spat; and

(b) any associated floats, ropes or moorings;

scallop tag means a tag referred to in rule 121 ;

scallop unit means the maximum quantity of scallops that may be contained in a scallop bag;

school shark (also known as snapper shark) means fish of the species Caleorhinus galeus;

sea urchin means an echinoderm of the species Heliocidaris erythrogramma or genus Centrostephanus;

seine net includes a beach seine net, a lampara net and a purse seine net;

set means to place in State waters;

shark means school shark or gummy shark;

shark net means a single mesh net with a mesh size of at least 150 millimetres which –

(a) has a loaded bottom line; and

(b) is intended to be set with its bottom line on the sea-bed or river-bed;

shark nursery waters means the following:

(a) Blackman Bay;

(b) D'Entrecasteaux Channel;

(c) East Coast waters;

(d) Frederick Henry Bay and Norfolk Bay;

(e) Georges Bay;

(f) Great Oyster Bay;

(g) Mercury Passage;

(h) Pittwater;

(i) Port Sorell;

(j) River Derwent;

(k) [Rule 3 Subrule (1) amended by S.R. 1996, No. 148, Applied:30 Oct 1996] River Tamar;

small mesh gillnet means a single mesh net with a mesh size of at least 75 millimetres and not more than 100 millimetres which –

(a) has a loaded bottom line; and

(b) is intended to be set with its bottom line on the sea-bed or river-bed;

southern region means the region from the northern end of Friendly Beaches southward and westward to Low Rocky Point;

spear includes a spear gun and any apparatus with a pointed end;

special small mesh gillnet means a single mesh net with a mesh size of at least 70 millimetres and not more than 100 millimetres which –

(a) has a loaded bottom line; and

(b) is intended to be set with its bottom line on the sea-bed or river-bed;

sporophyll means that part of an algal stem containing or producing spores;

sunrise, in relation to any day, means –

(a) in November, December and January in any year, 4.00 a.m. Australian Eastern Standard Time; and

(b) in February, March, April, September and October in any year, 5.00 a.m. Australian Eastern Standard Time; and

(c) in May, June, July and August in any year, 7.00 a.m. Australian Eastern Standard Time;

sunset, in relation to any day, means –

(a) in November, December and January in any year, 8.00 p.m. Australian Eastern Standard Time; and

(b) in February, March, April, September and October in any year, 7.00 p.m. Australian Eastern Standard Time; and

(c) in May, June, July and August in any year, 5.00 p.m. Australian Eastern Standard Time;

Taroona waters means the waters of the River Derwent within 800 metres of the shore at Crayfish Point, Taroona bounded by a line which –

(a) commences at a point on the high-water mark on the River Derwent at the prolongation of Nubeena Crescent; and

(b) continues south-easterly for a distance of approximately 800 metres; and

(c) continues from there by a southerly and south-westerly line parallel to and distant 800 metres from that high-water mark to a point on a line joining Piersons Point with the public boat ramp on the foreshore at Taroona; and

(d) continues from that ramp by the high-water mark to the point of commencement;

trawl fishing licence means –

(a) a fishing licence (general trawl); or

(b) a fishing licence (limited trawl);

trawl net means a net, whether fitted with a whiting codend or not, which is –

(a) a Danish seine net; or

(b) a board trawl net; or

(c) a pelagic trawl net;

Undaria means –

(a) exotic marine alga Undaria pinnatifida (commonly known as wakame); and

(b) sporophyll of that alga;

wet weight, in relation to Undaria, means the weight of that Undaria measured after it has been removed from the water and before it has begun to be processed;

wild, in relation to any species or kind of fish, means State waters other than those to which a marine farming licence specifying that species or kind of fish relates;

whiting codend means a codend which has a mesh of at least 42 millimetres for a length of not more than 400 meshes;

wrasse means fish of the genus Notolabrus.

(2)  Any expression in these rules which is not defined in subrule (1) but is defined in the Act has the meaning as so defined.

4.   Application of rules

These rules apply to all fishing in State waters.

5.   Duration of rules

[Rule 5 Amended by S.R. 1997, No. 55, Applied:28 May 1997] These rules continue in force until 31 December 1999.

6.   Consultation arrangements

The Minister must consult with the appropriate advisory committee established in relation to the fisheries referred to in these rules in respect of any changes relating to –

(a) any area where fishing may occur; and

(b) any matter relating to the characteristic of fish; and

(c) any opening and closing of the fisheries; and

(d) fishing gear; and

(e) limits on taking and possessing fish.

7.   Classes of fishing licences

For the purposes of these rules, a fishing licence is one of the following classes:

(a) class personal, fishing licence (personal);

(b) class vessel, fishing licence (vessel);

(c) class abalone –

(i) fishing licence (abalone); or

(ii) fishing licence (abalone dive); or

(iii) fishing licence (abalone quota);

(d) class commercial dive, fishing licence (commercial dive);

(e) class marine plant –

(i) fishing licence (marine plant); or

(ii) fishing licence (Undaria);

(f) class mackerel –

(i) fishing licence (mackerel A); or

(ii) fishing licence (mackerel B);

(g) class purse seine, fishing licence (purse seine);

(h) class recreational –

(i) fishing licence (recreational abalone); or

(ii) fishing licence (recreational beach seine); or

(iii) fishing licence (recreational graball); or

(iv) fishing licence (recreational mullet net); or

(v) fishing licence (recreational rock lobster dive); or

(vi) fishing licence (recreational rock lobster pot); or

(vii) fishing licence (recreational scallop dive); or

(viii) fishing licence (recreational scallop dredge); or

(ix) fishing licence (recreational special rock lobster);

(i) class scallop, fishing licence (scallop);

(j) class scallop spat collection, fishing licence (scallop spat collection);

(ja) [Rule 7 Amended by S.R. 1998, No. 62, Applied:15 Jun 1998] class mussel spat collection, fishing licence (mussel spat collection);

(k) class shark –

(i) fishing licence (shark gillnet); or

(ii) fishing licence (shark hook);

(l) class rock lobster, fishing licence (rock lobster);

(m) class trawl –

(i) fishing licence (general trawl); or

(ii) fishing licence (limited trawl).

PART 2 - general provisions

Division 1 - Taking or possession of fish

8.   Using vessel without fishing licence (vessel)

(1)  A person, in State waters, must not use for commercial purposes a fishing vessel for fishing or carrying fish unless the vessel is specified in a fishing licence (vessel) held by that person.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(2)  Subrule (1) does not apply to the holder of a marine farming licence, or a person acting with the authority of that holder, who uses a fishing vessel –

(a) within the waters to which the licence relates; or

(ab) [Rule 8 Subrule (2) amended by S.R. 1998, No. 62, Applied:15 Jun 1998] for any purpose and activity carried out under the licence; or

(ac) [Rule 8 Subrule (2) amended by S.R. 1998, No. 62, Applied:15 Jun 1998] for the purpose of taking mussel spat from the wild under a fishing licence (mussel spat collection); or

(b) for the purpose of taking scallop spat from the wild under a fishing licence (scallop spat collection).

(3)  Subrule (1) does not apply to the holder of a fishing licence (abalone dive) or fishing licence (commercial dive) if the holder is diving from a fishing vessel that is specified in a fishing licence (vessel).

9.   Taking fish without fishing licence (personal)

(1)  A person must not take fish for sale unless the person is the holder of a fishing licence (personal).

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(2)  A person must not possess fish for sale unless the person is the holder of a licence (other than a recreational fishing licence) or a permit that allows the sale.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(3)  Subrule (2) does not apply to a person who carries on the business of selling fish.

9A.   Fishing in offshore waters

[Rule 9A Inserted by S.R. 1998, No. 62, Applied:15 Jun 1998]

(1)  A person who is the holder of a fishing licence (personal) must not undertake any fishing in offshore waters unless the person is the holder of a Commonwealth authority using only the fishing gear authorised under that authority.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(2)  Subrule (1) does not apply to the following:

(a) the holder of a fishing licence (scallop) for the purpose of taking scallops only;

(b) the holder of a fishing licence (abalone dive) for the purpose of taking abalone only;

(c) the holder of a permit for the purpose of taking giant crab only;

(d) the holder of a fishing licence (rock lobster) for the purpose of taking rock lobster only;

(e) the holder of a fishing licence (rock lobster) using not more than the following fishing gear to take fish of the Superclass Pisces:

(i) gillnets, the total headline length of which does not exceed 150 metres;

(ii) trolling lines;

(iii) 2 fish traps;

(iv) one demersal longline not exceeding 1000 metres in length to which not more than 200 snoods and hooks are attached or are capable of being attached;

(v) 2 droplines to which not more than 200 snoods and hooks are attached or are capable of being attached;

(f) a person who is otherwise authorised or issued with a permit to have specific access to offshore waters.

10.   Sea Urchins

A person must not take sea urchins from waters –

(a) within 50 metres of the shore of Hope Island; or

(b) off Meredith Point bounded by a line that –

(i) commences at the intersection of the meridian of longitude 147º 53.9'E with the eastern shore of Tasmania at the low water mark; and

(ii) continues south along that meridian of longitude to its intersection with the parallel of latitude 42º 33.1'S; and

(iii) continues east along that parallel of latitude to its intersection with the meridian of longitude 147º 54.9'E; and

(iv) continues north along that meridian of longitude to its intersection with the eastern shore of Tasmania at the low water mark; and

(v) continues west along the eastern shore of Tasmania at low water mark to the point of commencement.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

11.   Closed season

(1)  A person must not take any kind or species of fish from State waters during the closed season for that kind or species of fish in those waters.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(2)  A person must not buy, sell or have possession of, any kind or species of fish taken from State waters or elsewhere during the closed season for that kind or species of fish in those waters or elsewhere.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(3)  It is a defence to any proceedings under subrule (1) or (2) for a person to prove that the fish were –

(a) taken, bought, sold, or in possession during the open season in respect of the area from which the fish were taken; or

(b) scallop spat taken under a fishing licence (scallop spat collection); or

(c) taken from a marine farm by, or with the authority of, the holder of a marine farming licence or permit relating to marine farming.

