Fisheries (Scalefish) Rules 2004

Fisheries (Scalefish) Rules 2004

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

18 October 2004

S. Kons

Minister for Primary Industries and Water

PART 1 - Preliminary

1.   Short title

These rules may be cited as the Fisheries (Scalefish) Rules 2004 .

2.   Commencement

These rules take effect on 1 November 2004.

3.   Interpretation

(1)  In these rules –

Act means the Living Marine Resources Management Act 1995 ;

appropriate authority means a Commonwealth authority to take school shark and gummy shark in State waters;

bait net means an encircling net that is not more than 6 metres in length and 2 metres in depth with a mesh size of not more than 20 millimetres;

bait trap means a trap that –

(a) is not more than 500 millimetres long, 350 millimetres wide and 250 millimetres high; and

(b) has an entrance that is not more than 65 millimetres at its widest; and

(c) has a mesh size not less than 10 millimetres and not more than 40 millimetres;

[Rule 3 Subrule (1) amended by S.R. 2008, No. 83, Applied:01 Aug 2008] banded morwong quota unit balance means the quantity of banded morwong allocated to a licence for a quota period, less the quantity of banded morwong taken from the TAC area and landed under the authority of that licence in that quota period;

beach seine net means an encircling net that –

(a) has a bag or bunt; and

(b) has a mesh size of not less than 30 millimetres; and

(c) is not pursed or drawn through rings into the shape of a bag;

board trawl net means a netting bag or bag-like net that –

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

(b) is drawn along by a fishing vessel; and

(c) has a mesh size of not less than 90 millimetres;

[Rule 3 Subrule (1) amended by S.R. 2009, No. 121, Applied:01 Nov 2009] buoy means a buoy that complies with rule 84 ;

cast net means a circular or elliptical net with a diameter of no more than 6 metres that has a loaded bottomline around the circumference;

catch history means the history of the amount of scalefish –

(a) caught under the authority of a licence; and

(b) recorded in accordance with the reporting requirements of the licence;

catch year means a period starting on 1 June in one year and ending on 31 May in the following year;

commercial fishing licence means a fishing licence of a class specified in item 1, 2, 3, 4, 5, 7, 8 or 9 of the table contained in rule 10 ;

[Rule 3 Subrule (1) amended by S.R. 2008, No. 83, Applied:01 Aug 2008]

[Rule 3 Subrule (1) amended by S.R. 2008, No. 83, Applied:01 Aug 2008] commercial gillnet means a gillnet used for taking scalefish for commercial purposes;

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

[Rule 3 Subrule (1) amended by S.R. 2008, No. 83, Applied:01 Aug 2008] Danish seine licence means a fishing licence specified in item 8 of the table in rule 10 ;

Danish seine net means a netting bag or bag-like net that –

(a) has a mouth held open by warps but not trawl doors; and

(b) is drawn along by a fishing vessel; and

(c) has a mesh size of not less than 70 millimetres;

[Rule 3 Subrule (1) amended by S.R. 2008, No. 83, Applied:01 Aug 2008] day means the 24-hour period commencing at midnight on any calendar day;

demersal longline means a longline that is weighted to the seabed or riverbed;

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

dipnet means a hand-held net that –

(a) [Rule 3 Subrule (1) amended by S.R. 2008, No. 83, Applied:01 Aug 2008] is used to take scalefish; and

(b) is attached to a frame so that the length across the net is not more than one metre; and

(c) has a mesh size of more than 20 millimetres;

distinguishing mark has the same meaning as in the Fisheries Rules 1999 ;

[Rule 3 Subrule (1) amended by S.R. 2009, No. 121, Applied:01 Nov 2009]

[Rule 3 Subrule (1) amended by S.R. 2009, No. 121, Applied:01 Nov 2009] dropline means a line that –

(a) is set vertically; and

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

(c) once set, is not attached to a person or vessel;

encircling net means a net, also known as a surround net or seine net, that is –

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

(b) used for taking fish;

fillet, in respect of a fish, means a longitudinal section of flesh of the fish removed from a part of the fish other than its head;

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

[Rule 3 Subrule (1) amended by S.R. 2008, No. 83, Applied:01 Aug 2008]

[Rule 3 Subrule (1) amended by S.R. 2008, No. 83, Applied:01 Aug 2008] fish trap means a trap that –

(a) is not more than 2 metres in width by one metre in depth by 2 metres in length; and

(b) has a mesh size of more than 25 millimetres; and

(c) may have more than one chamber but only one with an entrance or entrances that allow fish into the trap and that entrance or each of those entrances measure no more than 250 millimetres across its longest dimension;

[Rule 3 Subrule (1) amended by S.R. 2009, No. 121, Applied:01 Nov 2009] [Rule 3 Subrule (1) amended by S.R. 2008, No. 83, Applied:01 Aug 2008]

[Rule 3 Subrule (1) amended by S.R. 2008, No. 83, Applied:01 Aug 2008] fishing licence (giant crab) has the same meaning as in the Fisheries (Giant Crab) Rules 2006 ;

[Rule 3 Subrule (1) amended by S.R. 2008, No. 83, Applied:01 Aug 2008] fishing trip means a trip undertaken for fishing, commencing on departure of the vessel from land, a pier, jetty or artificial extension of land and ending on the return of the vessel to land, a pier, jetty or artificial extension of land;

[Rule 3 Subrule (1) amended by S.R. 2008, No. 83, Applied:01 Aug 2008] gear licence means a fishing licence of a kind specified in item 3, 4, 7, 8 or 9 of the table in rule 10 or a fishing licence (Australian salmon);

[Rule 3 Subrule (1) amended by S.R. 2009, No. 121, Applied:01 Nov 2009] giant crab has the same meaning as in the Fisheries (Giant Crab) Rules 2006 ;

gillnet means a net, also known as a set net, that is –

(a) a graball net; or

(b) a mullet net; or

(c) a shark net; or

(d) [Rule 3 Subrule (1) amended by S.R. 2008, No. 83, Applied:01 Aug 2008] a small-mesh gillnet; or

(e) [Rule 3 Subrule (1) amended by S.R. 2008, No. 83, Applied:01 Aug 2008] a special small-mesh gillnet;

graball net means a single-mesh net that –

(a) has a loaded bottom line; and

(b) is intended to be set with its bottom line on the seabed or riverbed; and

(c) has a mesh size of not less than 105 millimetres and not more than 140 millimetres;

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

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

Grade 3 penalty means a penalty specified in regulation 7 of the Penalty Regulations;

headline length means the length of a net as determined in accordance with rule 11 ;

[Rule 3 Subrule (1) amended by S.R. 2009, No. 121, Applied:01 Nov 2009] holder of a licence includes, except in rule 18(3)(a) , a person who is approved to use the licence under section 89(2) of the Act;

[Rule 3 Subrule (1) amended by S.R. 2008, No. 83, Applied:01 Aug 2008] holding tank means fishing gear used to hold live fish on land or on a pier, jetty or other artificial extension of land;

hook includes –

(a) a lure; and

(b) a jig that is not a squid jig; and

(c) a set of ganged hooks;

lampara net means an encircling net that is –

(a) used from a fishing vessel; and

(b) not pursed or drawn through rings;

[Rule 3 Subrule (1) amended by S.R. 2007, No. 1, Applied:24 Jan 2007] land, in relation to a landing net, means to remove a fish from the water after it has been caught or captured by some other means;

[Rule 3 Subrule (1) amended by S.R. 2008, No. 83, Applied:01 Aug 2008] landing means –

(a) bringing scalefish ashore or in contact with a pier, jetty or other artificial extension of land; or

(b) bringing a vessel containing scalefish ashore or in contact with a pier, jetty or other artificial extension of land;

[Rule 3 Subrule (1) amended by S.R. 2008, No. 83, Applied:01 Aug 2008] landing area means the area on the landward side of the high-water mark within a 200-metre radius of the point of landing;

landing net means a hand-held net that –

(a) is used to take or land scalefish; and

(b) is attached to a frame so that the maximum length across the net is not more than 600 millimetres;

[Rule 3 Subrule (1) amended by S.R. 2008, No. 83, Applied:01 Aug 2008] licensing year means the period beginning on 1 March each year and ending at midnight on the last day of February the following year;

[Rule 3 Subrule (1) amended by S.R. 2009, No. 121, Applied:01 Nov 2009]

[Rule 3 Subrule (1) amended by S.R. 2009, No. 121, Applied:01 Nov 2009] longline means a line that –

(a) is set horizontally; and

(b) is weighted and buoyed at both ends; and

(c) once set is not attached to a person or a vessel;

[Rule 3 Subrule (1) amended by S.R. 2009, No. 121, Applied:01 Nov 2009] mackerel has the same meaning as in the Fisheries (Mackerel) Rules 2009 ;

[Rule 3 Subrule (1) amended by S.R. 2008, No. 83, Applied:01 Aug 2008] mackerel fishing licence has the same meaning as in the Fisheries (Mackerel) Rules 1999 ;

marker buoy means a buoy marked in accordance with these rules;

[Rule 3 Subrule (1) amended by S.R. 2008, No. 83, Applied:01 Aug 2008] market value means the market value of banded morwong determined by the Secretary in accordance with rule 58J ;

[Rule 3 Subrule (1) amended by S.R. 2009, No. 121, Applied:01 Nov 2009] mesh size, in relation to a net, means the average measurement of 10 adjoining meshes in the net, where the measurement of a mesh is the 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;

mullet net means a single-mesh net that –

(a) has a loaded bottom line; and

(b) is intended to be set with its bottom line on the seabed or riverbed; and

(c) has a mesh size of not less than 60 millimetres and not more than 70 millimetres;

[Rule 3 Subrule (1) amended by S.R. 2009, No. 121, Applied:01 Nov 2009] non-commercial gillnet means a gillnet used for non-commercial fishing;

[Rule 3 Subrule (1) amended by S.R. 2009, No. 121, Applied:01 Nov 2009] non-commercial fishing means the part of the scalefish fishery comprising the following activities:

(a) the taking or possessing of scalefish for recreational fishing;

(b) the taking or possessing of scalefish by an Aborigine engaged in an Aboriginal activity;

[Rule 3 Subrule (1) amended by S.R. 2009, No. 121, Applied:01 Nov 2009] octopus pot means a pot that –

(a) is used, or is capable of being used, for taking octopus; and

(b) is not more than 5 litres in volume;

offshore waters means State waters that are not –

(a) coastal waters; or

(b) within the limits of the State;

Penalty Regulations means the Fisheries Penalties Regulations 2001 ;

[Rule 3 Subrule (1) amended by S.R. 2008, No. 83, Applied:01 Aug 2008] pre-fishing report means a report made to the reporting service by approved means and containing approved information;

purse seine net means an encircling net that –

(a) is used from a fishing vessel; and

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

[Rule 3 Subrule (1) amended by S.R. 2009, No. 121, Applied:01 Nov 2009] recreational licence means a fishing licence specified in item 6 of the table in rule 10 ;

[Rule 3 Subrule (1) amended by S.R. 2008, No. 83, Applied:01 Aug 2008] reporting service means a service approved under rule 58F ;

[Rule 3 Subrule (1) amended by S.R. 2009, No. 121, Applied:01 Nov 2009] rock lobster pot has the same meaning as in the Fisheries (Rock Lobster) Rules 2006 ;

[Rule 3 Subrule (1) amended by S.R. 2009, No. 121, Applied:01 Nov 2009] rock lobster ring has the same meaning as in the Fisheries (Rock Lobster) Rules 2006 ;

scalefish licence means a fishing licence specified in item 4 of the table contained in rule 10 ;

[Rule 3 Subrule (1) amended by S.R. 2008, No. 83, Applied:01 Aug 2008] seine licence means a fishing licence specified in item 3 of the table in rule 10 ;

seine net includes –

(a) a beach seine net; and

(b) a lampara net; and

(c) a purse seine net;

set means to place, or attempt to place, in State waters;

[Rule 3 Subrule (1) amended by S.R. 2009, No. 121, Applied:01 Nov 2009] set line means a dropline or a longline;

shark fin means a fin from a shark;

