Fisheries (Scallop) Rules 2000

Fisheries (Scallop) Rules 2000

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

D. E. LLEWELLYN

Minister for Primary Industries, Water and Environment

PART 1 - Preliminary

1.   Short title

These rules may be cited as the Fisheries (Scallop) Rules 2000 .

2.   Commencement

These rules take effect on 21 June 2000.

3.   Interpretation

(1)  In these rules –

Act means the Living Marine Resources Management Act 1995 ;

Bass Strait Central Zone Scallop Fishery means the fishery in Commonwealth waters managed by the Australian Fisheries Management Authority as defined under the Offshore Constitutional Settlement;

Bass Strait scallop entitlement means a Commonwealth authority to take scallops from Commonwealth waters;

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

catch quota balance means the portion of the weight of scallops allowed under rule 8(2) that remains uncaught;

closed area (class 1) means a part of the scallop fishery designated as such under rule 12(b)(i) ;

closed area (class 2) means a part of the scallop fishery designated as such under rule 12(b)(ii) ;

closed season means a season or period during which the scallop fishery is closed for fishing;

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

deactivate means to vary a licence with a condition that prohibits the use of the licence;

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

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

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

fishing period one means a fishing period one as determined under rule 11 ;

fishing period 2 means a fishing period 2 as determined under rule 11 ;

fishing period 3 means a fishing period 3 as determined under rule 11 ;

fishing trip means a trip undertaken for fishing commencing from the departure from a port and ending on the return to port;

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

Grade 1 penalty means the penalty specified in regulation 5 of the Penalty Regulations;

Grade 2 penalty means the penalty specified in regulation 6 of the Penalty Regulations;

Grade 3 penalty means the penalty specified in regulation 7 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;

immediate proximity means within 100 metres from a place where scallops are unloaded;

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

movement report means a report referred to in rule 28(1)(a) ;

open season means a season or period during which the scallop fishery is open for fishing;

Penalty Regulations means the Fisheries (Penalty) Regulations 1996 ;

port of landing means a port specified in Schedule 1 ;

pre-fishing report means a report referred to in rule 26(1) ;

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

recreational scallop licence means a licence referred to in rule 7(b) ;

reporting service means the service approved by the Secretary under rule 25 ;

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 catch record means a record relating to scallop catch that is part of records required to be kept under the Act;

scallop dredge means any apparatus capable of being towed along the seabed by a vessel that is designed for the use of, or is capable of being used for or in connection with the, taking of scallops, other than any cable, chain or other attachment to the vessel;

scallop quota docket means a docket relating to the unloading of scallops that is part of the records required to be kept under the Act;

scallop processor return means a return relating to processed scallop that is part of the records required to be kept under the Act;

scallop sales receipt means a receipt relating to the sale of scallop that is part of the records required to be kept under the Act;

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

sell includes to dispose of for commercial purposes;

shark nursery waters means the following:

(a) Blackman Bay as defined in the Fisheries (Scalefish) Rules 1998 ;

(b) D'Entrecasteaux Channel;

(c) East Coast waters as defined in the Fisheries (Scalefish) Rules 1998 ;

(d) Frederick Henry Bay and Norfolk Bay as defined in the Fisheries (Scalefish) Rules 1998

(e) Georges Bay;

(f) Great Oyster Bay;

(g) Mercury Passage;

(h) Pitt Water as defined in the Fisheries (Scalefish) Rules 1998 ;

(i) Port Sorell as defined in the Fisheries (Scalefish) Rules 1998 ;

(j) River Derwent as defined in the Fisheries (Scalefish) Rules 1998 ;

(k) River Tamar as defined in the Fisheries (Scalefish) Rules 1998 ;

undersize scallop means the following:

(a) queen scallop (Equichlamys bifrons) that is less than 100 millimetres in its widest diameter;

(b) commercial scallop (Pecten fumatus) that is less than 80 millimetres in its widest diameter;

(c) doughboy scallop (Mimachlamys asperrimus) that is less than 80 millimetres in its widest diameter;

unloading means taking, causing or permitting to be taken, fish from a fishing vessel;

unloading report means a report referred to in rule 27(1) ;

vessel monitoring system means a navigational measuring system that –

(a) determines the location and activities of a vessel; and

(b) is capable of transmitting data in relation to that location and those activities via a satellite communication system;

whole scallop means a scallop that has not been removed from its shell;

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

(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 the fishery for scallop in State waters.