12.   Taking fish in certain waters

A person, in Taroona waters, must not –

(a) take rock lobster; or

(b) take fish by diving or swimming underwater; or

(c) set a net.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

12A.   Taking abalone in certain waters

[Rule 12A Inserted by S.R. 1998, No. 62, Applied:15 Jun 1998] A person must not take any abalone in Franklin Sound waters.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

13.   Marine nature reserve

(1)  A person must not –

(a) take any fish or marine plant from State waters within a marine nature reserve; or

(b) possess any fish or marine plant so taken.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(2)  Subrule (1) does not apply to State waters within the Maria Island National Park which lie to the east of a line between Cape Boullanger and Cape Bougainville.

14.   Sale of certain fish

A person must not –

(a) sell any bream; or

(b) sell any fish of any kind or species taken by the holder of a recreational fishing licence under that licence.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

15.   Use of spear

(1)  A person must not use a spear to take fish in –

(a) the River Mersey waters; and

(b) the River Leven waters; and

(c) the Inglis River waters.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(2)  A person must not use a spear to take bream in State waters.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

16.   Receipt of purchase of fish for resale

(1)  A person who purchases fish from a fish merchant, other than abalone purchased from the holder of a fishing licence (abalone dive), for the purpose of resale must –

(a) obtain from the fish merchant a signed receipt containing the information specified in subrule (2) ; and

(b) [Rule 16 Subrule (1) amended by S.R. 1996, No. 148, Applied:30 Oct 1996] retain that receipt in good condition for a period of not less than 5 years after the date of obtaining it; and

(c) if required to do so by a fisheries officer, produce that receipt for examination.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(2)  A receipt must contain the following information:

(a) the name and address of the person who sold the fish;

(b) the date of sale;

(c) the species or a recognised common name of the fish;

(d) the quantity of each species of fish.

(3)  A person must not have possession of any fish for the purpose of resale unless the person has a receipt referred to in subrule (1) .

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(4)  Subrule (3) does not apply to –

(a) rock lobster in the possession of the holder of a fishing licence (rock lobster); or

(b) abalone in the possession of the holder of a fishing licence (abalone dive) or a person who purchases those abalone from the holder of that licence; or

(c) scallops in the possession of the holder of a fishing licence (scallop); or

(d) fish of any other kind or species in the possession of the holder of a fishing licence (personal); or

(e) fish bred, reared, grown or taken under a marine farming licence or permit relating to marine farming and in the possession of the holder of that licence or permit.

(5)  It is a defence to any proceedings under subrule (3) for a person to prove that the fish were obtained directly from a person who carries on the business of selling fish outside Tasmania.

17.   Receipt of sale of fish

(1)  A fish merchant must supply a person with a receipt –

(a) if the fish merchant sells more than 10 rock lobster or 20 abalone to the person; or

(b) at the request of the person, if the fish merchant has sold the person any other fish.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(2)  A fish merchant must –

(a) [Rule 17 Subrule (2) amended by S.R. 1996, No. 148, Applied:30 Oct 1996] retain a copy of the receipt in good condition for a period of not less than 5 years after supplying it; and

(b) if required to do so by a fisheries officer, produce that copy for examination.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

Division 2 - Marks and measurement

18.   Fishing vessel marks

(1)  On the issue of a fishing licence (vessel), the Secretary is to –

(a) allot a distinguishing mark in respect of the fishing vessel specified in the licence; and

(b) include that mark on the licence; and

(c) advise the holder of the licence of that mark.

(2)  The holder of a fishing licence (vessel) must cause the distinguishing mark to be painted or displayed in distinct and legible characters –

(a) on or to each side of the hull of the fishing vessel and any dinghy used in conjunction with the fishing vessel, above the water-line; and

(b) on or to the topside of the wheelhouse or the deck of the fishing vessel so as to be visible from the air.

Penalty:  Fine not exceeding the Grade 1 penalty.

(3)  A distinguishing mark –

(a) consists of any combination of letters or letters and numerals, the Secretary determines; and

(b) is to be painted or displayed –

(i) in the case of a distinguishing mark on the side of the hull of a fishing vessel or dinghy, in white characters on a dark ground, or in dark characters on a white ground, not less than 150 millimetres high and not less than 25 millimetres wide; and

(ii) in the case of the distinguishing mark on the wheelhouse or deck of a fishing vessel, in black characters on an orange ground surrounded by a black border, not less than 900 millimetres high, not less than 75 millimetres wide and spaced 100 millimetres apart; and

(c) in the case of the distinguishing mark on the wheelhouse or deck of a fishing vessel, is to be painted or displayed from port to starboard, and from forward to aft, of the boat; and

(d) during the currency of the licence in respect of which it is allotted, is to be maintained in a clean condition and kept unobscured.

19.   Dinghies

(1)  The holder of a fishing licence (vessel) may use only up to 2 dinghies from the fishing vessel specified in the licence.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(2)  The holder of a fishing licence (vessel) must cause to be displayed on each side of the hull of the dinghy the letter "D" above or forward of the distinguishing mark of the fishing vessel.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

20.   Buoy marks

(1)  The owner or person in charge of a fishing vessel must mark or cause to be marked legibly and clearly the distinguishing mark on the main buoy attached to the hauling line of every rock lobster pot, rock lobster pot longline, fish trap and fish cauf used in connection with the fishing vessel.

Penalty:  Fine not exceeding the Grade 1 penalty.

(2)  The owner or person in charge of a fishing vessel must provide for a fish trap used in connection with the fishing vessel, in addition to the main buoy, a buoy –

(a) marked with the letters "F.T."; and

(b) attached to the hauling line of that fish trap within one metre of the main buoy.

Penalty:  Fine not exceeding the Grade 1 penalty.

(3)  [Rule 20 Subrule (3) amended by S.R. 1998, No. 62, Applied:15 Jun 1998] A distinguishing mark made for the purposes of subrule (1) or (2) must be at least 70 millimetres in height and at least 12 millimetres in width.

(4)  The owner or person in charge of a fishing vessel must –

(a) maintain the distinguishing marks referred to in subrules (1) and (2) in a clear and legible condition; and

(b) ensure that the buoys bear only the distinguishing marks referred to in this rule.

Penalty:  Fine not exceeding the Grade 1 penalty.

20A.   Limits, tags and markings

[Rule 20A Inserted by S.R. 1998, No. 62, Applied:15 Jun 1998] The Minister, by public notice, may determine the following:

(a) the limits for taking or possessing fish for recreational fishing;

(b) the manner in which fish containers and receptacles are to be marked, tagged and notified;

(c) the type, volume and marking of containers and receptacles containing fish;

(d) the marking of fish.

20B.   Nature of buoys

[Rule 20B Inserted by S.R. 1998, No. 62, Applied:15 Jun 1998] A person must not attach a buoy to any fishing gear unless the buoy –

(a) is spherical in shape; and

(b) has a diameter of not less than 20 centimetres; and

(c) is specifically designed as a buoy.

Penalty:  Fine not exceeding the Grade 1 penalty.

21.   Net mesh measurements

(1)  The mesh size of a net, or part of a net, is to be taken to be the average measurement of 10 adjoining meshes in the net or that part.

(2)  The measurement of a mesh in a net, or part of a net, is the longest distance between the inside surface of diagonally opposite knots of the mesh, measured when –

(a) the mesh is held taut; and

(b) the other 2 diagonally opposite knots are touching each other.

PART 3 - .  .  .  .  .  .  .  .  

[Part 3 Rescinded by S.R. 1998, No. 62, Applied:15 Jun 1998]

22.   

[Rule 22 Rescinded by S.R. 1998, No. 62, Applied:15 Jun 1998] .  .  .  .  .  .  .  .  

23.   

[Rule 23 Amended by S.R. 1996, No. 148, Applied:30 Oct 1996] [Rule 23 Rescinded by S.R. 1998, No. 62, Applied:15 Jun 1998] .  .  .  .  .  .  .  .  

24.   

[Rule 24 Rescinded by S.R. 1998, No. 62, Applied:15 Jun 1998] .  .  .  .  .  .  .  .  

25.   

[Rule 25 Rescinded by S.R. 1998, No. 62, Applied:15 Jun 1998] .  .  .  .  .  .  .  .  

26.   

[Rule 26 Subrule (1) amended by S.R. 1996, No. 148, Applied:30 Oct 1996] [Rule 26 Rescinded by S.R. 1998, No. 62, Applied:15 Jun 1998] .  .  .  .  .  .  .  .  

26A.   

[Rule 26A Inserted by S.R. 1996, No. 148, Applied:30 Oct 1996] [Rule 26A Rescinded by S.R. 1998, No. 62, Applied:15 Jun 1998] .  .  .  .  .  .  .  .  

27.   

[Rule 27 Rescinded by S.R. 1998, No. 62, Applied:15 Jun 1998] .  .  .  .  .  .  .  .  

28.   

[Rule 28 Rescinded by S.R. 1998, No. 62, Applied:15 Jun 1998] .  .  .  .  .  .  .  .  

29.   

[Rule 29 Subrule (1) amended by S.R. 1996, No. 148, Applied:30 Oct 1996] [Rule 29 Rescinded by S.R. 1998, No. 62, Applied:15 Jun 1998] .  .  .  .  .  .  .  .  

30.   

[Rule 30 Rescinded by S.R. 1998, No. 62, Applied:15 Jun 1998] .  .  .  .  .  .  .  .  

31.   

[Rule 31 Rescinded by S.R. 1998, No. 62, Applied:15 Jun 1998] .  .  .  .  .  .  .  .  

32.   