[Rule 3 Subrule (1) amended by S.R. 2009, No. 121, Applied:01 Nov 2009] shark net means a single-mesh net of a type authorised by the Commonwealth that –

(a) has a loaded bottom line; and

(b) is intended to be set with its bottom line on the seabed or riverbed; and

(c) has a mesh size of not less than 150 millimetres and not more than 165 millimetres;

shark refuge area means –

(a) Blackman Bay; or

(b) D'Entrecasteaux Channel; or

(c) East Coast waters; or

(d) Frederick Henry Bay and Norfolk Bay; or

(e) Georges Bay; or

(f) Great Oyster Bay; or

(g) Mercury Passage; or

(h) Pitt Water; or

(i) Port Sorell; or

(j) River Derwent; or

(k) River Tamar;

small-mesh gillnet means a single-mesh net that –

(a) has a loaded bottom line; and

(b) is intended to be set with its bottom line on the seabed or riverbed; and

(c) has a mesh size of not less than 75 millimetres and not more than 100 millimetres;

[Rule 3 Subrule (1) amended by S.R. 2008, No. 83, Applied:01 Aug 2008]

spear includes –

(a) a spear gun; and

(b) any other apparatus with a pointed end;

[Rule 3 Subrule (1) amended by S.R. 2008, No. 83, Applied:01 Aug 2008] special small-mesh gillnet means a single-mesh net that –

(a) has a loaded bottom line; and

(b) is intended to be set with its bottom line on the seabed or riverbed; and

(c) has a mesh size of not less than 70 millimetres and not more than 100 millimetres;

squid jig means a baited lure, or artificial lure, that –

(a) has one or more sets of pointed hooks or spikes; and

(b) is used to take squid;

squid line means a line with squid jigs attached;

[Rule 3 Subrule (1) amended by S.R. 2008, No. 83, Applied:01 Aug 2008] TAC area means State waters (other than the Tamar River) off the north, east and south coasts of Tasmania within the area bounded –

(a) in the north by line of latitude 40^o 40' South; and

(b) in the west (for waters off the south coast) by an imaginary straight line starting at Whale Head and running due south; and

(c) in the west (for waters off the north coast) by an imaginary straight line starting at Low Head and running due north;

[Rule 3 Subrule (1) amended by S.R. 2008, No. 83, Applied:01 Aug 2008] transit report means a report made to the reporting service by approved means and containing approved information;

[Rule 3 Subrule (1) amended by S.R. 2009, No. 121, Applied:01 Nov 2009]

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

(a) a Danish seine net; or

(b) a board trawl net;

whiting codend means a codend that has a mesh size of not less than 42 millimetres calculated over a length of not more than 400 meshes.

(2)  In these rules, a reference to a species or type of fish is a reference to that species or type of fish as defined in Schedule 1 .

(3)  In these rules, a reference to a body of waters, or a region, by name is a reference to the body of waters or region so named as defined in Schedule 2 .

(4)  [Rule 3 Subrule (4) inserted by S.R. 2009, No. 121, Applied:01 Nov 2009] For the purposes of rules 73AA and 73 , a gillnet is set once the entire headline length of the gillnet is placed in the water.

4.   Application of rules

(1)  Except as provided in subrule (2) , these rules apply to the scalefish fishery.

(1A)  [Rule 4 Subrule (1A) inserted by S.R. 2009, No. 121, Applied:01 Nov 2009] A provision of these rules that relates to non-commercial fishing applies to all "waters relevant to the State", as defined in the Act.

(1B)  [Rule 4 Subrule (1B) inserted by S.R. 2009, No. 121, Applied:01 Nov 2009] A reference to "State waters" in any provision of these rules that relates to non-commercial fishing is to be read as a reference to "waters relevant to the State", as defined in the Act.

(2)  These rules, other than rule 7 , do not apply to the following activities:

(a) the taking of scalefish for commercial purposes by diving or swimming underwater;

(b) [Rule 4 Subrule (2) amended by S.R. 2008, No. 83, Applied:01 Aug 2008] fishing under the authority of a mackerel fishing licence;

(c) [Rule 4 Subrule (2) amended by S.R. 2009, No. 121, Applied:01 Nov 2009] fishing for commercial purposes in offshore waters unless fishing under the authority of a fishing licence (rock lobster) or a fishing licence (octopus).

5.   Duration of rules

[Rule 5 Amended by S.R. 2009, No. 121, Applied:01 Nov 2009] [Rule 5 Amended by No. 17 of 1996, Applied:01 Oct 2014] These rules continue in force until 1 November 2015.

6.   Consultation arrangements

The Minister must consult with the appropriate advisory committee established under section 27 of the Act in relation to a fishery referred to in these rules in respect of any changes relating to –

(a) an area where fishing may occur; and

(b) a matter relating to the characteristics of a fish; and

(c) the opening and closing of the fishery; and

(d) fishing gear; and

(e) limits on taking and possessing fish; and

(f) the authority to take scalefish using a fishing licence.

PART 2 - General

7.   Size limits of scalefish

[Rule 7 Amended by S.R. 2009, No. 121, Applied:01 Nov 2009] A person must not take, buy, sell or be in possession of any fish specified in Schedule 3 that is –

(a) less than the minimum size specified for that fish in that Schedule; or

(b) greater than the maximum size specified for that fish in that Schedule.

Penalty:  [Rule 7 Amended by S.R. 2008, No. 83, Applied:01 Aug 2008] Grade 2 penalty.

8.   Measurement of scalefish

The size of any species or type of scalefish is measured as follows:

(a) in the case of a garfish, from the upper jaw to the end of the tail;

(b) in the case of a banded morwong, from the most forward point of the fish to the caudal fork of the tail;

(c) in the case of a wrasse, from the tip of the snout of the fish to the tip of the tail of the fish;

(d) in the case of any other species or type of scalefish, from the tip of the snout of the fish to the end of the tail.

9.   Closed and open season for scalefish

(1)  In this rule –

closed season means the period determined under subrule (2) during which all or part of the scalefish fishery is closed;

open season means the period determined under subrule (2) during which all or part of the scalefish fishery is open.

(2)  [Rule 9 Subrule (2) amended by S.R. 2008, No. 83, Applied:01 Aug 2008] The Minister, by notice published in the Gazette, 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.

(3)  [Rule 9 Subrule (3) inserted by S.R. 2008, No. 83, Applied:01 Aug 2008] A person must not take scalefish from State waters that are closed to the scalefish fishery for that kind of scalefish.

Penalty:  Grade 3 penalty.

10.   Classes of fishing licences

For the purposes of these rules, a class of licence specified in the following table is made up of the fishing licences specified in respect of that class in that table.[Rule 10 Amended by S.R. 2008, No. 83, Applied:01 Aug 2008] [Rule 10 Amended by S.R. 2009, No. 121, Applied:01 Nov 2009]

	Class of licence	Fishing licence
1.	class personal	fishing licence (personal)
2.	class vessel	fishing licence (vessel)
3.	class seine	fishing licence (purse seine net)
		fishing licence (beach seine A)
		fishing licence (beach seine B)
4.	class scalefish	fishing licence (scalefish A)
		fishing licence (scalefish B)
		fishing licence (scalefish C)
		fishing licence (rock lobster)
5.	class species	fishing licence (banded morwong)
		fishing licence (wrasse)
		fishing licence (Australian salmon)
		fishing licence (southern calamari)
		fishing licence (octopus)
6.	class recreational	fishing licence (recreational beach seine net)
		fishing licence (recreational graball net)
		fishing licence (recreational mullet net)
		fishing licence (recreational rock lobster pot)
		fishing licence (recreational rock lobster ring)
		fishing licence (recreational set line)
7.	class small-mesh gillnet	fishing licence (small-mesh gillnet)
8.	class Danish seine	fishing licence (general trawl)
		fishing licence (limited trawl)
9.	class squid	fishing licence (automatic squid jig)

11.   Measurement of nets

The length of a net is measured from the first point of attachment of the head rope to the mesh to the last point of attachment of the head rope to the mesh, excluding any rope attached between the net and any buoy or similar marker at, or near, the surface of the water.

12.   Measurement of lines

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

13.   Calculation of weight

The weight of scalefish that has been gutted, filleted or headed and gutted before being weighed is calculated by multiplying the weight of the gutted, filleted or headed and gutted fish by the applicable conversion rate specified in Schedule 7 .

PART 3 - Commercial Licences

Division 1 - Licences

14.   Granting of certain licences

(1)  This rule applies to a licence of any of the following classes:

(a) class personal, if the licence is endorsed with any endorsement referred to in Division 2 of this Part;

(b) class seine;

(c) class scalefish, other than a fishing licence (rock lobster);

(d) [Rule 14 Subrule (1) amended by S.R. 2009, No. 121, Applied:01 Nov 2009] class species, except a fishing licence (octopus) granted to a person before 1 March 2010;

(e) class small-mesh gillnet;

(f) [Rule 14 Subrule (1) amended by S.R. 2008, No. 83, Applied:01 Aug 2008] class Danish seine;

(g) class squid.

(2)  A licence to which this rule applies may only be granted to a person if the person lodging the application for the licence –

(a) held –

(i) in the case of an application for a fishing licence (personal), a fishing licence (personal) on the preceding 31 August; or

(ii) in the case of an application for any other licence, a licence the same as that applied for on the preceding 28 February; and

(b) has not transferred the licence referred to in paragraph (a) ; and

(c) [Rule 14 Subrule (2) amended by S.R. 2007, No. 1, Applied:24 Jan 2007] lodges the application in accordance with section 77 of the Act within 12 months after the expiry of the licence that he or she currently holds.

15.   Fishing for commercial purposes

[Rule 15 Substituted by S.R. 2008, No. 83, Applied:01 Aug 2008] A person must not take scalefish for commercial purposes in State waters unless the person holds –

(a) an appropriate authority; or

(b) a gear licence, a fishing licence (vessel) and a fishing licence (personal); or

(c) a fishing licence (personal) that is endorsed for the use of –

(i) spears to take flounder for commercial purposes; or

(ii) a maximum of 250 metres of beach seine net in waters between Point Sorell at Hawley, near Devonport, and North Point at Stanley; or

(iii) special small-mesh gillnet; or

(iv) small-mesh gillnet in Bass Strait; or

(v) if the person has never held a fishing licence (small-mesh gillnet), small-mesh gillnet in a shark refuge area.

Penalty:  Grade 3 penalty.

Division 2 - Endorsements on licences

16.   Endorsement of fishing licences

(1)  The Secretary may endorse a fishing licence to allow the holder of the licence –

(a) to use the fishing gear specified on the licence in the waters specified in respect of that fishing gear; and

(b) to take, possess or sell the species or types of fish specified on the licence.

(2)  [Rule 16 Subrule (2) amended by S.R. 2008, No. 83, Applied:01 Aug 2008] A person who is the holder of a fishing licence that is endorsed under subrule (1) must only take scalefish in accordance with the endorsement on the licence when operating under the authority of that endorsement.

Penalty:  [Rule 16 Subrule (2) amended by S.R. 2008, No. 83, Applied:01 Aug 2008] Grade 3 penalty.

17.   Small-mesh gillnet endorsement

The holder of a fishing licence (personal) that is endorsed for the use of small-mesh gillnet must not carry on a fishing vessel or use –

(a) more than 600 metres of small-mesh gillnet; or

(b) a small-mesh gillnet that is more than 200 metres in length; or

(c) a small-mesh gillnet and a graball net, the combined length of which exceeds the greater of either –

(i) the length of graball net authorised by a scalefish licence held by that holder; or

(ii) the length of small-mesh gillnet authorised by a scalefish licence held by that holder to be used.

Penalty:  [Rule 17 Amended by S.R. 2008, No. 83, Applied:01 Aug 2008] Grade 3 penalty.

17A.   Special small-mesh gillnet endorsement

[Rule 10 Amended by S.R. 2008, No. 83, Applied:01 Aug 2008] The holder of a fishing licence (personal) that is endorsed for the use of special small-mesh gillnet must not carry on a fishing vessel, or use –

(a) a length of special small-mesh gillnet that exceeds the length of gillnet specified on the endorsement; or

(b) if the holder also holds a scalefish licence or a fishing licence (small-mesh gillnet) –

(i) a length of special small-mesh gillnet that exceeds the length of gillnet authorised by that licence; or

(ii) a length of special small-mesh gillnet and any other gillnet, the combined length of which exceeds the length of gillnet authorised by that licence.