5.   Duration of rules

These rules continue in force for a period of 5 years.

6.   Consultation arrangements

The Minister must consult with the advisory committees established in relation to the scallop fishery 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 fishery; and

(d) any apparatus; 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 scallop, fishing licence (scallop);

(b) class recreational scallop –

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

(ii) fishing licence (recreational scallop dredge);

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

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

(e) class commercial dive fishing licence (commercial dive).

PART 2 - General Matters

8.   Taking and possessing scallop

(1)  A person, in State waters, must not take or have possession of any scallop during an open season 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 more than 500 kg of whole scallops for each scallop unit specified on the licence during periods 2 and 3.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(3)  The holder of a fishing licence (scallop) must not take more than 6 000 kg of whole scallops during period one.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(4)  The holder of a fishing licence (scallop) must not, during period 2 –

(a) take more than 250 kg of whole scallops for each scallop unit specified on the licence; or

(b) take or have possession of on a fishing vessel more than the weight of whole scallops specified in Schedule 2 during a fishing trip.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(5)  The Minister, by order, may increase the kilogram weight of whole scallops that may be taken under subrule (2) if the Minister is satisfied that –

(a) there is evidence that scallops will die before they have another spawning; and

(b) there is no increased compliance risk of illegal fishing.

(6)  The holder of a recreational scallop licence must not take or have possession of more than 100 scallops in State waters in any one day.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(7)  The holder of a recreational scallop licence must not have possession of more than 200 scallops without a scallop sales receipt for those excess scallops.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

9.   Taking and possessing scallop in closed season

(1)  A person must not take scallops from State waters during a closed season.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(2)  A person must not have possession of scallops during a closed season.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(3)  It is a defence in any proceedings for an offence under subrule (2) for a person to prove that –

(a) the scallops were taken, bought, sold, in possession of that person or imported into the State during an open season; or

(b) the scallops were taken, bought, sold or in possession of that person acting under the authority of a Bass Strait scallop entitlement.

10.   Minimum size of scallop

A person must not –

(a) take, or have possession of, undersize scallop cultivated elsewhere than in the wild unless the person –

(i) is the holder of a marine farming licence authorising scallop farming; or

(ii) is acting with the authority of the holder of such a licence; or

(iii) has bought or received the undersize scallop from a fish merchant; or

(b) take undersize scallop from the wild or have possession of undersize scallop taken from the wild unless the person –

(i) is the holder of a fishing licence (scallop spat collection); and

(ii) takes and has possession of only scallop spat.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

11.   Closed and open season for scallop

(1)  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; and

(c) the dates of each fishing period of the open season.

(2)  The open season consists of fishing periods one, 2 and 3 as determined under subrule (1)(c) .

12.   Open and closed parts of fishery

The Minister, by public notice, may –

(a) open or close any specified part of the scallop fishery; and

(b) designate any closed part as –

(i) a closed area (class 1); or

(ii) a closed area (class 2).

13.   Scallop fishing prohibited areas

(1)  The holder of a fishing licence (scallop), fishing licence (recreational scallop dive) or fishing licence (recreational scallop dredge) must not take scallop or use a scallop dredge during the open season in the following State waters unless the waters are open under rule 12 :

(a) the waters of the east coast of Tasmania that 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 that lie generally to the north of an imaginary straight line extending from Cape Peron to Cape Bernier;

(c) shark nursery waters;

(d) any part of the fishery designated as a closed area under rule 12(b) .

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(2)  The holder of a fishing licence (scallop) –

(a) must not cause or permit the fishing vessel specified in the fishing certificate to enter the State waters specified in subrule (1) unless the scallop dredge is on board the fishing vessel; and

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

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(3)  The holder of a fishing licence (recreational scallop dredge) –

(a) must not cause or permit the vessel specified in the fishing certificate to enter the State waters specified in subrule (1) unless the scallop dredge is on board the vessel; and

(b) must ensure that the scallop dredge remains on board the vessel while the vessel is in those waters.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

14.   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 3 penalty.