[Rule 32 Rescinded by S.R. 1998, No. 62, Applied:15 Jun 1998] .  .  .  .  .  .  .  .  

PART 4 - Commercial dive fishery

33.   Taking fish by diving

A person must not take fish in State waters for commercial purposes by diving or swimming underwater unless that person is the holder of a fishing licence (commercial dive).

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

33A.   Closed and open season for abalone

[Rule 33A Inserted by S.R. 1997, No. 55, Applied:28 May 1997] The Minister, by public notice, may determine –

(a) the dates of the closed season for all or part of the abalone fishery; and

(b) the dates of the open season for all or part of the abalone fishery.

34.   Authority of fishing licence (commercial dive)

A fishing licence (commercial dive) only authorises the holder to dive in State waters to take fish, other than abalone or rock lobster, for commercial purposes.

35.   Possession of rock lobster, abalone

A person, in State waters, must not have possession of a rock lobster pot, rock lobster ring, rock lobster or abalone on a fishing vessel that is being used for the taking of fish for commercial purposes by the holder of a fishing licence (commercial dive) under that licence.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

36.   Diving from vessel

A person, in State waters, must not dive from, or enter the water from, a fishing vessel or dinghy that is being used for or in connection with the taking of fish by the holder of a fishing licence (commercial dive) unless the person is the holder of a fishing licence (commercial dive).

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

PART 5 - Marine plant fishery

37.   Taking native marine plants

(1)  A person must not take a native marine plant in State waters unless the person is the holder of –

(a) a fishing licence (marine plant); and

(b) if the native marine plant is taken by means of diving or swimming, a fishing licence (commercial dive).

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(2)  Subrule (1) does not apply to a species of native marine plants in State waters which are grown in a marine farm under a marine farming licence that specifies that species.

(3)  [Rule 37 Subrule (3) inserted by S.R. 1996, No. 148, Applied:30 Oct 1996] Subrule (1) does not apply to a person who collects cast seaweed for non-commercial purposes if –

(a) the cast seaweed is not attached to the seafloor; and

(b) the cast seaweed is not in water; and

(c) the person collects no more than 100 kilograms of cast seaweed a day.

38.   Taking Undaria

(1)  A person must not take Undaria in State waters unless the person is the holder of –

(a) a fishing licence (Undaria); and

(b) a fish processing licence that specifies that Undaria may be processed under that licence.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(2)  A person must not take Undaria in State waters on behalf of the holder of a fishing licence (Undaria) without the approval of the Secretary.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(3)  The holder of a fishing licence (Undaria) must advise the Secretary, by notice in writing, within 7 days after ceasing to employ a person approved under subrule (2) to take Undaria under that licence.

Penalty:  Fine not exceeding the Grade 1 penalty.

39.   Authority of fishing licence (marine plant)

(1)  A fishing licence (marine plant) only authorises the holder to take and sell marine plants specified in the licence.

(2)  A fishing licence (Undaria) only authorises the holder to take Undaria in State waters in accordance with the licence.

40.   Restrictions on fishing licence (marine plant)

The holder of a fishing licence (marine plant) must not take –

(a) any species or kind of native marine plant except the species or kind specified in the licence; or

(b) native marine plants except during the periods and in the areas of State waters and in the quantity specified in the licence; or

(c) a native marine plant except by the method specified in the licence in respect of that native marine plant.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

41.   Restrictions on fishing licence (Undaria)

The holder of a fishing licence (Undaria) must not –

(a) take any marine plant other than Undaria under the licence; and

(b) take Undaria under the licence except during the periods and in the areas of State waters and in the quantity specified in the licence; and

(c) cause Undaria to be taken except by the method specified in the licence; and

(d) direct or permit any person who is not approved by the Secretary to take Undaria under the licence.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

42.   Restricted zones

(1)  A person must not have possession of unprocessed Undaria outside a restricted zone unless the person is the holder of a fishing licence (Undaria) specifying that the holder of the licence may have possession of unprocessed Undaria outside a restricted zone for the purpose of transporting it to any processing premises where it is to be processed.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(2)  A person must not have possession of unprocessed sporophylls of Undaria outside the restricted zone.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

43.   Preventing spread of Undaria

(1)  A person must not knowingly place or release Undaria or take any action which is likely to result in the spread of any Undaria –

(a) in State waters; or

(b) on any land or in any waters from where the Undaria is likely, as a result of natural forces, to later reach and enter State waters.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(2)  A person who removes any Undaria from State waters must not return it to those waters.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

PART 6 - Purse seine fishery and tasmanian mackerel fishery

Division 1 - Purse Seine Fishery

44.   Taking fish by purse seine net

A person must not take fish for sale using a purse seine net unless the person is the holder of –

(a) a fishing licence (purse seine); or

(b) a mackerel fishing licence.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

45.   Authority of fishing licence (purse seine)

A fishing licence (purse seine) only authorises the holder to take fish for sale using a purse seine net.

46.   Use of purse seine nets

A person must not use a purse seine net from, or carry a purse seine net on, a fishing vessel in State waters unless the fishing vessel is specified in a fishing licence (purse seine) or a mackerel fishing licence.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

Division 2 - Mackerel Fishery

47.   Taking mackerel

A person must not take mackerel unless the person is the holder of –

(a) a fishing licence (vessel), if using a fishing vessel that is 20 metres or less in length; or

(b) a mackerel fishing licence if using a fishing vessel that exceeds 20 metres in length.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

48.   Authority of mackerel fishing licences

(1)  A fishing licence (mackerel A) only authorises the holder, in State waters –

(a) to use the fishing vessel specified in the licence; and

(b) to take mackerel not exceeding the quantity specified in the licence.

(2)  A fishing licence (mackerel B) only authorises the holder, in State waters –

(a) to use the fishing vessel specified in the licence; and

(b) to take mackerel during the open season for the mackerel fishery.

49.   Restrictions on mackerel

(1)  A person who is not the holder of a mackerel fishing licence must not in State waters –

(a) use a fishing vessel that exceeds 20 metres in length for the purpose of taking more than 100 kilograms of mackerel each day; or

(b) have more than 100 kilograms of mackerel on a fishing vessel that exceeds 20 metres in length.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(2)  Subrule (1)(b) does not apply to –

(a) any person who –

(i) uses a fishing vessel that exceeds 20 metres in length; and

(ii) has an appropriate Commonwealth authority; or

(b) the holder of a fishing licence (rock lobster) using mackerel as a bait for taking rock lobster.

50.   Quantity of mackerel

The Minister must not –

(a) grant a mackerel fishing licence; or

(b) vary the quantity of mackerel that the holders of mackerel fishing licences may take under those licences –

so that the total quantity of mackerel authorised to be taken by the holders of mackerel fishing licences exceeds the total allowable catch for that fish.

51.   Open and closed season for mackerel

(1)  The open season for the mackerel fishery is between 1 September in one year and 31 August in the following year, both days inclusive.

(2)  The Minister, by public notice, may determine that all or part of the mackerel fishery be closed for holders of mackerel fishing licences during any period specified in the notice.

PART 7 - Recreational fisheries

52.   Taking fish by nets in the recreational fisheries

(1)  A person must not take fish for recreational fishing with a beach seine net unless the person is the holder of a fishing licence (recreational beach seine).

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(2)  A person must not take fish for recreational fishing with a graball net unless the person is the holder of a fishing licence (recreational graball).

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(3)  A person must not take fish for recreational fishing with a mullet net unless the person is the holder of a fishing licence (recreational mullet net).

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

53.   Authority of recreational fishing licences

(1)  [Rule 53 Subrule (1) omitted by S.R. 1998, No. 62, Applied:15 Jun 1998] .  .  .  .  .  .  .  .  

(2)  A fishing licence (recreational beach seine) only authorises the holder to use one beach seine net to take fish for recreational fishing.

(3)  A fishing licence (recreational graball) only authorises the holder to use one graball net to take fish for recreational fishing.

(4)  [Rule 53 Subrule (4) omitted by S.R. 1998, No. 62, Applied:15 Jun 1998] .  .  .  .  .  .  .  .  

(5)  [Rule 53 Subrule (5) omitted by S.R. 1998, No. 62, Applied:15 Jun 1998] .  .  .  .  .  .  .  .  

(6)  [Rule 53 Subrule (6) omitted by S.R. 1998, No. 62, Applied:15 Jun 1998] .  .  .  .  .  .  .  .  

(7)  A fishing licence (recreational mullet net) only authorises the holder to use one mullet net to take fish for recreational fishing.

(8)  A fishing licence (recreational scallop dive) only authorises the holder to take scallops by means of diving or swimming for recreational fishing.

(9)  A fishing licence (recreational scallop dredge) only authorises the holder to take scallops by means of a scallop dredge for recreational fishing.

54.   Grant of recreational fishing licence

(1)  [Rule 54 Subrule (1) omitted by S.R. 1998, No. 62, Applied:15 Jun 1998] .  .  .  .  .  .  .  .  

(2)  [Rule 54 Subrule (2) omitted by S.R. 1998, No. 62, Applied:15 Jun 1998] .  .  .  .  .  .  .  .  

(3)  [Rule 54 Subrule (3) amended by S.R. 1996, No. 148, Applied:30 Oct 1996] A recreational fishing licence may be granted or renewed by a person delegated to do so by the Minister under the Act even though the person is not satisfied as to all of the matters specified in section 78 or 81 of the Act.

55.   Number of recreational fishing licences

(1)  [Rule 55 Subrule (1) amended by S.R. 1998, No. 62, Applied:15 Jun 1998] A person must not hold more than one of each of the recreational fishing licences specified in rule 53(2) , (7) , (8) or (9)

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(2)  A person must not hold more than 2 fishing licences (recreational graball).

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

56.   Recreational fishing licence number

(1)  On the issue of a fishing licence (recreational graball), a fishing licence (recreational mullet net) or a fishing licence (recreational rock lobster pot), the Secretary is to –

(a) allot a number to the fishing licence; and

(b) advise the holder of the fishing licence of that number.