Penalty:  Grade 3 penalty.

18.   Non-transferable fishing licence (class scalefish)

(1)  [Rule 18 Subrule (1) amended by S.R. 2009, No. 121, Applied:01 Nov 2009] The Minister is to endorse a fishing licence (scalefish C) as a non-transferable fishing licence.

(2)  The Minister is to endorse a fishing licence (scalefish A) or a fishing licence (scalefish B) as a non-transferable fishing licence if the holder of the licence does not have a recorded catch history of scalefish for the period starting on 1 July 1998 and ending on 28 February 2003.

(3)  [Rule 10 Amended by S.R. 2009, No. 121, Applied:01 Nov 2009] A scalefish licence that is endorsed as a non-transferable fishing licence may only be used by –

(a) the holder of the licence; or

(b) a person who was a supervisor of the licence when it was endorsed as a non-transferable licence.

19.   Beach seine net endorsement

The holder of a fishing licence (personal) that is endorsed for the use of a beach seine net who is not also the holder of a fishing licence (vessel) must not –

(a) use more than one 50-metre beach seine net; or

(b) use any fishing vessel to operate the beach seine net or carry the catch caught with such a net.

Penalty:  [Rule 19 Amended by S.R. 2008, No. 83, Applied:01 Aug 2008] Grade 3 penalty.

20.   Endorsement to use fishing gear

[Rule 20 Substituted by S.R. 2008, No. 83, Applied:01 Aug 2008]

(1)  A person must not take fish under the authority of a fishing licence (personal) that is endorsed for the use of a specified kind of fishing gear unless the person also holds a gear licence that authorises the use of that kind of fishing gear.

Penalty:  Grade 3 penalty.

(2)  Subrule (1) does not apply to a person who holds a fishing licence (personal) that is endorsed for the use of –

(a) spears to take flounder for commercial purposes; or

(b) a maximum of 250 metres of beach seine net in waters between Point Sorell at Hawley, near Devonport, and North Point at Stanley; or

(c) special small-mesh gillnet; or

(d) small-mesh gillnet in Bass Strait; or

(e) if the person has never held a fishing licence (small-mesh gillnet), small-mesh gillnet in a shark refuge area.

(3)  If a person holds –

(a) a fishing licence (personal) that is endorsed for the use of a specified kind of fishing gear; and

(b) a gear licence that authorises the use of that kind of fishing gear –

the person must not, at any time, use more of that fishing gear than is authorised by the gear licence.

Penalty:  Grade 3 penalty.

21.   Gillnet endorsement in shark refuge areas

(1)  The holder of a fishing licence (personal) that is endorsed for the use of gillnet in a shark refuge area must not use in that shark refuge area –

(a) more gillnet than specified in the endorsement; or

(b) gillnet that is longer than the length of graball net authorised by a scalefish licence that is also held by that holder.

Penalty:  [Rule 21 Subrule (1) amended by S.R. 2008, No. 83, Applied:01 Aug 2008] Grade 3 penalty.

(2)  Subrule (1)(b) does not apply if the gillnet is a small-mesh gillnet used in accordance with these rules.

Division 3 - Taking, selling and possessing certain fish species for commercial purposes

22.   Prohibition on commercial fishing

(1)  A person must not take scalefish for commercial purposes in –

(a) Georges Bay; or

(b) [Rule 22 Subrule (1) amended by S.R. 2009, No. 121, Applied:01 Nov 2009] the D'Entrecasteaux Channel; or

(c) [Rule 22 Subrule (1) amended by S.R. 2009, No. 121, Applied:01 Nov 2009] Ansons Bay.

Penalty:  [Rule 22 Subrule (1) amended by S.R. 2008, No. 83, Applied:01 Aug 2008] Grade 2 penalty.

(2)  [Rule 22 Subrule (2) amended by S.R. 2008, No. 83, Applied:01 Aug 2008] A person must not take scalefish for commercial purposes from the following waters unless the person is the holder of a fishing licence endorsed to take scalefish from those waters:

(a) the River Derwent;

(b) [Rule 22 Subrule (2) amended by No. 17 of 1996, Applied:22 Dec 2004] .  .  .  .  .  .  .  .  

(c) [Rule 22 Subrule (2) amended by S.R. 2009, No. 121, Applied:01 Nov 2009] Macquarie Harbour;

(d) [Rule 22 Subrule (2) amended by S.R. 2009, No. 121, Applied:01 Nov 2009] Port Sorell.

Penalty:  [Rule 22 Subrule (2) amended by S.R. 2008, No. 83, Applied:01 Aug 2008] Grade 2 penalty.

23.   Marblefish

[Rule 23 Substituted by S.R. 2008, No. 83, Applied:01 Aug 2008]

(1)  [Rule 23 Subrule (1) amended by S.R. 2009, No. 121, Applied:01 Nov 2009] A person must not take, or be in possession of, marblefish in State waters for commercial purposes unless the person is the holder of a fishing licence (banded morwong).

Penalty:  Grade 3 penalty.

(2)  However, subrule (1) does not prevent a person who holds a fishing licence (rock lobster) from taking or using marblefish for bait.

23A.   Southern calamari

[Rule 23A Inserted by S.R. 2008, No. 83, Applied:01 Oct 2008]

(1)  A person must not take, or be in possession of, southern calamari in south-east waters for commercial purposes unless the person is the holder of –

(a) a fishing licence (southern calamari); or

(b) [Rule 23A Subrule (1) amended by S.R. 2009, No. 121, Applied:01 Nov 2009] a fishing licence (class scalefish); or

(c) a seine licence; or

(d) a Danish seine licence.

Penalty:  Grade 3 penalty.

(2)  However, subrule (1) does not apply to a person who possesses southern calamari in south-east waters if those calamari were taken under the authority of a Commonwealth authority.

(3)  [Rule 23A Subrule (3) amended by S.R. 2009, No. 121, Applied:01 Nov 2009] The holder of a fishing licence (southern calamari) must not take, or be in possession of, southern calamari for commercial purposes in State waters other than south-east waters when acting under the authority of that fishing licence or any other fishing licence that is specified on the same fishing certificate as the fishing licence (southern calamari).

Penalty:  Grade 3 penalty.

(4)  [Rule 23A Subrule (4) amended by S.R. 2009, No. 121, Applied:01 Nov 2009] The holder of a fishing licence (personal) must not take, or be in possession of, more than 10 southern calamari in south-east waters in a 24-hour period unless that licensee also holds a fishing licence (southern calamari), a seine licence or a Danish seine licence.

Penalty:  Grade 3 penalty.

24.   Sale of bream

A person must not sell bream without a receipt for that bream showing that the bream were taken in waters other than waters relevant to the State.

Penalty:  [Rule 24 Amended by S.R. 2008, No. 83, Applied:01 Aug 2008] Grade 3 penalty.

25.   Wrasse

(1)  A person must not sell live wrasse unless the person –

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

(b) holds a receipt for the purchase of the wrasse being sold.

Penalty:  [Rule 25 Subrule (1) amended by S.R. 2008, No. 83, Applied:01 Aug 2008] Grade 2 penalty.

(2)  [Rule 25 Subrule (2) amended by S.R. 2009, No. 121, Applied:01 Nov 2009] The holder of a fishing licence (personal) must not be in possession of live or dead wrasse in State waters that has a total weight exceeding 30 kilograms unless the person is –

(a) the holder of a fishing licence (wrasse); or

(b) [Rule 25 Subrule (2) amended by S.R. 2009, No. 121, Applied:01 Nov 2009] the holder of a fishing licence (rock lobster) who is in possession of the wrasse for use as bait.

Penalty:  [Rule 25 Subrule (2) amended by S.R. 2008, No. 83, Applied:01 Aug 2008] Grade 2 penalty.

(3)  The holder of a fishing licence (personal) must not take wrasse that has a total weight exceeding 30 kilograms in any one day unless the person is –

(a) the holder of a fishing licence (wrasse); or

(b) the holder of a fishing licence (rock lobster) who has possession of the wrasse for use as bait.

Penalty:  [Rule 25 Subrule (3) amended by S.R. 2008, No. 83, Applied:01 Aug 2008] Grade 2 penalty.

26.   Use of fishing vessel for taking mackerel

(1)  [Rule 26 Subrule (1) amended by S.R. 2009, No. 121, Applied:01 Nov 2009] A person must not take, or be in possession of, more than 100 kilograms of mackerel on a vessel specified on the fishing licence (vessel) if the vessel is in State waters and is more than 20 metres in length.

Penalty:  [Rule 26 Subrule (1) amended by S.R. 2008, No. 83, Applied:01 Aug 2008] Grade 2 penalty.

(2)  Subrule (1) does not apply to –

(a) [Rule 26 Subrule (2) amended by S.R. 2009, No. 121, Applied:01 Nov 2009] a person who takes or is in possession of mackerel on a vessel that is more than 20 metres in length if the person is acting in accordance with a Commonwealth authority; or

(b) [Rule 26 Subrule (2) amended by S.R. 2009, No. 121, Applied:01 Nov 2009] the holder of a fishing licence (rock lobster) who takes or is in possession of the mackerel for use as bait for taking rock lobster; or

(c) [Rule 26 Subrule (2) amended by S.R. 2009, No. 121, Applied:01 Nov 2009] the holder of a mackerel fishing licence.

27.   Taking fish by purse seine net

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

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

(b) a fishing licence (Australian salmon).

Penalty:  [Rule 27 Amended by S.R. 2008, No. 83, Applied:01 Aug 2008] Grade 2 penalty.

28.   Taking fish by lampara net

A person must not take scalefish using a lampara net unless the person is the holder of a fishing licence (purse seine net).

Penalty:  [Rule 28 Amended by S.R. 2008, No. 83, Applied:01 Aug 2008] Grade 2 penalty.

29.   Taking fish by small-mesh gillnet

A person must not use or carry on a fishing vessel a small-mesh gillnet unless the person is the holder of –

(a) a fishing licence (small-mesh gillnet); or

(b) both a fishing licence (personal) that is endorsed for the use of a small-mesh gillnet and a scalefish licence.

Penalty:  [Rule 29 Amended by S.R. 2008, No. 83, Applied:01 Aug 2008] Grade 3 penalty.

Division 4 - Commercial fishing gear

30.   Use of fishing gear

(1)  A person, in State waters, must not carry on a fishing vessel, or use, fishing gear that –

(a) is used or intended to be used to take scalefish; and

(b) is in excess of the amount of gear authorised under a licence or authority.

Penalty:  [Rule 30 Subrule (1) amended by S.R. 2008, No. 83, Applied:01 Aug 2008] Grade 3 penalty.

(2)  Subrule (1) does not apply to a person –

(a) taking scalefish in accordance with a licence or Commonwealth authority that authorises the use of that fishing gear to take scalefish; or

(b) [Rule 30 Subrule (2) amended by S.R. 2009, No. 121, Applied:01 Nov 2009] taking scalefish for non-commercial fishing with fishing gear that does not require a fishing licence (class recreational).

31.   Fishing gear on commercial fishing trip

(1)  [Rule 31 Subrule (1) amended by S.R. 2008, No. 83, Applied:01 Aug 2008] During a fishing trip for taking scalefish for commercial purposes, a person must not carry on a fishing vessel, or use, fishing gear that is in excess of that authorised by a gear licence when taking scalefish under the authority of that gear licence.

Penalty:  [Rule 31 Subrule (1) amended by S.R. 2008, No. 83, Applied:01 Aug 2008] Grade 3 penalty.

(2)  Subrule (1) does not apply to fishing gear carried on a fishing vessel, or used, as authorised by a Commonwealth authority.

32.   Fishing gear on vessel carrying other vessel

A person on a fishing vessel that carries another fishing vessel must not –

(a) carry more fishing gear on either vessel than the combined maximum that is authorised in respect of both vessels; or

(b) use more fishing gear on one of the vessels than the amount of fishing gear that is authorised to be used from that vessel.