(2)  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 must not have possession of a scallop dredge in State waters unless that scallop dredge is on board and remains on board a fishing vessel.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

15.   Possession of scallop dredge in closed season

(1)  A person must not have possession of a scallop dredge in State waters during a closed season.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(2)  Subrule (1) does not apply to a person who has possession of a scallop dredge on a fishing vessel if the vessel –

(a) was returning to a port of landing within 48 hours after the start of the closed season; or

(b) was departing from a port within 48 hours of the start of the open season; or

(c) was in port or on a mooring and not undertaking a fishing trip.

(3)  Subrule (1) does not apply to a person who is a Bass Strait scallop fisher during any fishing trip that the Bass Strait Central Zone Scallop Fishery is open.

(4)  A Bass Strait scallop fisher referred to in subrule (3) must not have possession of a scallop dredge in State waters unless the scallop dredge is on board and remains on board a fishing vessel.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

16.   Scallop dredges in closed areas

(1)  A person must not be in possession of a scallop dredge in a closed area (class 1).

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(2)  A person must ensure that the scallop dredge is on board a fishing vessel or vessel in a closed area (class 2).

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

17.   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 50 millimetres; and

(iii) the teeth project no more than 100 millimetres below the sledge runners of the dredge; and

(c) if a lip is used with the dredge, the lip projects no more than 50 millimetres below the sledge runners of the dredge.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

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

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(4)  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.

PART 3 - Licences and Scallop Units

Division 1 - Licences

18.   Authority of licence

A fishing licence (scallop) only authorises the holder to –

(a) take up to 6000 kg of whole scallops during period one; and

(b) take up to 500 kg of whole scallops for each scallop unit specified on the licence during periods 2 and 3, unless an order is made under rule 8(5) increasing that amount; and

(c) use the fishing vessel specified in the fishing certificate to take those scallops.

19.   Carrying copy of licence

The holder of a fishing licence (scallop) must carry a copy of the licence on the fishing vessel during a fishing trip.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

20.   Use of fishing vessel

The holder of a fishing licence (scallop) must not use a fishing vessel to take scallops during a specified fishing period if that fishing vessel has already been used to take scallops under another fishing licence (scallop) during an open season, unless authorised by the Secretary.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

21.   Transfer of licence

(1)  The Minister may refuse to transfer a fishing licence (scallop) from one person to another unless the licence is transferred –

(a) with the associated fishing licence (vessel) and any other fishing licences specified on the fishing certificate; or

(b) to another person who holds a fishing licence (vessel) and any other similar fishing licences as determined by the Secretary.

(2)  The Minister is not to transfer a fishing licence (scallop) so that –

(a) 2 or more fishing licences (scallop) are attached to one fishing certificate; or

(b) a person may use a fishing vessel to take scallops that is greater in length than the maximum vessel length endorsed on the relevant fishing licence (vessel).

22.   Restrictions on leasing licence

(1)  The Minister is not to give approval under section 87 of the Act for the holder of a fishing licence (scallop) to allow another person to use the licence by means of leasing, subleasing or lending agreement unless at least 50 scallop units are held on that fishing licence (scallop).

(2)  Subrule (1) does not apply if the fishing licence (scallop) is endorsed with a condition that deactivates the licence for the duration of the lease, sublease or loan.

Division 2 - Scallop units

23.   Transfer of units

(1)  The Minister may transfer a scallop unit on a permanent basis or on a temporary basis.

(2)  The Minister is not to transfer a scallop unit from one person to another person who is not the holder of a fishing licence (scallop).

(3)  If only 10 scallop units are held on a fishing licence (scallop), the Minister is not to transfer them unless –

(a) they are transferred with the fishing licence (scallop) under rule 21 ; or

(b) the licence is surrendered to the Minister and the scallop units are transferred to the holder of another fishing licence (scallop).

(4)  Subrule (3) does not apply to the transfer of scallop units on a temporary basis.