(2)  On being advised of the licence number, the holder of the fishing licence must –

(a) mark that number legibly and clearly on one of the marker buoys required for any net or rock lobster pot used under the licence with figures not less than 70 millimetres high and 12 millimetres wide; and

(b) ensure that only marks required under these rules are on the buoy; and

(c) attach the buoy securely to the net or rock lobster pot to which the fishing licence relates; and

(d) maintain the number in a clear and legible condition.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

57.   Recreational fishing gear tags

(1)  The Secretary is to issue to the holder of any of the following licences a tag for any fishing gear to be used under the licence:

(a) a fishing licence (recreational rock lobster pot);

(b) a fishing licence (recreational graball);

(c) a fishing licence (recreational mullet net).

(2)  The holder of a licence specified in subrule (1) must not use any fishing gear under that licence unless the recreational fishing gear tag issued for that gear is attached to the gear so that the tag is clearly visible when the gear is in use.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(3)  If a fishing gear tag relating to a licence is lost or destroyed –

(a) the holder of the licence may use the fishing gear without a tag for 14 days after the date on which the tag was lost or destroyed if a buoy attached to the fishing gear is clearly marked with that date; and

(b) the Secretary, if satisfied that the tag has been lost or destroyed, and on payment of the prescribed fee, may issue a new tag if the holder of the licence presents the licence to the Secretary.

58.   

[Rule 58 Rescinded by S.R. 1998, No. 62, Applied:15 Jun 1998] .  .  .  .  .  .  .  .  

59.   

[Rule 59 Rescinded by S.R. 1998, No. 62, Applied:15 Jun 1998] .  .  .  .  .  .  .  .  

60.   

[Rule 60 Rescinded by S.R. 1998, No. 62, Applied:15 Jun 1998] .  .  .  .  .  .  .  .  

61.   

[Rule 61 Rescinded by S.R. 1998, No. 62, Applied:15 Jun 1998] .  .  .  .  .  .  .  .  

62.   Use of certain sized nets

The holder of a recreational fishing licence must not use any of the following that exceeds 50 metres in length:

(a) beach seine net;

(b) graball net;

(c) mullet net.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

63.   

[Rule 63 Rescinded by S.R. 1998, No. 62, Applied:15 Jun 1998] .  .  .  .  .  .  .  .  

PART 8 - Giant crab fishery

Division 1 - .  .  .  .  .  .  .  .  

[Division 1 of Part 8 Rescinded by S.R. 1998, No. 62, Applied:15 Jun 1998]

64.   

[Rule 64 Rescinded by S.R. 1998, No. 62, Applied:15 Jun 1998] .  .  .  .  .  .  .  .  

65.   

[Rule 65 Rescinded by S.R. 1998, No. 62, Applied:15 Jun 1998] .  .  .  .  .  .  .  .  

66.   

[Rule 66 Rescinded by S.R. 1998, No. 62, Applied:15 Jun 1998] .  .  .  .  .  .  .  .  

67.   

[Rule 67 Rescinded by S.R. 1998, No. 62, Applied:15 Jun 1998] .  .  .  .  .  .  .  .  

68.   

[Rule 68 Rescinded by S.R. 1998, No. 62, Applied:15 Jun 1998] .  .  .  .  .  .  .  .  

69.   

[Rule 69 Rescinded by S.R. 1998, No. 62, Applied:15 Jun 1998] .  .  .  .  .  .  .  .  

70.   

[Rule 70 Rescinded by S.R. 1998, No. 62, Applied:15 Jun 1998] .  .  .  .  .  .  .  .  

71.   

[Rule 71 Rescinded by S.R. 1998, No. 62, Applied:15 Jun 1998] .  .  .  .  .  .  .  .  

72.   

[Rule 72 Rescinded by S.R. 1998, No. 62, Applied:15 Jun 1998] .  .  .  .  .  .  .  .  

73.   

[Rule 73 Rescinded by S.R. 1998, No. 62, Applied:15 Jun 1998] .  .  .  .  .  .  .  .  

74.   

[Rule 74 Rescinded by S.R. 1998, No. 62, Applied:15 Jun 1998] .  .  .  .  .  .  .  .  

75.   

[Rule 75 Rescinded by S.R. 1998, No. 62, Applied:15 Jun 1998] .  .  .  .  .  .  .  .  

76.   

[Rule 76 Rescinded by S.R. 1998, No. 62, Applied:15 Jun 1998] .  .  .  .  .  .  .  .  

77.   

[Rule 77 Rescinded by S.R. 1998, No. 62, Applied:15 Jun 1998] .  .  .  .  .  .  .  .  

Division 2 - Giant crab fishery

78.   Taking or possession of giant crabs

(1)  A person in State waters must not take or have possession of a giant crab unless that person is the holder of –

(a) a fishing licence (rock lobster); or

(b) a fishing licence (recreational rock lobster pot).

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(2)  A person referred to in subrule (1)(a) must not take or have possession of more than 10 giant crabs.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(3)  A person referred to in subrule (1)(b) must not take or have possession of more than 2 giant crabs.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

78A.   Restrictions on giant crabs

[Rule 78A Inserted by S.R. 1996, No. 148, Applied:30 Oct 1996] A person must not –

(a) take, buy or sell, or have possession of, a female giant crab having eggs or spawn attached; or

(b) remove any eggs or spawn from a female giant crab; or

(c) have possession of a female giant crab from which eggs or spawn have been removed; or

(d) dismember a giant crab in State waters; or

(e) have possession of a dismembered giant crab in State waters.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

79.   Sale of giant crabs

The holder of a fishing licence (personal) must not sell giant crabs unless the person is the holder of a fishing licence (rock lobster).

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

80.   Closed and open season for giant crab

The Minister, by public notice, may determine –

(a) the dates of the closed season for all or part of the giant crab fishery; and

(b) the dates of the open season for all or part of the giant crab fishery.

PART 9 - Scalefish fishery

Division 1 - Use of nets in certain waters

81.   Possession or setting nets

(1)  A person must not, in State waters, possess or set a graball net unless the person is the holder of –

(a) a fishing licence (recreational graball); or

(b) a fishing licence (personal).

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(2)  A person must not, in State waters, possess or set a mullet net unless the person is the holder of a fishing licence (recreational mullet net).

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(3)  A person must not, in State waters, possess or set a beach seine net unless the person is the holder of –

(a) a fishing licence (recreational beach seine); or

(b) a fishing licence (personal).

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

82.   Endorsement of fishing licence (personal)

(1)  The Secretary may endorse a fishing licence (personal) –

(a) for the use of specified nets in specified waters; or

(b) for taking, possessing or sale of specified species or kinds of fish.

(2)  The holder of a fishing licence (personal) that is endorsed under subrule (1) must fish in accordance with the licence as endorsed.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

83.   Use of nets prohibited

A person must not use a net of any kind in any of the following waters:

(a) in the north west region –

(i) Horsehead Creek flowing into the River Mersey waters above an imaginary straight line running north and south 100 metres on the eastern side of the main Bass Highway Bridge over that creek; and

(ii) the Pieman River, upstream from an imaginary line extending through Pieman Head along longitude 144º55' east; and

(iii) the Inglis River waters; and

(iv) the Black River, upstream of the mouth where the river enters Bass Strait between Peggs Beach and Black River Beach and including those waters within 100 metres to seaward of the mouth; and

(v) the Don River, upstream from an imaginary line extending across the mouth from Don Heads in the west to the gun club building on the eastern shore and including those waters within 100 metres to seaward of this line; and

(vi) Port Sorell and its tributaries south of the line of latitude at the northern end of Dells Point (also known as The Tongue); and

(vii) [Rule 83 Amended by S.R. 1996, No. 148, Applied:30 Oct 1996] the Blythe River and its tributaries, upstream of the mouth and including those waters within 100 metres of the seaward extremity of the rocks on the eastern shore at the mouth; and

(viii) the Emu River and its tributaries, upstream of the mouth and including those waters within 200 metres to seaward of the road bridge; and

(ix) the Cam River, upstream of the mouth and including those waters within 300 metres to seaward of the road bridge; and

(x) the Detention River, including the waters of Pebbly Bay, upstream of the mouth where the river enters Bass Strait between Hellyer Beach and Forwards Beach and including those waters within 100 metres to seaward of the mouth; and

(xi) Arthur River; and

(xii) Sawyer Bay, within 500 metres of the shore off the town of Stanley, commencing at the longitude of the western face of the western wave wall of the Fishermans Dock and extending along the shore in a general easterly direction to the longitude of Needle Rocks on Circular Head; and

(xiii) the Henty River, within 100 metres to seaward of the mouth of the river; and

(xiv) Macquarie Harbour south and east of an imaginary line extending from Gordon Point to Charcoal Burners Bluff; and

(xv) Sulphur Creek, upstream of the railway bridge;

(b) in the north east region –

(i) Four-mile Creek, in the municipal area of Break O'Day; and

(ii) the Brid River, above the mouth of Trent Water and above an imaginary straight line extending from the eastern extremity of Barnbougle Beach to Regatta View Point on the opposite shore; and

(iii) the Scamander River; and

(iv) the River Tamar upstream of an imaginary straight line drawn from Point Rapid to Sheeptail Point; and

(v) the Douglas River, in the municipal area of Break O'Day; and

(vi) Georges Bay west of an imaginary straight line extending from the eastern end of the bridge crossing Colchis Creek on the northern shore to the No. 15 beacon situated at approximately 41º 19.82' south and 148º 15.50' east to the Sea Scout launching ramp on the southern shore of the bay;

(c) in the southern region –

(i) Little Swanport Estuary and Little Swanport River, in the municipal area of Glamorgan-Spring Bay; and

(ii) the Coal River, north of the causeway across the western arm of Pittwater; and