Penalty:  [Rule 32 Amended by S.R. 2008, No. 83, Applied:01 Aug 2008] Grade 3 penalty.

32A.   Mother boating permitted in certain circumstances

[Rule 32A Inserted by S.R. 2008, No. 83, Applied:01 Aug 2008]

(1)  The holder of a fishing licence (vessel) for a mother boat must not, during a fishing trip involving the mother boat, take scalefish for commercial purposes other than to assist a prescribed licensee.

Penalty:  Grade 3 penalty.

(2)  The holder of a fishing licence (vessel) for a mother boat must not use the mother boat to land prescribed scalefish taken by a prescribed licensee unless the prescribed licensee is on board the mother boat at the time of the landing.

Penalty:  Grade 3 penalty.

(3)  Except as provided by subrules (1) and (2) , nothing in these rules is to be taken to prohibit the holder of a fishing licence (vessel) for a mother boat from being in possession of, or carrying on board the mother boat, prescribed scalefish taken by a prescribed licensee.

(4)  In this rule –

mother boat means a fishing vessel that –

(a) is used to transport another, smaller, licensed fishing vessel on a fishing trip for scalefish; and

(b) is used by the holder of the fishing licence (vessel) for the smaller licensed fishing vessel to hold scalefish taken during the fishing trip;

prescribed licensee means the holder of a licence that authorises the taking of prescribed scalefish;

prescribed scalefish means banded morwong, wrasse or Australian salmon.

33.   Use of dinghies

[Rule 33 Substituted by S.R. 2008, No. 83, Applied:01 Aug 2008]

(1)  A person who holds a fishing licence (vessel) and either a seine licence or a fishing licence (Australian salmon) must not, on a fishing trip –

(a) use more than 2 dinghies; or

(b) use a dinghy that is longer than the fishing vessel specified in the fishing licence (vessel).

Penalty:  Grade 2 penalty.

(2)  [Rule 33 Subrule (2) omitted by S.R. 2009, No. 121, Applied:01 Nov 2009] .  .  .  .  .  .  .  .  

(3)  [Rule 33 Subrule (3) omitted by S.R. 2009, No. 121, Applied:01 Nov 2009] .  .  .  .  .  .  .  .  

(4)  The holder of a fishing licence (vessel) who is not the holder of a seine licence or a fishing licence (Australian salmon) must not, in taking scalefish, use –

(a) more than one dinghy from the fishing vessel specified in the licence; or

(b) a dinghy that is longer than that fishing vessel.

Penalty:  Grade 2 penalty.

(5)  The holder of a fishing licence (vessel) must ensure that each side of the hull of a dinghy used in conjunction with the fishing vessel specified on the licence displays the letter "D" above or forward of the distinguishing mark displayed on each side of the hull of the dinghy.

Penalty:  Grade 2 penalty.

34.   Use of shark nets

[Rule 34 Amended by S.R. 2009, No. 121, Applied:01 Nov 2009] A person must not, while on a fishing vessel in State waters, be in possession of a shark net unless that person is the holder of an appropriate authority.

Penalty:  [Rule 34 Amended by S.R. 2008, No. 83, Applied:01 Aug 2008] Grade 2 penalty.

35.   Possessing graball net

[Rule 35 Amended by S.R. 2009, No. 121, Applied:01 Nov 2009] A person must not, while on a fishing vessel in State waters, be in possession of a graball net if –

(a) more than 1 800 metres of shark net are being used from or carried on the fishing vessel; or

(b) more than 1 000 hooks are being used from or carried on the fishing vessel.

Penalty:  [Rule 35 Amended by S.R. 2008, No. 83, Applied:01 Aug 2008] Grade 3 penalty.

36.   Commercial graball net

(1)  A person must not carry on a fishing vessel, or use, a commercial graball net that has a net depth of more than 50 meshes unless the person is the holder of –

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

(b) a fishing licence (scalefish B).

Penalty:  [Rule 36 Subrule (1) amended by S.R. 2008, No. 83, Applied:01 Aug 2008] Grade 2 penalty.

(2)  The holder of a fishing licence (scalefish A) or a fishing licence (scalefish B) must not carry on a fishing vessel, or use, a commercial graball net that has a net depth of more than 50 meshes at the same time as carrying or using more than half the amount of commercial graball net authorised under the licence.

Penalty:  [Rule 36 Subrule (2) amended by S.R. 2008, No. 83, Applied:01 Aug 2008] Grade 2 penalty.

37.   Use of squid jigs, dipnets and spears

(1)  [Rule 37 Subrule (1) substituted by S.R. 2007, No. 1, Applied:24 Jan 2007] A person who holds a fishing licence (vessel), a fishing licence (personal) and a fishing licence (scalefish C) at the same time may –

(a) carry on a fishing vessel squid jigs, landing nets and one hand-held dipnet; and

(b) use the squid jigs and the hand-held dipnet to take scalefish; and

(c) use the landing nets to land scalefish.

(2)  [Rule 37 Subrule (2) substituted by S.R. 2007, No. 1, Applied:24 Jan 2007] A person who holds a fishing licence (vessel), a fishing licence (personal) and a fishing licence (rock lobster) at the same time may –

(a) carry on a fishing vessel squid jigs, landing nets and 2 hand-held dipnets; and

(b) use the squid jigs and the hand-held dipnets to take scalefish; and

(c) use the landing nets to land scalefish.

(3)  [Rule 37 Subrule (3) amended by S.R. 2008, No. 83, Applied:01 Aug 2008] [Rule 37 Subrule (3) substituted by S.R. 2007, No. 1, Applied:24 Jan 2007] A person who holds a gear licence other than a licence specified in subrule (1) or (2) may –

(a) carry on a fishing vessel squid jigs, landing nets, hand-held dipnets and spears; and

(b) use the squid jigs, hand-held dipnets and spears to take scalefish; and

(c) use the landing nets to land scalefish.

(4)  [Rule 37 Subrule (4) substituted by S.R. 2008, No. 83, Applied:01 Aug 2008] A person who holds an authorisation to carry on a fishing vessel, or use, squid jigs for commercial purposes and who is not the holder of a fishing licence (automatic squid jig) must not carry on a fishing vessel, or use, at any one time, more than –

(a) 4 automatic squid-jigging machines; or

(b) fish attraction lamps exceeding a total power rating of 2 000 watts.

Penalty:  Grade 1 penalty.

(5)  [Rule 37 Subrule (5) inserted by S.R. 2008, No. 83, Applied:01 Aug 2008] A person who holds an authorisation to carry on a fishing vessel, or use, squid jigs for commercial purposes and who is not fishing under the authority of a fishing licence (automatic squid jig) must not, at any one time, use more than 5 squid jigs.

Penalty:  Grade 1 penalty.

37A.   Carrying or using squid jigs at same time as seine net in south-east waters

[Rule 10 Amended by S.R. 2008, No. 83, Applied:01 Aug 2008]

(1)  [Rule 37A Subrule (1) amended by S.R. 2009, No. 121, Applied:01 Nov 2009] A person must not carry a squid jig on a fishing vessel in south-east waters while carrying a purse seine net, beach seine net or Danish seine net on the fishing vessel.

Penalty:  Grade 2 penalty.

(2)  [Rule 37A Subrule (2) amended by S.R. 2009, No. 121, Applied:01 Nov 2009] A person must not use a squid jig on a fishing vessel in south-east waters while using a purse seine net, beach seine net or Danish seine net on the fishing vessel.

Penalty:  Grade 2 penalty.

(3)  Subrules (1) and (2) do not apply if the person holds –

(a) a fishing licence (southern calamari); and

(b) a fishing licence that authorises the use of a purse seine net, beach seine net or Danish seine net.

37B.   Use of dinghy if using squid jigs

[Rule 10 Amended by S.R. 2008, No. 83, Applied:01 Aug 2008] The holder of a fishing licence (vessel) who holds an authorisation to carry on a fishing vessel, or use, squid jigs must not use squid jigs from a dinghy while using squid jigs from the authorised fishing vessel.

Penalty:  Grade 2 penalty.

38.   Traps and hooks

The holder of both a fishing licence (wrasse) and a fishing licence (scalefish C) may carry on a fishing vessel or use not more than –

(a) 2 fish traps; and

(b) 10 hooks as authorised by the fishing licence (scalefish C) if any fish traps are carried on that vessel or are being used.

39.   Fishing licence (scalefish A)

The holder of a fishing licence (scalefish A) may carry on a fishing vessel or use not more than –

(a) 1 000 metres in length of graball net; and

(b) 200 hooks; and

(c) 2 fish traps.

40.   Fishing licence (scalefish B)

The holder of a fishing licence (scalefish B) may carry on a fishing vessel or use not more than –

(a) 500 metres in length of graball net; and

(b) 200 hooks; and

(c) 2 fish traps.

41.   Fishing licence (scalefish C)

The holder of a fishing licence (scalefish C) may carry on a fishing vessel or use not more than –

(a) 150 metres in length of graball net; or

(b) 200 hooks; or

(c) one fish trap.

42.   Fishing licence (rock lobster)

(1)  The holder of a fishing licence (rock lobster) may carry on a fishing vessel or use not more than –

(a) 150 metres in length of graball net; and

(b) 200 hooks; and

(c) 2 fish traps.

(2)  The holder of a fishing certificate that specifies both a fishing licence (rock lobster) and either a fishing licence (scalefish A) or a fishing licence (scalefish B) must not carry on a fishing vessel, or use, any more fishing gear than the gear authorised by the fishing licence (scalefish A) or the fishing licence (scalefish B).

43.   Fishing licence (small-mesh gillnet)

The holder of a fishing licence (small-mesh gillnet) may carry on a fishing vessel or use not more than –

(a) 600 metres in length of small-mesh gillnet; or

(b) small-mesh gillnets each of which is not more than 200 metres in length.

44.   Small-mesh gillnet net depth

[Rule 44 Substituted by S.R. 2008, No. 83, Applied:01 Aug 2008] A person must not carry on a fishing vessel, or use, a small-mesh gillnet that has a net depth of more than 75 meshes while carrying, or using, more than half the amount of small-mesh gillnet authorised by the person's licence.

Penalty:  Grade 2 penalty.

45.   Fishing licence (purse seine net)

[Rule 45 Substituted by S.R. 2008, No. 83, Applied:01 Aug 2008]

(1)  The holder of a fishing licence (purse seine net) must not carry on a fishing vessel, or use –

(a) a purse seine net with a headline length of more than 600 metres; or

(b) a lampara net with a headline length of more than 600 metres.

Penalty:  Grade 2 penalty.

(2)  The holder of a fishing licence (purse seine net) must not use more than one seine net at any one time.

Penalty:  Grade 2 penalty.

(3)  However, nothing in subrule (2) prevents the holder of a fishing licence (purse seine net) from carrying on a fishing vessel more than one seine net at any time.

46.   Use of purse seine nets on fishing vessels

A person must not, while on a fishing vessel in State waters, carry, or use, a purse seine net or a lampara net unless –

(a) the person is the holder of a fishing licence (purse seine net) and the fishing vessel is the vessel specified on that licence; or

(b) the person is the holder of a fishing licence (Australian salmon).

47.   Fishing licence (beach seine)

(1)  The holder of a fishing licence (beach seine A) may carry on a fishing vessel, or use, beach seine nets if the total headline length of the nets is not more than 600 metres.

(2)  The holder of a fishing licence (beach seine B) may carry on a fishing vessel, or use, beach seine nets if the total headline length of the nets is not more than 150 metres.

48.   Fishing licence (automatic squid jig)

[Rule 48 Substituted by S.R. 2008, No. 83, Applied:01 Aug 2008]

(1)  [Rule 48 Subrule (1) amended by S.R. 2009, No. 121, Applied:01 Nov 2009] A fishing licence (automatic squid jig) authorises the holder of that licence to take and possess only Gould's squid.

(2)  A fishing licence (automatic squid jig) authorises the holder of that licence to carry on a fishing vessel, and use, the following fishing gear:

(a) automatic squid-jigging machines;

(b) squid lines;

(c) fish attraction lamps.