(5)  The Minister is not to transfer a scallop unit on a temporary basis –

(a) unless the transferor's fishing licence (scallop) is endorsed with a condition that deactivates the licence for the period of the transfer; or

(b) that has been wholly or partially caught.

24.   Minimum and maximum holdings

(1)  The holder of a fishing licence (scallop) must not hold more than a total of 600 scallop units and more than 6 separate fishing licences (scallop).

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(2)  The number of scallop units specified on a fishing licence (scallop) is to be at least 10 and not more than 600.

(3)  The holder of a fishing licence (scallop) must not receive any payment or benefit from more than 600 scallop units.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(4)  The Minister is to ensure that a fishing licence (scallop) with less than 50 scallop units held on it is endorsed with a condition deactivating the licence.

(5)  Subrule (4) does not apply to a fishing licence (scallop) if the holder of the licence held less than 50 scallop units at the commencement of these rules.

PART 4 - Reporting

Division 1 - Reports

25.   Reporting service

The Secretary may approve a service as the service that may require reports under this Part.

26.   Pre-fishing report

(1)  The holder of a fishing licence (scallop) must make a report to the reporting service at least 30 minutes before leaving a port to start a fishing trip to take scallops unless otherwise authorised by the Secretary.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(2)  The holder of a fishing licence (scallop) must not start a fishing trip for scallops unless a pre-fishing report has been made under this rule.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

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

27.   Unloading report

(1)  The holder of a fishing licence (scallop) in possession of scallops on a fishing vessel must make a report to the reporting service at least 2 hours before entering a port.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(2)  The holder of a fishing licence (scallop) must not unload any scallop unless an unloading report has been made at least 2 hours before unloading starts.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(3)  The holder of the fishing licence (scallop) must make an additional unloading report for any partial unloading that occurs 5 or more hours after the initial unloading commences.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(4)  On receipt of the unloading report from the holder of a fishing licence (scallop), the reporting service is to issue to the holder a report receipt number.

28.   Movement report

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

(a) make a report to the reporting service in respect of the movement or transport of any scallop before it leaves the immediate proximity of the fishing vessel from which the scallop were unloaded; and

(b) ensure that any scallop is moved into premises; and

(c) make such a report for each load of scallop transported from the site of unloading.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(2)  The holder of a fish processing licence required to make a report under subrule (1) must not move or transport any scallop from the immediate proximity of the fishing vessel from which the scallop were unloaded or move any scallop into premises unless a movement report has been made.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(3)  On receipt of the movement report from the holder of a fish processing licence, the reporting service is to issue to the holder a report receipt number.

(4)  The Secretary, by public notice, may specify a distance greater than 100 metres as being the immediate proximity for the purpose of this rule.

29.   Making reports

A person must not make a report to the reporting service more than 24 hours before the activity to which the report relates is to take place except with the written approval of the Secretary.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

30.   Cancellation report

A person who makes a report to the reporting service and does not undertake the activity to which the report relates must make a report to the reporting service within 2 hours after the activity should have occurred.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

31.   Alternative arrangements for reporting

Rules 27 and 28 do not apply if –

(a) the relevant licence is endorsed for alternative arrangements relating to reporting requirements; and

(b) the licence holder complies with the terms of the endorsement.

32.   Endorsement for alternative arrangements

The Secretary may endorse a licence for alternative arrangements relating to reporting requirements if satisfied that the holder of the licence is unable to comply with those requirements.

33.   False, misleading and incomplete information

A person must not –

(a) omit any relevant information from a report required under this Part; or

(b) give any false or misleading information in a report required under this Part.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

34.   Provision of receipt number

A person to whom a report receipt number is issued by the reporting service must provide that number to a fisheries officer when required to do so.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

Division 2 - Dockets and returns

35.   Scallop quota dockets

(1)  The holder of a fishing licence (scallop) must complete Part A of a scallop quota docket –

(a) before any scallop leaves the site of unloading; and

(b) for each vehicle transporting scallops from the site of unloading.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(2)  The holder of a fish processing licence must complete Part B of a scallop quota docket –