(iii) the Esperance River, upstream of an imaginary straight line extending southward between Slacks Point and Hawkers Point; and

(iv) the Huon River upstream of the line of latitude from the navigation light on Brabazon Point to the western side of the river; and

(v) the D'Entrecasteaux River, upstream of a line extending eastwards from the intersection of the Cockle Creek Road and the Leprena Track to the eastern side of the river at the northern extremity of Coal Pit Bight; and

(vi) the Catamaran River, upstream of the mouth and including those waters within 200 metres to seaward of the mouth; and

(vii) Doctors Creek, in the municipal area of Glamorgan-Spring Bay; and

(viii) Pittwater; and

(ix) the North-West Bay River upstream of an imaginary line across North-West Bay from the boat ramp at Dru Point to the western point of Stinkpot Bay in the municipal area of Kingborough; and

(x) the Meredith River, in the municipal area of Glamorgan-Spring Bay; and

(xi) Browns River upstream of the river mouth including waters within 100 metres seaward of the mouth in the municipal area of Kingborough; and

(xii) the Lune River upstream of the line of latitude 43º26'50" south across the channel between Hastings Bay and Bream Bay in the north and Major Honnors Bay and Jagers Bay in the south; and

(xiii) Bream Creek; and

(xiv) Carlton River; and

(xv) Prosser River; and

(xvi) Mayfield River; and

(xvii) the Lisdillon River; and

(xviii) Pipe-clay Lagoon, in the municipal area of Clarence; and

(xix) River Derwent upstream of an imaginary line extending from the navigation light at Battery Point, Hobart, to the navigation light at Rosny Point, Hobart.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

84.   Restricted use of nets in north west region

(1)  A person must not use a net of any kind in the following waters:

(a) the River Mersey waters;

(b) the Forth River, upstream of an imaginary line extending the direction of The Esplanade as it is west of its intersection with Boys Street across the mouth of the river to the eastern shore of the river and including those waters within 200 metres to seaward of this line; and

(c) the River Leven waters.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(2)  Subrule (1) does not apply to the holder of a fishing licence (personal) that is endorsed accordingly.

(3)  A person, in the waters of Macquarie Harbour, must not –

(a) use more than 2 graball nets; and

(b) use a graball net that exceeds 50 metres.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(4)  The holder of a fishing licence (personal) must not, in the waters of Macquarie Harbour which lie north and west of a line between King Point in the north and Table Head in the south –

(a) use more than 800 metres of graball nets; and

(b) use a graball net that –

(i) exceeds 200 metres; and

(ii) is set within 50 metres of another net.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

85.   Restricted use of nets in Georges Bay

(1)  A person must not use a net of any kind in the waters of Georges Bay east of an imaginary straight line extending from the eastern end of the bridge crossing Colchis Creek on the northern shore to the No. 15 beacon situated at approximately 41º 19.82' south and 148º 15.50' east to the Sea Scout launching ramp on the southern shore of the bay.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(2)  Subrule (1) does not apply to–

(a) the holder of a fishing licence (personal) whose licence is endorsed accordingly for the waters who uses graball nets if –

(i) none of those nets exceeds 100 metres in length; and

(ii) none of those nets is set within 20 metres of another net; and

(iii) not more than 6 graball nets are used from the fishing vessel;

(b) the holder of a fishing licence (personal) who uses a seine net from a fishing vessel in the waters of Georges Bay between a line of longitude at the end of the training wall situated at the entrance of the Bay and the imaginary line referred to in that subrule if the net does not exceed 110 metres in length; or

(c) the holder of a fishing licence (personal) who uses a seine net east of the longitude of the training wall situated at the entrance of Georges Bay; or

(d) the holder of a fishing licence (recreational graball) who uses only one graball net; or

(e) the holder of a fishing licence (recreational beach seine).

86.   Restricted use of nets in North East River

(1)  A person must not use a net of any kind in the waters of the North East River, in the municipal area of Flinders.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(2)  Subrule (1) does not apply to a person who uses a graball net that –

(a) does not exceed 50 metres in length; and

(b) is used from a vessel from which no other net is used.

(3)  A person, on a vessel which does not exceed 6 metres in length and in the waters of the North East River, must not have possession of more than one graball.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

87.   Restricted use of nets in River Derwent

(1)  A person must not use a net of any kind in the waters of the River Derwent and its tributaries above an imaginary straight line extending from Crayfish Point on the western bank of that river to Droughty Point on the eastern bank of that river.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(2)  Subrule (1) does not apply to a person who uses one graball net that does not exceed 50 metres from sunrise to sunset in the waters between the line referred to in that subrule and an imaginary straight line extending from the navigation light at Battery Point, Hobart, to the navigation light at Rosny Point, Hobart.

(3)  A person, in the waters of the River Derwent downstream of the line referred to in subrule (1) , must not use –

(a) more than one graball net; or

(b) a graball net which exceeds 50 metres in length.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

88.   Restriction on use of nets in certain waters

A person must not use a net, other than a bait net or a landing net, in –

(a) Ansons Bay, in the municipal area of Break O'Day; or

(b) Moulting Lagoon, King Bay, Pelican Bay and all the waters north of the latitude through Point Bagot, in the municipal area of Glamorgan-Spring Bay.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

89.   Restricted use of graball net in certain waters

A person must not use more than one graball net and that net must not exceed 50 metres in length in the following waters:

(a) Southport, west of a line from Southport Bluff to Burnett Point;

(b) Recherche Bay, west of a line from Sullivan Point to the navigation light on Fishers Point;

(c) Bathurst Harbour, east of a line from Turnbull Head to Milner Head.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

90.   Use of graball net permitted

(1)  A person must not use a gillnet in any shark nursery waters, other than in the waters of Georges Bay and the River Derwent as provided in rules 85 and 87 .

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(2)  Subrule (1) does not apply to –

(a) the holder of a fishing licence (personal) who uses a graball net in the waters of Blackman Bay and the D’Entrecasteaux Channel if –

(i) not more than one graball net is used; and

(ii) that graball net does not exceed 50 metres in length; or

(b) the holder of a fishing licence (personal) who uses graball nets in the waters of the Great Oyster Bay or in the East Coast waters if –

(i) none of those nets exceeds 200 metres in length; and

(ii) none of those nets is set within 50 metres of another net; and

(iii) the total combined length of those nets does not exceed 800 metres; or

(c) the holder of a fishing licence (personal) that is endorsed for the waters of the River Tamar; or

(d) the holder of a fishing licence (personal) that is endorsed for the waters of Port Sorell; or

(e) the holder of a fishing licence (personal) endorsed for the waters of the Mercury Passage if any net is used within 200 metres of low water mark and outside the Maria Island National Park; or

(f) the holder of a fishing licence (personal) endorsed for the waters of Frederick Henry Bay and Norfolk Bay if the nets are used within 200 metres of low water mark of –

(i) the shore of those bays; and

(ii) any islands, rocks or reefs within those bays which are exposed at Indian Spring Low Water;

(g) the holder of a fishing licence (personal) endorsed for the waters of Frederick Henry Bay and Norfolk Bay inshore of the following baselines:

(i) from Tiger Head to the western extremity of Spectacle Island;

(ii) from the southern extremity of Spectacle Island to Spectacle Head;

(iii) From the southern extremity of Carlton Bluff to Renard Point;

(iv) from Renard Point to Primrose Point;

(v) from Primrose Point to Dorman Point;

(vi) from Dorman Point to Fulham Point;

(vii) from Fulham Point to the western extremity of Smooth Island;

(viii) from the southern extremity of Smooth Island to Chronicle Point;

(ix) from Sympathy Point to Parkinsons Point;

(x) from Parkinsons Point to Premaydena Point (otherwise known as Halfway Bluff);

(xi) from Premaydena Point to Deer Point;

(xii) from Deer Point to Ironstone Point;

(xiii) from Ironstone Point to a point of latitude 42º 57.5' south and longitude 147º 43.8' east;

(xiv) from the northern extremity of Green Head to the northern extremity of Sloping Island;

(xv) from the southern extremity of Sloping Island to Black Jack Point; or

(h) the holder of a fishing licence (recreational graball) if only one graball net is used in accordance with this Part in the following waters:

(i) Blackman Bay;

(ii) Georges Bay;

(iii) River Derwent;

(iv) D'Entrecasteaux Channel;

(v) Great Oyster Bay;

(vi) East Coast waters;

(vii) Mercury Passage within 200 metres of low water mark outside the Maria Island National Park;

(viii) Port Sorell;

(ix) River Tamar;

(x) the waters of Frederick Henry Bay and Norfolk Bay referred to in paragraphs (f) and (g) .

91.   Use of mullet net in certain waters

A person must not use a mullet net in the following waters:

(a) shark nursery waters;

(b) Southport, west of a line from Southport Bluff to Burnett Point;

(c) Recherche Bay, west of a line from Sullivan Point to the navigation light on Fishers Point;

(d) Bathurst Harbour, east of a line from Turnbull Head to Milner Head;

(e) Macquarie Harbour.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

92.   Use of gillnet in certain waters

A person must not use a gillnet in the waters of the D'Entrecasteaux Channel which are within 100 metres of the low water mark of any land comprising Arch Island (also known as Arch Rock).

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

93.   Use of beach seine net

(1)  The holder of a fishing licence (personal), must not use a beach seine net of any kind in State waters between Point Sorell, Hawley near Devonport and west about to North Point at Stanley unless the licence is endorsed accordingly.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(2)  A person must not take Australian Salmon of the genus Arripis within one nautical mile of the low water mark between Point Sorell, Hawley near Devonport and west about to North Point, Stanley with an encircling net unless it –

(a) is a beach seine net; and

(b) is hauled onto a beach.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

94.   Use of small mesh gillnets

(1)  A person must not use from, or possess on, a vessel a small mesh gillnet in any State waters.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(2)  Subrule (1) does not apply to the holder of a fishing licence (personal) endorsed for the use of small mesh gillnets in waters off the north coast of Tasmania bounded in the west by a line of latitude through Cape Grim and in the east by a line of latitude through Cape Naturaliste.