49.   Fishing licence (general trawl)

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

(a) carry more Danish seine nets on the fishing vessel than the number specified in the licence; or

(b) use more than one Danish seine net at any one time.

Penalty:  [Rule 49 Amended by S.R. 2008, No. 83, Applied:01 Aug 2008] Grade 3 penalty.

50.   Restrictions on fishing licence (general trawl)

(1)  The holder of a fishing licence (general trawl) must not use a Danish seine net that is being towed by, or is connected to, a vessel that is not the vessel specified in the fishing licence (general trawl).

Penalty:  [Rule 50 Subrule (1) amended by S.R. 2008, No. 83, Applied:01 Aug 2008] Grade 2 penalty.

(2)  If a Danish seine net has a whiting codend attached, the holder of a fishing licence (general trawl) must not use that net in State waters other than the following State waters:

(a) east of the line of longitude extending through Woolnorth Point to the line of longitude extending through Waterhouse Point;

(b) north of an imaginary straight line from Yellow Bluff on North Bruny Island to Outer North Head on the Tasman Peninsula.

Penalty:  [Rule 50 Subrule (2) amended by S.R. 2008, No. 83, Applied:01 Aug 2008] Grade 2 penalty.

(3)  The holder of a fishing licence (general trawl) must not use a Danish seine net in the following State waters:

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

(b) [Rule 50 Subrule (3) amended by S.R. 2008, No. 83, Applied:01 Aug 2008] in Anderson Bay;

(c) [Rule 50 Subrule (3) amended by S.R. 2008, No. 83, Applied:01 Aug 2008] south of an imaginary straight line from the north-east tip of East Sandy Point to the tower on Hardwicks Hill near Croppies Point;

(d) in Frederick Henry Bay and Norfolk Bay;

(e) in Great Oyster Bay;

(f) in Mercury Passage;

(g) west and north of imaginary straight lines from Cape Degerando to Cape Baudin, from Cape Faure to Ile des Phoques, from Ile des Phoques to Cape Boullanger and from Cape Bernier to Cape Peron;

(h) in the River Derwent;

(i) in the D'Entrecasteaux Channel.

Penalty:  [Rule 50 Subrule (3) amended by S.R. 2008, No. 83, Applied:01 Aug 2008] Grade 2 penalty.

(4)  Subrules (2) and (3) do not apply to the holder of a fishing licence (general trawl) if that licence is endorsed to allow the holder of the licence to use a Danish seine net in those waters.

51.   Fishing licence (limited trawl)

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

(a) carry more Danish seine nets on the fishing vessel than the number specified in the licence; or

(b) use more than one Danish seine net at any one time.

Penalty:  [Rule 51 Amended by S.R. 2008, No. 83, Applied:01 Aug 2008] Grade 3 penalty.

52.   Restrictions on fishing licence (limited trawl)

(1)  The holder of a fishing licence (limited trawl) must not use a Danish seine net that is being towed by, or is connected to, a vessel that is not the vessel specified in the fishing licence (limited trawl).

Penalty:  [Rule 52 Subrule (1) amended by S.R. 2008, No. 83, Applied:01 Aug 2008] Grade 2 penalty.

(2)  The holder of a fishing licence (limited trawl) must not use a Danish seine net in State waters other than the State waters bounded –

(a) in the north by an imaginary straight line from Tasman Head on South Bruny Island to Cape Raoul on the Tasman Peninsula; and

(b) in the west by the line of longitude 147° 17' 7"; and

(c) in the east by the line of longitude 148° –

and not including State waters that are within one nautical mile of any part of the coast of Tasmania.

Penalty:  [Rule 52 Subrule (2) amended by S.R. 2008, No. 83, Applied:01 Aug 2008] Grade 2 penalty.

53.   Fishing licence (limited trawl) ceases to have effect

The Minister may cancel a fishing licence (limited trawl) if the fishing vessel specified in the licence is no longer specified on a Commonwealth authority in relation to the South East Trawl Fishery of the Commonwealth.

54.   Use and possession of trawl nets

(1)  [Rule 54 Subrule (1) amended by S.R. 2009, No. 121, Applied:01 Nov 2009] A person must not be in possession of a trawl net on a fishing vessel in State waters unless the person –

(a) [Rule 54 Subrule (1) amended by S.R. 2009, No. 121, Applied:01 Nov 2009] is the holder of a fishing licence (class Danish seine) authorising the person to do so on that fishing vessel; or

(b) [Rule 54 Subrule (1) amended by S.R. 2009, No. 121, Applied:01 Nov 2009] is in possession of a trawl net in accordance with a Commonwealth authority that authorises the use of a type of trawl net.

Penalty:  [Rule 54 Subrule (1) amended by S.R. 2008, No. 83, Applied:01 Aug 2008] Grade 2 penalty.

(2)  A person must not use a board trawl net from a fishing vessel in State waters.

Penalty:  [Rule 54 Subrule (2) amended by S.R. 2008, No. 83, Applied:01 Aug 2008] Grade 2 penalty.

Division 5 - Australian salmon

55.   Authority of fishing licence (Australian salmon)

The holder of a fishing licence (Australian salmon) may take Australian salmon using beach seine nets and purse seine nets with –

(a) a headline length of not more than 600 metres in total; and

(b) [Rule 55 Amended by No. 17 of 1996, Applied:01 Nov 2004] a mesh size of at least 30 millimetres.

56.   Carrying Australian salmon

(1)  On any one occasion, a person must not carry on a fishing vessel, or land, more than 500 kilograms of Australian salmon, in total weight, unless the person is –

(a) the holder of a fishing licence (Australian salmon); or

(b) the holder of a fishing licence (personal) endorsed to take more than that amount of Australian salmon.

Penalty:  [Rule 56 Subrule (1) amended by S.R. 2008, No. 83, Applied:01 Aug 2008] Grade 3 penalty.

(2)  The holder of a fishing licence (personal) may carry on a fishing vessel an unlimited amount of Australian salmon in addition to the 500 kilograms specified in subrule (1) if –

(a) that additional amount of Australian salmon is frozen and packed in boxes; or

(b) the holder has a receipt for the purchase of that Australian salmon.

57.   Taking Australian salmon in certain waters

(1)  The holder of a fishing licence (Australian salmon) must not take Australian salmon in any of the following waters:

(a) the waters of –

(i) Blackman Bay; and

(ii) Frederick Henry Bay and Norfolk Bay up to an imaginary straight line extending from Cape Deslacs through the southern end of Sloping Island and ending at Black Jack Point; and

(iii) Port Sorell; and

(iv) the River Derwent; and

(v) the River Tamar;

(b) within 500 metres of the low-water mark at Swimcart Beach between Cosy Corner and Round Hill Point between 1 December in one year and 31 March in the following year;

(c) within one nautical mile of the low-water mark between Point Sorell at Hawley, near Devonport, and North Point, Stanley;

(d) the waters of Great Oyster Bay north of an imaginary straight line between Webber Point and Fleurieu Point from 1 January in any year to 31 March in that year;

(e) the waters enclosed eastward and northward by an imaginary straight line from the Coles Bay boat ramp to the eastern edge of the quarry on the northern side of The Hazards between Rulla Creek and Malunna Creek.

Penalty:  [Rule 57 Subrule (1) amended by S.R. 2008, No. 83, Applied:01 Aug 2008] Grade 2 penalty.

(2)  [Rule 57 Subrule (2) amended by S.R. 2008, No. 83, Applied:01 Aug 2008] [Rule 57 Subrule (2) substituted by S.R. 2009, No. 121, Applied:01 Nov 2009] The holder of a fishing licence (Australian salmon) must not, in any one day, take a total of 500 kilograms or more of Australian salmon when fishing under the authority of a fishing licence –

(a) that permits the taking and possession of Australian salmon for commercial purposes; and

(b) that is not a fishing licence (Australian salmon).

Penalty:   Grade 2 penalty.

58.   Fishing licences (Australian salmon) by-catch provisions

(1)  The holder of a fishing licence (Australian salmon) using fishing gear authorised by the licence must not take and carry on a fishing vessel fish of any species or type, other than Australian salmon, that have a total weight exceeding 50 kilograms unless –

(a) the holder also holds one of the following licences and has taken the fish in accordance with that licence:

(i) a fishing licence (purse seine net);

(ii) a fishing licence (beach seine A);

(iii) a fishing licence (beach seine B); and

(b) the holder uses fishing gear authorised by that licence.

Penalty:  [Rule 58 Subrule (1) amended by S.R. 2008, No. 83, Applied:01 Aug 2008] Grade 2 penalty.

(2)  [Rule 58 Subrule (2) amended by S.R. 2009, No. 121, Applied:01 Nov 2009] Subrule (1) does not apply to taking common jack mackerel and silver trevally.

Division 6 - [Division 6 of Part 3 Heading inserted by S.R. 2008, No. 83, Applied:01 Aug 2008] Banded morwong

58A.   Taking and possession of banded morwong

[Rule 10 Amended by S.R. 2008, No. 83, Applied:01 Aug 2008] A person must not take, or be in possession of, banded morwong in State waters for commercial purposes unless the person is the holder of a fishing licence (banded morwong).

Penalty:  Grade 3 penalty.

58B.   Total allowable catch

[Rule 10 Amended by S.R. 2008, No. 83, Applied:01 Aug 2008]

(1)  Unless otherwise determined by the Secretary by notice published in the Gazette, the quota period during which the total allowable catch for the commercial banded morwong fishery may be taken is the period commencing on 1 March in a year and ending on the last day of February in the following year.

(2)  The Minister is to allocate the total allowable catch for the commercial banded morwong fishery to the holders of fishing licences (banded morwong) according to the number of banded morwong quota units held by those licensees in respect of those licences immediately before the commencement of the period referred to in subrule (1) .

58C.   Restrictions relating to fish caufs

[Rule 10 Amended by S.R. 2008, No. 83, Applied:01 Aug 2008]

(1)  The holder of a fishing licence (banded morwong) must not be in possession of a fish cauf in State waters unless –

(a) the fish cauf is at all times within the close proximity of the licensee; or

(b) the licence is endorsed for the use of a fish cauf.

Penalty:  Grade 3 penalty.

(2)  The holder of a fishing licence (banded morwong) must not use a fish cauf to hold banded morwong unless –

(a) the use of the fish cauf is at all times carried out under the close and direct supervision of the licensee; or

(b) the licence is endorsed for the use of a fish cauf.

Penalty:  Grade 3 penalty.

(3)  The holder of a fishing licence (banded morwong) that is endorsed for the use of a fish cauf must not place a fish cauf anywhere other than at a place specified in the licence.

Penalty:  Grade 3 penalty.

58D.   Restrictions relating to holding tanks

[Rule 10 Amended by S.R. 2008, No. 83, Applied:01 Aug 2008]

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

(a) be in possession of a holding tank; or

(b) place banded morwong in a holding tank –

unless the licence is endorsed for the use of a holding tank.

Penalty:  Grade 3 penalty.

(2)  The holder of a fishing licence (banded morwong) that is endorsed for the use of a holding tank must not place a holding tank anywhere other than at a place specified in the licence.

Penalty:  Grade 3 penalty.

58E.   Records relating to fish caufs and holding tanks

[Rule 10 Amended by S.R. 2008, No. 83, Applied:01 Aug 2008]

(1)  The holder of a fishing licence (banded morwong) that is endorsed for the use of a holding tank must keep approved records in relation to the use of that tank.

Penalty:  Grade 3 penalty.

(2)  The holder of a fishing licence (banded morwong) that is endorsed for the use of a fish cauf must keep approved records in relation to the use of that fish cauf.

Penalty:  Grade 3 penalty.

58F.   Reporting service

[Rule 10 Amended by S.R. 2008, No. 83, Applied:01 Aug 2008]

(1)  The Secretary may approve –

(a) a reporting service to receive reports under this Division; and

(b) the means by which such reports are to be made; and

(c) the information to be provided in such reports.

(2)  As soon as practicable after it receives a report under this Division, the reporting service is to issue the maker of the report with a report receipt number.