(a) before any scallop leaves the site of unloading and enters any processing premises; and

(b) for each vehicle transporting scallops from the site of unloading.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

36.   Completed scallop quota docket

(1)  The holder of a fishing licence (scallop) must –

(a) ensure that the pink sheet of the completed scallop quota docket is received by the Secretary within 48 hours after the scallop is unloaded; and

(b) keep the white sheet of the completed scallop quota docket in good condition for at least 5 years.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(2)  The driver of the vehicle transporting the scallops must ensure that the yellow sheet of the completed scallop quota docket is carried with the consignment of scallops.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(3)  The person receiving the scallops must keep the yellow sheet of the completed scallop quota docket in good condition at the processing premises for at least 5 years.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

37.   Conflict of interest

(1)  The holder of a fish processing licence who also holds a fishing licence (scallop) must not complete Part B of the scallop quota docket in respect of –

(a) any scallop landed by the person as the holder of the fishing licence (scallop); or

(b) any scallop landed by a person who is a director, shareholder, partner, employer or employee of the holder of the fishing licence (scallop).

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(2)  The holder of a fish processing licence must not complete Part B of the scallop quota docket in respect of any scallop processed, received or transported as an employee or contractor of the holder of the fishing licence (scallop) who landed the scallop.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(3)  A licence holder referred to in subrules (1) and (2) must ensure that –

(a) Part B of the scallop quota docket is completed by –

(i) a person not specified in subrules (1) and (2) ; or

(ii) an approved person; and

(b) the person who completes Part B writes his or her name and address on the docket.

38.   Scallop processor return

The holder of a fish processing licence must –

(a) complete a scallop processor return as determined by the Secretary; and

(b) forward it to the Secretary within 2 days of completion of processing those scallops.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

39.   Scallop catch logbook

The holder of a fishing licence (scallop) must –

(a) complete a scallop catch logbook on each day during which fishing occurs; and

(b) keep the scallop catch logbook on the fishing vessel during any fishing trip for scallop; and

(c) complete the catch record before entering port at the end of a fishing trip or leaving State waters with scallop on the fishing vessel; and

(d) forward the completed catch record from the scallop catch logbook to the Secretary within 14 days after the end of the month in which the fishing occurred.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

PART 5 - Miscellaneous

40.   Removing scallop 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.

41.   Transfer of scallop from one vessel to another vessel

The holder of a fishing licence (scallop) must not transfer or cause or permit to be transferred any scallop from one fishing vessel to another fishing vessel or other vessel.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

42.   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 taken under a Commonwealth authority.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

43.   Entering closed area

(1)  The supervisor of a fishing licence (scallop) must ensure that the vessel specified on the fishing certificate does not enter a closed area (class 1) during an open season.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(2)  It is a defence in any proceedings for an offence under subrule (1) for the supervisor of a fishing licence (scallop) to prove that –

(a) the vessel was participating in another fishery; or

(b) the safety of the vessel and crew was at risk.

44.   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 on the fishing certificate to take scallops.

(2)  A person must not permit more than 3 holders of fishing licences (commercial dive) to –

(a) take at any time scallops from, or in connection with, a fishing vessel; or

(b) to dive or swim from a fishing vessel.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

45.   Use of containers on vessels

(1)  The holder of a fishing licence (scallop) must not –

(a) place scallops into a container on a fishing vessel unless the container is of the type and size of container specified by an endorsement on the licence; or

(b) have more than 3 types of containers specified on the licence; or

(c) use more than 2 types of containers on any trip.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(2)  Subrule (1)(b) and (c) do not apply if –

(a) the relevant licence is endorsed for alternative arrangements; and

(b) the licence holder complies with the endorsement.

46.   Endorsement of alternative arrangements

The Secretary may endorse a licence for alternative arrangements relating to the use of containers on vessels.