(3)  A person must not use from, or carry on, a fishing vessel –

(a) more than 600 metres of small mesh gillnets; and

(b) a small mesh gillnet which exceeds 200 metres in length.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(4)  A person must not use a small mesh gillnet unless the gillnet is marked at one end by a green surface marker buoy and marked at the other end by a white surface marker buoy.

Penalty:  Fine not exceeding the Grade 1 penalty.

95.   Use of special small mesh gillnets

(1)  A person must not use from, or possess on, a vessel a special small mesh gillnet in any State waters.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(2)  Subrule (1) does not apply to the holder of a fishing licence (personal) endorsed for the use of special small mesh gillnets in –

(a) the River Mersey waters; and

(b) the waters of Port Sorell.

(3)  A person must not use a special small mesh gillnet unless the gillnet is marked at one end by a green surface marker buoy and marked at the other end by a white surface marker buoy.

Penalty:  Fine not exceeding the Grade 1 penalty.

96.   Use of mullet nets

The holder of a fishing licence (personal) in State waters must not use from, or possess on, a fishing vessel a mullet net.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

97.   Automatic hook baiting and setting gear

(1)  A person must not use automatic hook baiting and setting gear in State waters.

(2)  A person must not have possession of automatic hook baiting and setting gear in State waters unless the person –

(a) has an appropriate Commonwealth authority relating to the use of automatic hook baiting and setting gear; or

(b) holds a foreign fishing licence in force under the Commonwealth Act.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

97A.   Use of fish traps

[Rule 97A Inserted by S.R. 1996, No. 148, Applied:30 Oct 1996]

(1)  A person must not use, or have possession of, a fish trap in State waters unless the person is the holder of a fishing licence (vessel).

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(2)  The holder of a fishing licence (vessel) must not use, or have possession of, more than 2 fish traps in State waters.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(3)  The holder of a fishing licence (vessel) must not use, or have possession of, a fish trap unless the fish trap is used from or is on the fishing vessel specified in the fishing licence (vessel).

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(4)  For the purposes of this rule,

fish trap means a fish trap as described in rule 105 .

Division 2 - Fishing apparatus

98.   Seine nets

A person who uses a seine net in State waters –

(a) must bunt up and empty the net in the water; and

(b) must not draw the net ashore while fish remain in it.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

99.   Weight of nets

A person must not use a mullet net, small mesh gillnet, special small mesh gillnet, shark mesh net or graball net unless that net –

(a) is weighted at each end with a weight which is made of metal, concrete or a similar material, weighs at least 2 kilograms and is tied to the bottom line of the net; or

(b) is weighted at one end only with a weight which is made of metal, concrete or a similar material, weighs at least 4 kilograms and is tied to the bottom line of the net; or

(c) when dry, weighs at least 13 kilograms for each 50 metres of its length.

Penalty:  Fine not exceeding the Grade 1 penalty.

100.   Mullet nets

A person must not use a mullet net unless that net is marked with 2 surface marker buoys, one of which is blue or black and the other of which is white.

Penalty:  Fine not exceeding the Grade 1 penalty.

101.   Length of line

(1)  A person who is not the holder of a fishing licence (shark hook) or does not have an appropriate Commonwealth authority must not take fish from State waters using, or from a vessel carrying –

(a) more than 15 droplines; or

(b) more than 2 000 metres of longline to which hooks or snoods are attached; or

(c) a combination of longlines and droplines which in total exceed 2 000 metres in length where each dropline is taken to equate to 133 metres of longline.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(2)  The length of line is measured from the first hook or snood on the line to the last hook or snood on the line.

102.   Longlines

A person must not –

(a) set or use a longline in the River Derwent; or

(b) set or use a longline in any waters specified in –

(i) rules 83 , 84 , 86 , 88 and 89 ; or

(ii) D'Entrecasteaux Channel.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

103.   Closed and open season for scalefish

The Minister, by public notice, may determine –

(a) the dates of the closed season for all or part of the scalefish fishery; and

(b) the dates of the open season for all or part of the scalefish fishery.

104.   Banded morwong and wrasse

(1)  A person must not sell any live banded morwong or live wrasse unless the person is the holder of a fishing licence (personal) endorsed accordingly.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(2)  The holder of a fishing licence (personal) must not have possession of live banded morwong or live wrasse on land or in a fish-cauf unless the licence is endorsed to sell those fish.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(3)  Subrules (2) and (3) do not apply to banded morwong or wrasse processed or displayed for sale in live condition by the holder of a receipt relating to the purchase of those fish.

105.   Fish traps

A person, in State waters, must not use or have possession of a fish trap –

(a) the measurements of which exceed 2 metres by 1 metre by 2 metres; or

(b) that has meshes of less than 25 millimetres; or

(c) that has a fixed rectangular entrance that exceeds 57 millimetres in width and 250 millimetres in height.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

106.   Fish nets

(1)  A person must not use or possess a net in State waters for the purpose of, or in connection with, taking fish unless the net is –

(a) a gillnet; or

(b) a trawl net; or

(c) a beach seine net; or

(d) a bait net; or

(e) a hand landing net; or

(f) a lampara net; or

(g) a purse seine net.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(2)  A person must not use a lampara net in State waters unless –

(a) the person is the holder of a fishing licence (personal); and

(b) the net is used from a fishing vessel specified in a fishing licence (vessel).

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

107.   Marking of nets

(1)  The holder of a fishing licence (personal) must not use a small mesh gillnet, special small mesh gillnet, shark gillnet or a graball net unless that net has the distinguishing mark of the fishing vessel from which it is used clearly and legibly marked in letters not less than 70 millimetres high and not less than 12 millimetres wide on each of the surface marker buoys used to mark the net.

Penalty:  Fine not exceeding the Grade 1 penalty.

(2)  The holder of a fishing licence (personal) must ensure that marker buoys bear only the markings referred to in subrule (1) .

Penalty:  Fine not exceeding the Grade 1 penalty.

(3)  A person using a graball net must ensure –

(a) if the net is used in any shark nursery water, that it is marked at one end by a red, orange or pink marker buoy and at the other end by a white marker buoy; or

(b) if the net is used in any other water, that it is marked with a white marker buoy and a red, orange or pink marker buoy.

Penalty:  Fine not exceeding the Grade 1 penalty.

108.   Nature of buoys

A person must not attach a buoy to a net unless the buoy –

(a) is spherical in shape; and

(b) has a diameter of not less than 20 centimetres; and

(c) is specifically designed as a buoy.

Penalty:  Fine not exceeding the Grade 1 penalty.

PART 10 - Shark fishery

Division 1 - General

109.   Taking and possession of shark

A person in State waters must not –

(a) take more than 2 sharks or shark carcasses unless the person is the holder of a fishing licence (vessel); or

(b) have possession of more than 2 sharks or shark carcasses unless the person –

(i) is the holder of a fishing licence (vessel); or

(ii) has an appropriate Commonwealth authority; or

(c) take or have possession of more than 5 sharks or shark carcasses unless the person is the holder of –

(i) a fishing licence (shark gillnet); or

(ii) a fishing licence (shark hook); or

(iii) a fishing licence (rock lobster).

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

110.   Authority of licences

(1)  A fishing licence (shark gillnet) only authorises the holder to –

(a) carry or use the number of shark nets specified in the licence; and

(b) take an unlimited number of sharks using those shark nets.

(2)  A fishing licence (shark hook) only authorises the holder to take –

(a) sharks by means of hooks; and

(b) an unlimited number of sharks using those hooks.

110A.   Closed and open season for shark fishery

[Rule 110A Inserted by S.R. 1996, No. 148, Applied:30 Oct 1996] The Minister, by public notice, may determine –

(a) the dates of the closed season for all or part of the shark fishery; and

(b) the dates of the open season for all or part of the shark fishery.

Division 2 - Shark gillnet

111.   Use of certain gillnets

(1)  A person must not, on a fishing vessel in State waters, have possession of a shark net unless the person–

(a) is the holder of a fishing licence (vessel); or

(b) has an appropriate Commonwealth authority.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(2)  The holder of a fishing licence (shark gillnet) must not, on a fishing vessel in State waters, have possession of more shark nets than the licence is endorsed for.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

112.   Possession of certain sharks

(1)  A person who is carrying a shark net on a fishing vessel in State waters must not have on that vessel more than 5 sharks or shark carcasses unless the person –

(a) is the holder of a fishing licence (shark gillnet); or

(b) has an appropriate Commonwealth authority.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(2)  The holder of a fishing licence (rock lobster), must not use a longline that is more than 1 000 metres long or which has more than 200 hooks attached to it unless the person is also the holder of a fishing licence (shark hook).

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

113.   Taking sharks by gillnet

The holder of a fishing licence (shark gillnet) must not take more than 5 sharks other than by means of a gillnet unless the person –

(a) is the holder of a fishing licence (shark hook); and

(b) takes the shark in accordance with the fishing licence (shark hook).

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

114.   Fishing licence (shark gillnet)

(1)  The holder of a fishing licence (shark gillnet) may only use or have possession of a shark net that has –

(a) a monofilament single mesh; and

(b) a net depth of 20 meshes or less; and

(c) a headline length of –

(i) 600 metres or less, if the number of nets authorised under the licence is less than 4; or

(ii) 420 metres or less, if the number of nets authorised under the licence is 4 or more.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(2)  For the purpose of subrule (1)(c)  –

(a) the headline length is measured from the first point of attachment to the mesh to the last point of attachment to the mesh; and

(b) the length of any rope attached between the rope referred to in subrule (1)(c) and any buoy or similar marker at or near the surface of the water is excluded.