58G.   Restrictions on transfer of banded morwong quota units

[Rule 10 Amended by S.R. 2008, No. 83, Applied:01 Aug 2008]

(1)  The Minister is not to transfer banded morwong quota units to a person who is not the holder of a fishing licence (banded morwong).

(2)  The Minister is not to specify banded morwong quota units on a licence other than a fishing licence (banded morwong).

(3)  The Minister is not to transfer banded morwong quota units unless –

(a) the banded morwong quota unit balance for the transferor's fishing licence (banded morwong) is reduced by a quantity equivalent to the number of those banded morwong quota units; and

(b) the quantity of banded morwong for those banded morwong quota units has not already been caught.

(4)  The Minister is not to transfer partially caught banded morwong quota units.

(5)  However, subrule (3)(b) and subrule (4) do not apply to the permanent transfer of banded morwong quota units that are transferred with the fishing licence (banded morwong) in which the banded morwong quota units are specified.

58H.   Maximum licence holdings for banded morwong

[Rule 10 Amended by S.R. 2008, No. 83, Applied:01 Aug 2008]

(1)  [Rule 58H Subrule (1) amended by No. 17 of 1996, Applied:30 Mar 2011] A person must not at any one time –

(a) hold more than 2 fishing licences (banded morwong); or

(b) receive any payment, financial advantage or benefit in kind from more than 2 fishing licences (banded morwong).

Penalty:  Grade 2 penalty.

(2)  If a person is convicted of an offence under subrule (1) , the Minister may divest the person of the interests in excess of 2 licences and reallocate those interests by any means the Minister considers appropriate.

58I.   Maximum quota unit holdings

[Rule 10 Amended by S.R. 2008, No. 83, Applied:01 Aug 2008]

(1)  The holder of a fishing licence (banded morwong) must not at any one time or in the same licensing year –

(a) hold more than 200 banded morwong quota units on a licence; or

(b) hold more than 200 banded morwong quota units; or

(c) receive any payment, financial advantage or benefit in kind from more than 200 banded morwong quota units.

Penalty:  Grade 2 penalty.

(2)  If a person is convicted of an offence under subrule (1) , the Minister may divest the person of the interests in excess of 200 banded morwong quota units and reallocate those interests by any means the Minister considers appropriate.

58J.   Determination of market value

[Rule 10 Amended by S.R. 2008, No. 83, Applied:01 Aug 2008]

(1)  The Secretary may, from time to time, after consultation with the relevant fishing body –

(a) determine the market value of banded morwong; and

(b) publish the determination in the Gazette.

(2)  A determination under subrule (1) has effect from the date on which the notice is published until the determination is revoked or a further determination is made under subrule (1) .

58K.   Taking and possessing banded morwong in TAC area

[Rule 58K Inserted by S.R. 2008, No. 83, Applied:01 Oct 2008]

(1)  The holder of a fishing licence (banded morwong) must not take, or be in possession of, banded morwong in the TAC area unless the number of banded morwong quota units that may be taken under the licence is specified in the licence.

Penalty:  Grade 2 penalty.

(2)  However, subrule (1) does not apply to banded morwong possessed in the TAC area if they were taken outside the TAC area and the licence holder, no earlier than 2 hours before entering the TAC area, made a transit report about the entry.

(3)  [Rule 58K Subrule (3) amended by S.R. 2009, No. 121, Applied:01 Nov 2009] The holder of a fishing licence (banded morwong) must not, while fishing under the authority of that licence, engage in non-commercial fishing for banded morwong.

Penalty:  Grade 3 penalty.

58L.   Banded morwong quota unit balance not to be exceeded

[Rule 58L Inserted by S.R. 2008, No. 83, Applied:01 Oct 2008]

(1)  The holder of a fishing licence (banded morwong) must not land banded morwong that have been taken or possessed by the licensee in the TAC area if the quantity of banded morwong landed exceeds the banded morwong quota unit balance for the licence.

Penalty:  In the case of –

(a) the relevant quota unit balance being exceeded by fewer than 400 banded morwong, Grade 2 penalty; or

(b) the relevant quota unit balance being exceeded by 400 or more banded morwong, Grade 3 penalty.

(2)  However, in determining whether the holder of the fishing licence (banded morwong) has committed an offence under subrule (1) , banded morwong possessed by the licensee in the TAC area are to be disregarded if –

(a) those banded morwong were taken outside the TAC area; and

(b) [Rule 58L Subrule (2) amended by S.R. 2009, No. 121, Applied:01 Nov 2009] the licensee made a transit report concerning the movement of those banded morwong no earlier than 2 hours before they entered the TAC area.

(3)  If –

(a) the Minister is satisfied that the holder of a fishing licence (banded morwong) has committed an offence under subrule (1) but that the relevant quota unit balance has only been exceeded by fewer than 400 banded morwong; and

(b) the licensee pays or agrees to pay an administrative penalty to the Crown –

the Minister may accept such payment or agreement to pay and, if so, must waive or, if applicable, discontinue the proceedings for the offence.

(4)  If the whole or any part of an amount that a person has agreed to pay under subrule (3) is not paid by such date or within such period as that person and the Minister have agreed for the purpose, the unpaid amount may be recovered in a court of competent jurisdiction as a debt due to the Crown.

(5)  In this rule –

administrative penalty means –

(a) for 40 or fewer banded morwong, 1.5 times their market value; and

(b) for more than 40 but fewer than 400 banded morwong, 2 times their market value.

58M.   Records to be completed

[Rule 58M Inserted by S.R. 2008, No. 83, Applied:01 Oct 2008] The holder of a fishing licence (banded morwong) who lands banded morwong that have been taken or possessed in the TAC area must complete the approved records before the fish leave the landing area.

Penalty:  Grade 3 penalty.

58N.   Single area trips

[Rule 58N Inserted by S.R. 2008, No. 83, Applied:01 Oct 2008] The holder of a fishing licence (banded morwong) must not, during a fishing trip for commercial purposes, be in possession of banded morwong taken from the TAC area if the licensee is also in possession of banded morwong taken from waters other than the TAC area.

Penalty:  Grade 3 penalty.

58O.   Pre-fishing reports

[Rule 58O Inserted by S.R. 2008, No. 83, Applied:01 Oct 2008] The holder of a fishing licence (banded morwong) must not take, or be in possession of, banded morwong for commercial purposes in the TAC area unless the licensee, before entering the TAC area, makes a pre-fishing report.

Penalty:  Grade 3 penalty.

PART 4 - Non-commercial fishing

[Part 4 Heading amended by S.R. 2009, No. 121, Applied:01 Nov 2009]

Division 1 - Non-commercial fishing gear

[Division 1 of Part 4 Heading amended by S.R. 2009, No. 121, Applied:01 Nov 2009]

59.   Use of nets or set lines for recreational fishing

[Rule 59 Subrule (1) amended by S.R. 2008, No. 83, Applied:01 Aug 2008] [Rule 59 Substituted by S.R. 2009, No. 121, Applied:01 Nov 2009]

(1)  This rule does not apply to –

(a) fishing for commercial purposes; or

(b) an Aborigine engaged in an Aboriginal activity.

(2)  A person must not take scalefish using a beach seine net unless the person is the holder of a fishing licence (recreational beach seine net).

Penalty:  Grade 3 penalty.

(3)  A person must not take scalefish using a graball net unless the person is the holder of a fishing licence (recreational graball net).

Penalty:  Grade 3 penalty.

(4)  A person must not take scalefish using a mullet net unless the person is the holder of a fishing licence (recreational mullet net).

Penalty:  Grade 3 penalty.

(5)  A person must not take scalefish using a set line, unless the person is the holder of a fishing licence (recreational set line).

Penalty:  Grade 3 penalty.

59A.   Use of nets or set lines for non-commercial fishing

[Rule 59A Inserted by S.R. 2009, No. 121, Applied:01 Nov 2009]

(1)  The holder of a fishing licence (recreational beach seine net) or an Aborigine engaged in an Aboriginal activity may use one beach seine net no more than 50 metres in length to take scalefish for non-commercial fishing.

(2)  The holder of a fishing licence (recreational graball net) or an Aborigine engaged in an Aboriginal activity may use one graball net no more than 50 metres in length to take scalefish for non-commercial fishing.

(3)  The holder of a fishing licence (recreational mullet net) or an Aborigine engaged in an Aboriginal activity may use one mullet net no more than 25 metres in length and no more than 33 meshes in net depth to take scalefish for non-commercial fishing.

(4)  The holder of a fishing licence (recreational set line) or an Aborigine engaged in an Aboriginal activity may use one set line to take scalefish for non-commercial fishing.

(5)  The holder of a licence referred to in subrule (1) , (2) , (3) or (4) or an Aborigine engaged in an Aboriginal activity must not use more fishing gear than is authorised by that subrule or under that licence.

Penalty:  Grade 3 penalty.

(6)  The holder of a licence referred to in subrule (1) , (2) , (3) or (4) or an Aborigine engaged in an Aboriginal activity must not use fishing gear of a different length or net depth than is authorised by that subrule or under that licence.

Penalty:  Grade 3 penalty.

(7)  A person must not hold more than one of each of the following licences:

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

(b) fishing licence (recreational graball net);

(c) fishing licence (recreational mullet net);

(d) fishing licence (recreational set line).

Penalty:  Grade 3 penalty.

60.   Identification of fishing gear used for non-commercial fishing

(1)  [Rule 60 Subrule (1) amended by S.R. 2009, No. 121, Applied:01 Nov 2009] On the issue of a fishing licence (recreational graball net), a fishing licence (recreational set line) or a fishing licence (recreational mullet net), 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)  [Rule 60 Subrule (2) amended by S.R. 2009, No. 121, Applied:01 Nov 2009] A person who uses, for non-commercial fishing, a graball net, mullet net or set line must –

(a) [Rule 60 Subrule (2) amended by S.R. 2009, No. 121, Applied:01 Nov 2009] mark, legibly and clearly, the person's unique identifying code –

(i) [Rule 60 Subrule (2) amended by S.R. 2009, No. 121, Applied:01 Nov 2009] on at least one of the marker buoys required for the net or set line; and

(ii) in figures not less than 70 millimetres high and 12 millimetres wide; and

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

(c) [Rule 60 Subrule (2) amended by S.R. 2009, No. 121, Applied:01 Nov 2009] attach the buoy securely to the net or set line; and

(d) [Rule 60 Subrule (2) amended by S.R. 2009, No. 121, Applied:01 Nov 2009] ensure the code marked on the buoy remains clear and legible; and

(e) [Rule 60 Subrule (2) amended by S.R. 2009, No. 121, Applied:01 Nov 2009] ensure that the same code is displayed on any buoys attached to the net.

Penalty:  [Rule 60 Subrule (2) amended by S.R. 2008, No. 83, Applied:01 Aug 2008] Grade 2 penalty.

(3)  [Rule 10 Amended by S.R. 2009, No. 121, Applied:01 Nov 2009] A person who uses, for non-commercial fishing, a combined set line must –

(a) mark, clearly and legibly, the person's unique identifying code –

(i) on at least one of the marker buoys required for the combined set line; and

(ii) in figures not less than 70 millimetres high and 12 millimetres wide; and

(b) ensure that, for each person who combines his or her set line into the combined set line, at least one marker buoy is attached to the combined set line displaying that person's unique identifying code; and

(c) comply with the requirements of subrule (2)(b) , (c) and (d) as if the combined set line was an individual set line.

Penalty:  Grade 2 penalty.

(4)  [Rule 10 Amended by S.R. 2009, No. 121, Applied:01 Nov 2009] In this rule –

combined set line means a set line that has been combined, in accordance with rule 68(5) , with the set line or set lines of another person or persons;

unique identifying code means –

(a) for an Aborigine engaged in an Aboriginal activity, a unique code allotted to that person by the Office of Aboriginal Affairs or by other means approved by the Secretary; and

(b) for a licence holder, the licence number allotted to that person under subrule (1) .

61.   Fishing gear tags used for recreational fishing

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

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

(ab) [Rule 61 Subrule (1) amended by S.R. 2009, No. 121, Applied:01 Nov 2009] a fishing licence (recreational set line);

(b) 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 tag issued for that gear is attached to the gear so that the tag is clearly visible when the gear is in use.