47.   Identifying unloaded scallops

The holder of a fish processing licence must ensure that –

(a) any scallops transported from a fishing vessel to processing premises are identifiable as scallops unloaded from the vessel; and

(b) scallops from a fishing vessel are held on a vehicle in no more than 2 types of containers.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

48.   Unloading at port of landing

(1)  The holder of a fishing licence (scallop) must not unload scallop at any place other than a specified port of landing.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(2)  A person unloading scallops from a fishing vessel must weigh those scallops –

(a) within the immediate proximity of the site of unloading; and

(b) before the scallops are taken into processing premises.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(3)  The holder of a fishing licence (scallop) must not unload any scallop in Victoria unless the licence is endorsed accordingly.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

49.   Sale to unlicensed person

(1)  The holder of a fishing licence (scallop), unless otherwise authorised under the licence, must not sell or transport for sale to a person who is not the holder of a fish processing licence more than 100 kg of whole scallop in total for each fishing trip.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(2)  The holder of a fishing licence (scallop) who sells 100 kg (shell weight) or less of scallop to a person who is not the holder of a fish processing licence must –

(a) give a scallop sales receipt to the person to whom the scallops are sold before the scallops are removed from the immediate proximity of the fishing vessel; and

(b) record the number and accurate weight of scallop sold on the scallop quota docket.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(3)  The holder of a fishing licence (scallop) who unloads any scallop in Victoria must not sell those scallop to a person who is not the holder of a fish processing licence.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

50.   Overrun provisions

(1)  The Minister is to ensure that any quantity of scallop taken under a fishing licence (scallop) in excess of the quantity specified in rule 8(2) is deducted from the quantity specified in that rule for the next open season as follows:

(a) for a quantity of 1 000 kg or less, a deduction equivalent to the amount of the quantity taken;

(b) for a quantity greater than 1 000 kg and not more than 2 000 kg, a deduction equivalent to 2 times the quantity taken.

(2)  The Minister is to ensure that any quantity of scallop taken under a fishing licence (scallop) in excess of the quantity specified in rule 8(3) and rule 8(4)(a) is deducted from the quantity specified in that rule for the following fishing period or the next open season, whichever occurs first, as follows:

(a) for a quantity of 1 000 kg or less, a deduction equivalent to the amount of the quantity taken;

(b) for a quantity greater than 1 000 kg and not more than 2 000 kg, a deduction equivalent to 2 times the quantity taken.

(3)  The Minister is to ensure that any quantity of scallop taken under a fishing licence (scallop) in excess of the quantity specified in rule 8(4)(b) is deducted from the quantity determined under rule 8(4)(a) for that period or the next period, whichever occurs first, as follows:

(a) for a quantity equal to 10% or less of the quantity specified in Schedule 2 , a deduction equivalent to the amount of the quantity taken;

(b) for a quantity greater than 10% and not more than 15% of the quantity specified in Schedule 2 , a deduction equivalent to 2 times the quantity taken.

51.   Quota unit balance

(1)  The holder of a fishing licence (scallop) must not take scallops for commercial purposes if the catch quota balance in relation to that licence is zero kg or less for the open season.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(2)  The holder of a fishing licence (scallop) must keep records on the vessel showing the catch quota balance for that licence for the fishing period after each unloading and before the commencement of a fishing trip.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

52.   Vessel monitoring system

The provisions of Part 3 of the Fisheries Rules 1999 relating to a vessel monitoring system, other than rule 32 , apply to the holder of a fishing licence (scallop) as if –

(a) a reference to a supervisor of a fishing licence (vessel) were a reference to a supervisor of a fishing licence (scallop); and

(b) a reference to a holder of a fishing licence (vessel) were a reference to a holder of a fishing licence (scallop); and

(c) a reference to a notice in writing served were a reference to a notice in writing sent.

SCHEDULE 1 - Ports of Landing

Rule 3

1.   The following are ports of landing:

(a) Beauty Point;

(b) Bell Bay;

(c) Bicheno;

(d) Bridport;

(e) Currie;

(f) Devonport;

(g) Grassy;

(h) Hobart;

(i) Lady Barron;

(j) Lakes Entrance, Victoria;

(k) Port Welshpool, Victoria;

(l) St Helens;

(m) Stanley;

(n) Triabunna;

(o) Ulverstone.

SCHEDULE 2 - Weight of whole scallops

Rule 8(4)

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

Notified in the Gazette on 21 June 2000

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