Division 3 - Shark hooks

115.   Taking sharks by hook

The holder of a fishing licence (shark hook) must not take more than 5 sharks other than by means of a hook unless the person –

(a) is the holder of a fishing licence (shark gillnet); and

(b) takes the shark in accordance with the fishing licence (shark gillnet).

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

116.   Carrying hooks

(1)  The holder of a fishing licence (shark hook) must not, on a fishing vessel in State waters, have possession of more than –

(a) 2 000 hooks, if the person has an appropriate Commonwealth authority that allows the use of more than 1 000 hooks; or

(b) 1 000 hooks, in any other case.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(2)  The holder of a fishing licence (shark hook) must not use more than 1 000 hooks in State waters.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

Division 4 - Taking sharks in certain waters

117.   Taking sharks in certain waters

A person must not take shark at any time in any shark nursery waters.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

PART 11 - Shellfish fishery

Division 1 - Scallop fishery

118.   Taking and possessing scallops

(1)  A person, in State waters, must not take or have possession of a scallop during the open season for the scallop fishery unless the person is the holder of –

(a) a fishing licence (scallop); or

(b) a fishing licence (recreational scallop dredge); or

(c) a fishing licence (recreational scallop dive).

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(2)  The holder of a fishing licence (scallop) must not take or have possession of a number of scallop units in State waters –

(a) [Rule 118 Subrule (2) amended by S.R. 1998, No. 62, Applied:15 Jun 1998] during any period specified under rule 122 that exceeds 3 times the number of scallop units specified in the licence; and

(b) [Rule 118 Subrule (2) amended by S.R. 1998, No. 62, Applied:15 Jun 1998] on any one occasion that exceeds one and a half times the number of scallop units specified in the licence.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(3)  The holder of a fishing licence (scallop) must not use a fishing vessel to take scallops during a period specified in rule 122 if that fishing vessel has already been used to take scallops under another fishing licence (scallop) during that period.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(4)  The holder of a fishing licence (recreational scallop dredge) must not take or have possession of more than 200 scallops in State waters in any one day.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(5)  The holder of a fishing licence (recreational scallop dive) must not take or have possession of more than 200 scallops in State waters in any one day.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

119.   Authority of licences

A fishing licence (scallop) only authorises the holder to take or have possession of the number of scallop units specified in the licence using the vessel specified in the licence.

120.   Scallop bags

(1)  A person must place any scallop taken under a fishing licence (scallop) in a scallop bag.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(2)  Immediately after a scallop bag is filled with scallops, the person must fasten the open end of the bag securely at 3 places equally spaced along the end so that a scallop cannot be removed without breaking the fastenings.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(3)  The middle fastening is to be a scallop tag and the other fastenings are to be made by a clip or by sewing.

(4)  A person must fasten any scallop bag that contains any scallops, whether the bag is full or not, before the scallop bag is landed.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(5)  A person must not tamper or interfere with a scallop bag or tag until immediately before the scallops are to be removed for processing.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

121.   Scallop tags

(1)  The Secretary is to ensure that a scallop tag –

(a) is issued by the Department; and

(b) is stamped with the letters "TAS" and an identification number.

(2)  A scallop tag is not transferable.

(3)  A person must not fasten a scallop tag to more than one scallop bag.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(4)  A person must not fasten a scallop tag to a bag of scallops taken with the use of a fishing vessel other than the vessel in relation to which the tag is issued.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(5)  A person must not use a scallop tag on a fishing vessel other than the fishing vessel in relation to which the tag was issued.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(6)  A person must not use a scallop tag more than once.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

122.   Use of tags during certain periods

[Rule 122 Subrule (1) amended by S.R. 1997, No. 55, Applied:28 May 1997] [Rule 122 Substituted by S.R. 1998, No. 62, Applied:15 Jun 1998]

(1)  A person must not use a scallop tag during a period that does not correspond to the colour of the tag as specified by the Minister under subrule (1A) .

(1A)  The Minister, by public notice, may specify the colour of scallop tags to be used during any specified periods.

(2)  A person must forward any scallop tag that is not used in the period to which it relates to the Secretary within 1 month after the end of that period.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

123.   Landing of scallops

A person must land any scallop taken from State waters –

(a) [Rule 123 Amended by S.R. 1998, No. 62, Applied:15 Jun 1998] before the end of the period specified under rule 122 during which the scallop was taken; and

(b) on or after the time and date specified in a report made under rule 124 .

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

124.   Report of scallops taken

(1)  The holder of a fishing licence (scallop) must make a report to the reporting service at least 2 hours before landing any scallops.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(2)  A report is to contain the following information:

(a) the name and distinguishing mark of the fishing vessel used in taking the scallop;

(b) the number of tagged scallop bags on the fishing vessel;

(c) the name of the port or location where the scallops are to be landed;

(d) the estimated time and date of arrival at the port or location;

(e) the estimated time and date of landing at the port or location.

(3)  On receipt of a report from the holder of a fishing licence (scallop) under subrule (1) , the reporting service is to issue to the holder a receipt number.

(4)  The holder of a fishing licence (scallop) is to record the receipt number issued under subrule (3) .

125.   Use of certain vessels

A person must not take a scallop using a vessel that –

(a) has been used to take scallops from outside State waters since last leaving port; or

(b) is carrying any scallop bags marked with a scallop tag issued by AFMA.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

126.   Processor to remove and keep tags

(1)  The holder of a fish processing licence must –

(a) remove the scallop tag from a scallop bag at the time of processing; and

(b) remove the tag so that it can not be re-used.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(2)  A fish merchant who has purchased a bag of scallops that has been closed and tagged as specified in rule 120 must –

(a) keep the tag in good condition for a period of 2 years commencing on the day on which the holder took possession of the bag; and

(b) produce the scallop tag for examination when required to do so by a fisheries officer.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

127.   Closed and open season for scallops

The Minister, by public notice, may determine –

(a) the dates of the closed season for all or part of the scallop fishery; and

(b) the dates of the open season for all or part of the scallop fishery.

128.   Scallops taken from Bass Strait

(1)  A Bass Strait scallop fisher must not have possession of a scallop in State waters which has been taken from Bass Strait under an appropriate Commonwealth authority unless it is in a bag that –

(a) is closed in accordance with the conditions of that authority; and

(b) has a tag on it which has been attached in accordance with those conditions.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(2)  A Bass Strait scallop fisher must not land a scallop that has been taken from Bass Strait on a day which is not within the period for which the tag attached to the bag containing the scallop was issued.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(3)  A person must not purchase an unshucked scallop which has been taken from Bass Strait under an appropriate Commonwealth authority unless it is in a bag that is closed and tagged as specified in subrule (1) .

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(4)  A person must not have possession of an unshucked scallop taken from Bass Strait under an appropriate Commonwealth authority unless the person possesses the tag attached to the bag which contained that scallop.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(5)  A person who has possession of an unshucked scallop taken from Bass Strait under an appropriate Commonwealth authority must produce the tag attached to the bag containing the scallop for examination when required to do so by a fisheries officer.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(6)  A Bass Strait scallop fisher, in State waters, must not have possession of –

(a) more than the numbers of tagged scallop bags for which the fisher is authorised under an appropriate Commonwealth authority; or

(b) a scallop that was not taken under that authority.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

129.   Scallop fishing prohibited areas

The holder of a fishing licence (scallop) must not take a scallop or use a scallop dredge during the open season in the following State waters:

(a) the waters of the east coast of Tasmania which lie generally to the west of imaginary straight lines extending from –

(i) Cape Degerando to Cape Sonnerat; and

(ii) Cape Sonnerat to Mistaken Cape;

(b) the waters of Mercury Passage and Great Oyster Bay which lie generally to the north of an imaginary straight line extending from Cape Peron to Cape Bernier;

(c) shark nursery waters.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

130.   Use of scallop dredges

(1)  A person must not use a scallop dredge in State waters unless the person is the holder of –

(a) a fishing licence (scallop); or

(b) a fishing licence (recreational scallop dredge).

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(2)  The holder of a fishing licence (scallop) must not use a scallop dredge in State waters unless –

(a) the width of the scallop dredge is less than 4.2 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 at least 70 millimetres; and

(iii) the teeth project no more than 50 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:  Fine not exceeding the applicable Grade 3 penalty.

(3)  A person specified in subrule (1)  –

(a) must not cause or permit that vessel to enter State waters specified in rule 131 unless the scallop dredge is securely fastened on board the fishing vessel; and

(b) must ensure that the scallop dredge remains securely fastened on board the fishing vessel at all times while the fishing vessel is in those waters.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(4)  The holder of a fishing licence (scallop) must not cause or permit more than 2 scallop dredges to be carried on, or used from, a fishing vessel.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(5)  The holder of a fishing licence (recreational scallop dredge), in State waters –

(a) must use only one scallop dredge; and

(b) must not use a scallop dredge the width of which exceeds 1.3 metres; and

(c) must not use a scallop dredge that has a tooth bar or a pressure plate.

Penalty:  Fine not exceeding the applicable Grade 2 penalty

131.   Scallop dredge in certain areas

(1)  A person must not use or place a dredge of any kind in the waters of the D'Entrecasteaux Channel.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(2)  A person must not use or place a dredge of any kind in the waters of Georges Bay west from the longitude of the training wall at the entrance to that bay.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

132.   Possession of scallop dredge

(1)  A person must not have possession of a scallop dredge in State waters unless the person is –

(a) the holder of a fishing licence (scallop) or a fishing licence (recreational scallop dredge); or

(b) a Bass Strait scallop fisher.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(2)  A Bass Strait scallop fisher, during a closed season for the scallop fishery, must not have possession of a scallop dredge in State waters unless that dredge is securely fastened on board a fishing vessel.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(3)  A Bass Strait scallop fisher who is not the holder of a fishing licence (scallop) or a fishing licence (recreational scallop dredge) during an open season for the scallop fishery must not have possession of a scallop dredge in State waters unless that dredge is securely fastened on board a fishing vessel.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

133.   Divers taking scallops

(1)  The holder of a fishing licence (scallop) may permit up to 3 holders of fishing licences (commercial dive) to dive or swim from, the fishing vessel specified in the fishing licence (scallop) to take scallops.