Penalty:  [Rule 61 Subrule (2) amended by S.R. 2008, No. 83, Applied:01 Aug 2008] Grade 2 penalty.

(3)  If a tag issued in relation to fishing gear under subrule (1) 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 may issue a new tag –

(i) if the holder of the licence presents the licence to the Secretary; and

(ii) if the Secretary is satisfied that the old tag has been lost or destroyed; and

(iii) on payment of the prescribed fee.

(4)  The holder of a licence specified in subrule (1) must not use any fishing gear under that licence if the tag issued in respect of that fishing gear is lost or destroyed unless a buoy is attached to it and the buoy is clearly marked in accordance with subrule (3)(a) .

Penalty:  [Rule 61 Subrule (4) amended by S.R. 2008, No. 83, Applied:01 Aug 2008] Grade 2 penalty.

Division 2 - Non-commercial fishing gear

[Division 2 of Part 4 Heading amended by S.R. 2009, No. 121, Applied:01 Nov 2009]

62.   

[Rule 62 Subrule (1) amended by S.R. 2008, No. 83, Applied:01 Aug 2008] [Rule 62 Rescinded by S.R. 2009, No. 121, Applied:01 Nov 2009] .  .  .  .  .  .  .  .  

63.   Recreational mullet nets

A person must not set a mullet net on a seabed that –

(a) is reef; or

(b) is not predominantly sand.

Penalty:  [Rule 63 Amended by S.R. 2008, No. 83, Applied:01 Aug 2008] Grade 1 penalty.

64.   Use of gillnets on vessels

[Rule 64 Amended by S.R. 2008, No. 83, Applied:01 Aug 2008] [Rule 64 Substituted by S.R. 2009, No. 121, Applied:01 Nov 2009]

(1)  A person must not use a gillnet to take scalefish for non-commercial fishing unless the person is –

(a) an Aborigine engaged in an Aboriginal activity; or

(b) the holder of a fishing licence (recreational graball net); or

(c) the holder of a fishing licence (recreational mullet net).

Penalty:  Grade 3 penalty.

(2)  A person authorised under subrule (1) to take scalefish using a gillnet must not take scalefish using, at any one time, more gillnets than –

(a) one graball net; and

(b) one mullet net.

Penalty:  Grade 1 penalty.

(3)  A person carrying non-commercial gillnets on a vessel must ensure that, at any one time, no more than 3 non-commercial gillnets are carried on the vessel.

Penalty:  Grade 1 penalty.

65.   Use of cast net

(1)  A person must not use a cast net other than by casting, throwing or dropping the net by hand.

Penalty:  [Rule 65 Subrule (1) amended by S.R. 2008, No. 83, Applied:01 Aug 2008] Grade 2 penalty.

(2)  A person using a cast net must be in attendance at the net at all times the net is in use.

Penalty:  [Rule 65 Subrule (2) amended by S.R. 2008, No. 83, Applied:01 Aug 2008] Grade 2 penalty.

66.   Restrictions on use of fishing gear

(1)  [Rule 66 Subrule (1) amended by S.R. 2009, No. 121, Applied:01 Nov 2009] Unless otherwise authorised by a licence, a person must not take scalefish by non-commercial fishing using any fishing gear other than the following:

(a) lines that have no more than 5 hooks attached and are –

(i) attached to, or attached to something in, a vessel if the person is taking scalefish from the vessel; or

(ii) within 20 metres of the person if the person is not taking scalefish from a vessel;

(b) [Rule 66 Subrule (1) amended by S.R. 2009, No. 121, Applied:01 Nov 2009] .  .  .  .  .  .  .  .  

(c) one bait trap;

(d) one cast net;

(e) lines having up to 3 squid jigs on each line;

(f) one bait net;

(g) spears;

(h) landing nets;

(i) one dipnet.

Penalty:  [Rule 66 Subrule (1) amended by S.R. 2008, No. 83, Applied:01 Aug 2008] Grade 2 penalty.

(2)  [Rule 66 Subrule (2) omitted by S.R. 2009, No. 121, Applied:01 Nov 2009] .  .  .  .  .  .  .  .  

(3)  [Rule 66 Subrule (3) amended by S.R. 2008, No. 83, Applied:01 Aug 2008] [Rule 66 Subrule (3) omitted by S.R. 2009, No. 121, Applied:01 Nov 2009] .  .  .  .  .  .  .  .  

67.   

[Rule 67 Amended by S.R. 2008, No. 83, Applied:01 Aug 2008] [Rule 67 Rescinded by S.R. 2009, No. 121, Applied:01 Nov 2009] .  .  .  .  .  .  .  .  

68.   Use of set lines for non-commercial fishing

[Rule 68 Subrule (2) amended by S.R. 2008, No. 83, Applied:01 Aug 2008] [Rule 68 Substituted by S.R. 2009, No. 121, Applied:01 Nov 2009]

(1)  A person must not use a set line to take scalefish for non-commercial fishing unless the person is –

(a) the holder of a fishing licence (recreational set line); or

(b) an Aborigine engaged in an Aboriginal activity.

Penalty:  Grade 3 penalty.

(2)  A person carrying set lines on a vessel must ensure that, at any one time, no more than 4 set lines for non-commercial fishing are carried on the vessel.

Penalty:  Grade 1 penalty.

(3)  A person must not take scalefish for non-commercial fishing using more than one set line.

Penalty:  Grade 1 penalty.

(4)  A person must not take scalefish for non-commercial fishing using a set line that has more than 30 hooks.

Penalty:  Grade 1 penalty.

(5)  A person must not combine one of their set lines with the set line of another person and set it in the water unless –

(a) the set line is combined with the set line of no more than 3 other persons; and

(b) the water depth is more than 150 metres; and

(c) each of the other persons is the holder of a fishing licence (recreational set line) or an Aborigine engaged in an Aboriginal activity; and

(d) each of the other persons is present on the vessel when the combined set line is set and retrieved; and

(e) the total number of hooks on the combined set line is not more than 120; and

(f) a marker buoy for the combined set line is attached and marked in accordance with rule 60(3) .

Penalty:  Grade 1 penalty.

(6)  A person who has combined set lines under subrule (5) must not set another set line.

Penalty:  Grade 1 penalty.

(7)  A person using a longline for non-commercial fishing must ensure that a marker buoy is attached to each end of the longline.

Penalty:  Grade 2 penalty.

(8)  A person using a dropline for non-commercial fishing must ensure that a marker buoy is attached to the upper end of the dropline.

Penalty:  Grade 2 penalty.

(9)  For the purposes of this rule (other than subrule (5)(f) ) a marker buoy means a buoy that is attached and marked in accordance with rule 60(2) and –

(a) in the case of a buoy attached to a longline, with the letters "LL"; or

(b) in the case of a buoy attached to a dropline, with the letters "DL".

Division 3 - Limits on taking and possessing scalefish species

69.   Possession limits

[Rule 69 Subrule (1) amended by S.R. 2008, No. 83, Applied:01 Aug 2008] [Rule 69 Substituted by S.R. 2009, No. 121, Applied:01 Nov 2009]

(1)  This rule does not apply to a person who –

(a) is the holder of a commercial fishing licence and is fishing under the authority of that licence; or

(b) has a Commonwealth authority that authorises the possession of more of that species of scalefish than the limit specified in Schedule 4 and the person is fishing under that authority; or

(c) has proof that the fish were purchased.

(2)  Subject to subrules (4) , (5) and (6) , a person must not take, or be in possession of, more of a species or type of scalefish than the possession limit specified in column 3 of Schedule 4 for that species or type of scalefish.

Penalty:  Grade 2 penalty.

(3)  For the purposes of subrule (2) , possession includes fish kept at the principal residence of a person.

(4)  A person in State waters must not take, or be in possession of, more striped trumpeter than the possession limit specified for striped trumpeter in column 4 of Schedule 4 .

Penalty:  Grade 2 penalty.

(5)  A person in State waters must not take, or be in possession of, more blue-eye trevalla than the possession limit specified for blue-eye trevalla in column 4 of Schedule 4 .

Penalty:  Grade 2 penalty.

(6)  A person in south east waters, must not take, or be in possession of, more southern calamari than the possession limit specified for southern calamari in column 4 of Schedule 4 .

Penalty:  Grade 2 penalty.

(7)  For the purposes of this rule, 2 fillets of fish are equivalent to one fish.

69A.   Boat limits

[Rule 10 Amended by S.R. 2008, No. 83, Applied:01 Aug 2008]

(1)  The person in charge of a vessel must not be in possession of, or have on board the vessel, more of a species or type of scalefish than the boat limit specified in Schedule 4 for that species or type of scalefish.

Penalty:  Grade 2 penalty.

(2)  However, the person in charge of a vessel is not guilty of an offence under subrule (1) if the person, or another person on board the vessel –

(a) is the holder of a commercial fishing licence and the scalefish were taken under the authority of that licence; or

(b) has a Commonwealth authority that authorises the possession of more of that species or type of scalefish than the boat limit specified in Schedule 4 and the fish were taken under that authority; or

(c) has proof that the scalefish were purchased.

(3)  For the purposes of this rule, a person is taken to be in charge of a vessel if the person reasonably appears to a fisheries officer to be in charge of the vessel.

PART 5 - Taking and possessing shark

[Part 5 Substituted by S.R. 2009, No. 121, Applied:01 Nov 2009]

70.   Taking or possessing shark

[Rule 70 Amended by S.R. 2008, No. 83, Applied:01 Aug 2008] [Rule 70 Substituted by S.R. 2009, No. 121, Applied:01 Nov 2009]

(1)  A person, while on a fishing vessel in State waters, must not take, or be in possession of, more than 5 sharks (other than elephantfish) unless the person is the holder of an appropriate authority and is fishing under that authority.

Penalty:  Grade 3 penalty.

(2)  The holder of a scalefish licence must not, in State waters –

(a) take more than 100 kilograms of elephantfish in any one day; or

(b) be in possession of more than 100 kilograms of elephantfish at any one time.

Penalty:  Grade 3 penalty.

(3)  In this rule –

shark includes a shark carcass.

71.   Taking shark in shark refuge area

[Rule 71 Amended by S.R. 2008, No. 83, Applied:01 Aug 2008] [Rule 71 Substituted by S.R. 2009, No. 121, Applied:01 Nov 2009]

(1)  A person must not take a shark (other than an elephantfish) in a shark refuge area.

Penalty:  Grade 3 penalty.

(2)  The holder of a scalefish licence must not, in any one day, take more than 5 elephantfish in a shark refuge area.

Penalty:  Grade 3 penalty.

72.   Shark fins

[Rule 72 Amended by S.R. 2008, No. 83, Applied:01 Aug 2008] [Rule 72 Substituted by S.R. 2009, No. 121, Applied:01 Nov 2009]

(1)  Except as provided by subrule (2) , a person must not, in State waters, be in possession of a shark if the dorsal, pectoral and caudal fins of the shark are not attached to its body.

Penalty:  Grade 2 penalty.

(2)  A person may, in State waters, remove part of a caudal fin from a shark if it is removed at –

(a) the sub-terminal notch; or

(b) the tip of the tail.

(3)  A person must not, in State waters, be in possession of shark fins without the trunks or bodies from which they came.

Penalty:  Grade 3 penalty.

PART 5A - Octopus

[Part 5A Inserted by S.R. 2009, No. 121, Applied:01 Nov 2009]

72A.   Taking and possessing octopus

[Rule 72A Inserted by S.R. 2009, No. 121, Applied:01 Nov 2009]

(1)  A person must not, in State waters –

(a) take more than 100 kilograms of octopus in any one day; or

(b) be in possession of more than 100 kilograms of octopus at any one time –

unless the person is the holder of a fishing licence (octopus).

Penalty:  Grade 2 penalty.

(2)  A person must not, in any one day, take more than 5 octopuses in the waters of Eaglehawk Bay, east of the line of longitude through Manson Point, unless the person is the holder of a fishing licence (personal).

Penalty:  Grade 2 penalty.