(2)  A person must not permit more than 3 holders of fishing licences (commercial dive) to take at any time scallops from, or in connection with, a fishing vessel.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

134.   Removing scallops from shells

A person, in State waters, must not –

(a) remove any scallop from its enclosing shell; or

(b) have possession of any scallop or portion of a scallop that is –

(i) removed from its enclosing shell; or

(ii) not attached or fastened to a scallop shell.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

134A.   Fitting vessel monitoring system

[Rule 134A Inserted by S.R. 1998, No. 62, Applied:15 Jun 1998]

(1)  The Secretary, by notice in writing served on the holder of a fishing licence (scallop), may direct the holder to fit a vessel monitoring system onto a specified fishing vessel.

(2)  The holder of a fishing licence (scallop) must comply with the direction.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(3)  The holder of a fishing licence (scallop) must ensure that a vessel monitoring system fitted on a specified fishing vessel –

(a) is of a type approved by the Secretary; and

(b) is operating at all times, unless the Secretary approves any other arrangement.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

134B.   Test message

[Rule 134B Inserted by S.R. 1998, No. 62, Applied:15 Jun 1998] The Secretary is to arrange for a test message to be sent each day at a specified time to a specified fishing vessel fitted with a vessel monitoring system.

134C.   Cessation of operation of vessel monitoring system

[Rule 134C Inserted by S.R. 1998, No. 62, Applied:15 Jun 1998]

(1)  After fitting a vessel monitoring system, the holder of a fishing licence (scallop) must provide the Secretary with the name and address of a person the Secretary is to contact if the Secretary considers that the system has ceased to operate.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(2)  If the Secretary considers that a vessel monitoring system has ceased to operate, the Secretary is to notify the person named under subrule (1) that the vessel monitoring system is not operating.

(3)  A person contacted by the Secretary under subrule (2) must immediately advise the holder of the fishing licence (scallop) that the vessel monitoring system is not operating.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(4)  The holder of a fishing licence (scallop) when notified that the vessel monitoring system is not operating must –

(a) immediately make a monitoring report to the reporting service; and

(b) make a monitoring report every 6 hours until the vessel monitoring system is operational or until the port of landing is reached.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

Division 2 - Scallop spat collection fishery

135.   Taking and possession of scallop spat

[Rule 135 Substituted by S.R. 1998, No. 62, Applied:15 Jun 1998]

(1)  Subject to subrule (2) , a person must not set scallop spat collectors in State waters or take or have possession of scallop spat unless –

(a) the scallop spat is taken for the purposes of scallop farming; and

(b) that person is the holder of a fishing licence (scallop spat collection); and

(c) that person has the written approval of the Secretary to set scallop spat collectors in a specified area of State waters for that purpose.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(2)  A person may set scallop spat collectors in State waters if –

(a) the scallop spat collectors are set within the area of a marine farm lease; and

(b) the marine farming licence relating to that area authorises the farming of scallops.

136.   Authority of fishing licence (scallop spat collection)

A fishing licence (scallop spat collection) only authorises the holder to set scallop spat collectors in State waters and to take or possess scallop spat.

137.   Selling and buying scallop spat

(1)  A person must not sell or give scallop spat to a person who is not the holder of a marine farming licence in respect of scallop farming.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(2)  [Rule 137 Subrule (2) amended by S.R. 1998, No. 62, Applied:15 Jun 1998] A person must not buy, take or receive scallop spat from a person who is not –

(a) the holder of a marine farming licence in respect of scallop farming; or

(b) the holder of a fishing licence (scallop spat collection).

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

Division 2A - Mussel spat collection fishery

137A.   Taking and possessing mussel spat

[Rule 137A of Part 11 Inserted by S.R. 1998, No. 62, Applied:15 Jun 1998]

(1)  A person must not set mussel spat collectors in State waters or take or have possession of mussel spat unless –

(a) the mussel spat is taken for the purposes of mussel farming; and

(b) that person is the holder of a fishing licence (mussel spat collection); and

(c) that person has the written approval of the Secretary to set mussel spat collectors in a specified area of State waters for that purpose.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(2)  Subrule (1) does not apply if –

(a) the mussel spat collectors are set within the area of a marine farm lease; and

(b) the marine farming licence relating to that area authorises the farming of mussels.

137B.   Authority of fishing licence (mussel spat collection)

[Rule 137B of Part 11 Inserted by S.R. 1998, No. 62, Applied:15 Jun 1998] A fishing licence (mussel spat collection) only authorises the holder to –

(a) set mussel spat collectors in State waters; and

(b) take and have possession of mussel spat.

137C.   Selling and buying mussel spat

[Rule 137C of Part 11 Inserted by S.R. 1998, No. 62, Applied:15 Jun 1998]

(1)  A person must not sell or give mussel spat to a person who is not the holder of a marine farming licence in respect of mussel farming.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(2)  A person must not buy, take or receive mussel spat from a person who is not –

(a) the holder of a marine farming licence in respect of mussel farming; or

(b) the holder of a fishing licence (mussel spat collection).

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

Division 3 - General

138.   Taking and possessing octopus

A person must not take or have possession of more than 5 octopuses in the following areas on any one day unless that person is the holder of a fishing licence (personal):

(a) the waters of Eaglehawk Bay that are to the east of the line of longitude through Manson Point; and

(b) all land within 200 metres of high water mark of the waters of Eaglehawk Bay.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

139.   Possession of shellfish for commercial purposes

(1)  [Rule 139 Subrule (1) amended by S.R. 1998, No. 62, Applied:15 Jun 1998] A person must not have possession of the following species of shellfish for commercial purposes unless otherwise authorised or the shellfish are taken in accordance with a marine farming licence:

(a) the species Crassostrea gigas (commonly known as Tasmanian pacific oyster);

(b) the species Ostrea angasi (commonly known as Native oyster);

(c) the species Mytilus edulis planulatus (commonly known as Tasmanian blue mussel);

(d) a species of clam or cockle.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(2)  [Rule 139 Subrule (2) amended by S.R. 1998, No. 62, Applied:15 Jun 1998] A person must not take from the wild for commercial purposes any species of shellfish referred to in subrule (1) otherwise authorised.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

PART 12 - Trawl fishery

140.   Use and possession of trawl nets

(1)  A person must not have possession of a trawl net on a fishing vessel in State waters unless the person –

(a) is the holder of a trawl fishing licence authorising the person to do so on that fishing vessel; or

(b) has an appropriate Commonwealth authority.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(2)  A person must not use a trawl net from a fishing vessel in State waters unless the person –

(a) is the holder of a trawl fishing licence authorising the person to do so from that fishing vessel; and

(b) uses the trawl net in accordance with that licence.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

141.   Authority of licences

(1)  A fishing licence (general trawl) only authorises the holder to use one and possess one or more, trawl nets on the fishing vessel specified in the licence.

(2)  A fishing licence (limited trawl) only authorises the holder to use one and possess one or more, trawl nets on the fishing vessel specified in the licence.

142.   Restriction on fishing licence (general trawl)

The holder of a fishing licence (general trawl) must not –

(a) tow a trawl net that is towed by, or connected to, another vessel; or

(b) if the trawl net has a whiting codend attached, use that the trawl net in State waters other than in waters –

(i) generally to the east of the line of longitude extending through Woolnorth Point to the line of longitude extending through Waterhouse Point; or

(ii) generally to the north of an imaginary straight line extending from Yellow Bluff on North Bruny Island to Outer North Head on the Tasman Peninsula; or

(c) use a trawl net in the following State waters:

(i) within one nautical mile of any part of the coast of Tasmania, except Isle des Phoques (also known as White Rock);

(ii) in Andersons Bay and generally to the south of an imaginary straight line drawn from the northeast tip of East Double Sandy Point to the tower on Hardwicks Hill near Croppies Point;

(iii) in Frederick Henry Bay and Norfolk Bay and generally to the north and east of imaginary straight lines extending from Cape Deslacs to the southern end of Sloping Island and from the southern end of Sloping Island to Black Jack Point;

(iv) in Great Oyster Bay and Mercury Passage and generally to the west and north of imaginary straight lines extending from Cape Degerando to Cape Baudin, from Cape Faure to Isle des Phoques, from Isle des Phoques to Cape Boullanger and from Cape Bernier to Cape Peron;

(v) in the River Derwent upstream of an imaginary straight line extending from the Pigeon Holes at the northern end of Half Moon Bay to Flowerpot Point at the southern end of Blackmans Bay;

(vi) in the D'Entrecasteaux Channel.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

143.   Restrictions on fishing licence (limited trawl)

The holder of a fishing licence (limited trawl) must not –

(a) use a trawl net that is towed by, or connected to, another vessel;

(b) use a trawl net in State waters other than waters bounded to the north by a imaginary straight line extending from Tasman Head on South Bruny Island to Cape Raoul on the Tasman Peninsula to the west by the line of longitude 147º 17.7 East and to the east by the line of longitude 148º 00.00 East excluding State waters which are within one nautical mile of any part of the coast of Tasmania.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

144.   Licences cease to have effect

(1)  If a fishing vessel specified in a fishing licence (limited trawl) ceases to be registered in the Register of the South East Fishery Quota Entitlement, the licence ceases to have effect from the day on which the registration ceases.

(2)  If the Minister is satisfied that in the special circumstances of a particular case it is appropriate to do so, the Minister may direct that subrule (1) does not apply in relation to a specified fishing licence (limited trawl).

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

Notified in the Gazette on 30 May 1996

These rules are administered in the Department of Primary Industry and Fisheries.