(3)  A person must not, at any one time, be in possession of more than 5 octopuses in –

(a) the waters of Eaglehawk Bay, east of the line of longitude through Manson Point; or

(b) any land that is within 200 metres of the high-water mark of the waters of Eaglehawk Bay, east of the line of longitude through Manson Point –

unless the person is the holder of a fishing licence (personal).

Penalty:  Grade 2 penalty.

72B.   Authority of fishing licence (octopus)

[Rule 72B Inserted by S.R. 2009, No. 121, Applied:01 Nov 2009]

(1)  A fishing licence (octopus) authorises its holder to take octopus of the following species:

(a) Octopus pallidus;

(b) Octopus tetricus;

(c) Octopus maorum.

(2)  A fishing licence (octopus) authorises its holder to take octopus in the north-east octopus zone and north-west octopus zone.

(3)  Unless otherwise authorised by the Secretary, the holder of a fishing licence (octopus) must not use more than 10 000 octopus pots.

Penalty:  Grade 3 penalty.

(4)  The Secretary may, in writing, authorise the holder of a fishing licence (octopus) to use, for the purposes of scientific research, octopus pots additional to the number permitted under subrule (3) .

(5)  An authorisation under subrule (4) may be granted on such conditions as the Secretary considers appropriate.

(6)  The holder of a fishing licence (octopus) must, if granted an authorisation under subrule (4) , comply with the conditions of the authorisation.

Penalty:  Grade 1 penalty.

(7)  In this rule –

north-east octopus zone means all State waters east of the line of longitude 147º East and north of the line of latitude 41º South;

north-west octopus zone means all State waters west of the line of longitude 147º East and north of the line of latitude 41º South.

72C.   Setting or hauling octopus pots in respect of other licences

[Rule 72C Inserted by S.R. 2009, No. 121, Applied:01 Nov 2009] Unless otherwise authorised by the Secretary, the holder of a fishing licence (octopus) must not set or haul octopus pots in respect of another fishing licence (octopus).

Penalty:  Grade 2 penalty.

72D.   Using octopus pots

[Rule 72D Inserted by S.R. 2009, No. 121, Applied:01 Nov 2009]

(1)  Unless otherwise authorised by the Secretary, the holder of a fishing licence (octopus) must not use an octopus pot that is baited.

Penalty:  Grade 1 penalty.

(2)  Unless otherwise authorised by the Secretary, the holder of a fishing licence (octopus) must not use an octopus pot with a door.

Penalty:  Grade 1 penalty.

(3)  The holder of a fishing licence (octopus) must not use more than 1 000 octopus pots per line.

Penalty:  Grade 2 penalty.

(4)  Unless otherwise authorised by the Secretary, the holder of a fishing licence (octopus) must not use an octopus pot to take fish of any species or type other than octopus.

Penalty:  Grade 2 penalty.

(5)  In this rule –

door, in respect of an octopus pot, means a flap or other device that would restrict an octopus from escaping from the octopus pot.

72E.   Setting octopus pots

[Rule 72E Inserted by S.R. 2009, No. 121, Applied:01 Nov 2009] The holder of a fishing licence (octopus) must not set an octopus pot unless –

(a) the octopus pot is attached to a longline; and

(b) each end of the longline is marked with a surface marker buoy; and

(c) each of the surface marker buoys is clearly and legibly marked with –

(i) the distinguishing mark of the fishing vessel for which the octopus pot is used; and

(ii) the letters "OP".

Penalty:  Grade 1 penalty.

72F.   Restricted areas

[Rule 72F Inserted by S.R. 2009, No. 121, Applied:01 Nov 2009] The holder of a fishing licence (octopus) must not use an octopus pot in, or take an octopus from –

(a) the waters in the north-west region specified in Part 1 of Schedule 5 ; or

(b) the waters in the north-east region specified in Part 2 of Schedule 5 ; or

(c) a shark refuge area.

Penalty:  Grade 3 penalty.

72G.   Grant of fishing licence (octopus)

[Rule 72G Inserted by S.R. 2009, No. 121, Applied:01 Nov 2009] Schedule 13 has effect with respect to the granting of a fishing licence (octopus).

PART 6 - Use of commercial and non-commercial fishing gear

[Part 6 Heading amended by S.R. 2009, No. 121, Applied:01 Nov 2009]

73AA.   Setting of gillnets generally

[Rule 10 Amended by S.R. 2009, No. 121, Applied:01 Nov 2009]

(1)  A person must not, in State waters other than a shark refuge area, set or leave a gillnet for a continuous period of more than 6 hours.

Penalty:  Grade 2 penalty.

(2)  A person must not, in a shark refuge area, set or leave –

(a) a non-commercial gillnet for a continuous period of more than 2 hours; or

(b) a commercial gillnet for a continuous period of more than 6 hours.

Penalty:  Grade 2 penalty.

(3)  Subrules (1) and (2) do not apply to a person who sets or leaves a gillnet in accordance with rule 73(3)(a) , (b) , (c) or (d) .

73.   Setting of gillnets during night

[Rule 73 Subrule (1) amended by S.R. 2008, No. 83, Applied:01 Aug 2008] [Rule 73 Subrule (1) amended by No. 17 of 1996, Applied:01 Nov 2004] [Rule 73 Subrule (1) amended by S.R. 2008, No. 83, Applied:01 Aug 2008] [Rule 73 Subrule (2) amended by No. 17 of 1996, Applied:01 Nov 2004] [Rule 73 Subrule (2) amended by S.R. 2008, No. 83, Applied:01 Aug 2008] [Rule 73 Substituted by S.R. 2009, No. 121, Applied:01 Nov 2009]

(1)  This rule does not apply to gillnets that are shark nets.

(2)  A person must not set or leave a gillnet in State waters between –

(a) one hour after sunset; and

(b) one hour before sunrise.

Penalty:   Grade 2 penalty.

(3)  Subrule (2) does not apply to –

(a) the setting or leaving of a commercial gillnet in the waters of Macquarie Harbour; or

(b) the setting or leaving of a non-commercial gillnet, marked with a buoy in accordance with subrule (4) , in the waters of Macquarie Harbour; or

(c) the holder of a fishing licence (personal) that is endorsed to permit the setting of unattended graball nets or small-mesh gillnets in the waters of the north coast of Tasmania bounded –

(i) in the west by a line of latitude through Cape Grim; and

(ii) in the east by a line of latitude through Cape Naturaliste; or

(d) the setting or leaving of a commercial gillnet as authorised under a scalefish licence if the nets are attended by the holder of the scalefish licence.

(4)  For the purposes of subrule (3)(b) , the non-commercial gillnet must be marked with a buoy that –

(a) is spherical in shape; and

(b) is red; and

(c) has a diameter of 90 millimetres or more at its narrowest point; and

(d) floats on the surface of the water.

Penalty:  Grade 2 penalty.

(5)  A non-commercial gillnet that is marked with a buoy in accordance with subrule (4) must not be set or left in the waters of Macquarie Harbour between –

(a) 2 hours after sunrise; and

(b) 2 hours before sunset.

Penalty:  Grade 2 penalty.

74.   

[Rule 74 Amended by S.R. 2008, No. 83, Applied:01 Aug 2008] [Rule 74 Rescinded by S.R. 2009, No. 121, Applied:01 Nov 2009] .  .  .  .  .  .  .  .  

75.   Fish caught in rock lobster pot, rock lobster ring or giant crab trap

[Rule 75 Amended by S.R. 2008, No. 83, Applied:01 Aug 2008] [Rule 75 Amended by S.R. 2009, No. 121, Applied:01 Nov 2009] A person may take or be in possession of scalefish caught in a rock lobster ring, rock lobster pot or giant crab trap under the authority of –

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

(b) [Rule 75 Amended by S.R. 2008, No. 83, Applied:01 Aug 2008] a fishing licence (recreational rock lobster pot); or

(c) [Rule 75 Amended by S.R. 2008, No. 83, Applied:01 Aug 2008] [Rule 75 Amended by S.R. 2009, No. 121, Applied:01 Nov 2009] a fishing licence (giant crab); or

(d) [Rule 75 Amended by S.R. 2009, No. 121, Applied:01 Nov 2009] a fishing licence (recreational rock lobster ring).

76.   Seine nets

A person who uses a seine net –

(a) must empty the net of scalefish while the net is in the water; and

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

Penalty:  [Rule 76 Amended by S.R. 2008, No. 83, Applied:01 Aug 2008] Grade 2 penalty.

77.   Weight of nets

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

(a) is weighted at each end with a weight that –

(i) is made of metal, concrete or a similar material; and

(ii) weighs at least 2 kilograms; and

(iii) is tied to the bottom line of the net; or

(b) is weighted at one end only with a weight that –

(i) is made of metal, concrete or a similar material; and

(ii) weighs at least 4 kilograms; and

(iii) 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:  [Rule 77 Amended by S.R. 2008, No. 83, Applied:01 Aug 2008] Grade 1 penalty.

78.   Automatic hook-baiting and hook-setting gear

(1)  In this rule –

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

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

Penalty:  [Rule 78 Subrule (2) amended by S.R. 2008, No. 83, Applied:01 Aug 2008] Grade 2 penalty.

(3)  [Rule 78 Subrule (3) amended by S.R. 2009, No. 121, Applied:01 Nov 2009] A person must not be in possession of automatic hook-baiting and hook-setting gear in State waters unless the person –

(a) [Rule 78 Subrule (3) amended by S.R. 2009, No. 121, Applied:01 Nov 2009] has a Commonwealth authority that authorises the use of automatic hook-baiting and hook-setting gear and is fishing under that authority; or

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

Penalty:  [Rule 78 Subrule (3) amended by S.R. 2008, No. 83, Applied:01 Aug 2008] Grade 2 penalty.

79.   Fish traps

[Rule 79 Amended by S.R. 2009, No. 121, Applied:01 Nov 2009] A person must not use or be in possession of a trap in State waters that is not a fish trap or a bait trap.

Penalty:  [Rule 79 Amended by S.R. 2008, No. 83, Applied:01 Aug 2008] Grade 2 penalty.

80.   Fish nets

(1)  [Rule 80 Subrule (1) amended by S.R. 2009, No. 121, Applied:01 Nov 2009] A person must not use or be in possession of a net in State waters for the purpose of, or in connection with, taking scalefish.

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

(a) a gillnet;

(b) a beach seine net;

(c) a bait net;

(d) a landing net;

(e) a lampara net;

(f) a purse seine net;

(g) a cast net;

(h) a trawl net;

(i) a dipnet.

Penalty:  [Rule 80 Subrule (2) amended by S.R. 2008, No. 83, Applied:01 Aug 2008] Grade 2 penalty.

PART 7 - Gear Marking

81.   Commercial and recreational gear marking buoys

(1)  The holder of a fishing licence (vessel) must ensure that the distinguishing mark is marked legibly and clearly on the main buoy attached to the hauling line of every fish trap and fish cauf used in connection with the fishing vessel.

Penalty:  [Rule 81 Subrule (1) amended by S.R. 2008, No. 83, Applied:01 Aug 2008] Grade 1 penalty.

(2)  The holder of a fishing licence (vessel) must attach to a fish trap used in connection with the fishing vessel, in addition to the main buoy, a buoy marked with the letters "F.T." by attaching it to the hauling line of that fish trap within one metre of the main buoy.

Penalty:  [Rule 81 Subrule (2) amended by S.R. 2008, No. 83, Applied:01 Aug 2008] Grade 1 penalty.

(3)  A distinguishing mark made for the purposes of subrule (1) , or a mark made for the purposes of subrule (2) , must be not less than 70 millimetres in height and not less than 12 millimetres in width.

(4)  The holder of a fishing licence (vessel) must ensure –

(a) that the distinguishing mark made for the purposes of subrule (1) , or the mark made for the purposes of subrule (2) , remain legible and clear; and

(b) that the buoys bear only that distinguishing mark or mark.

Penalty:  [Rule 81 Subrule (4) amended by S.R. 2008, No. 83, Applied:01 Aug 2008] Grade 1 penalty.

82.   Marking buoys used on commercial gillnets

(1)  The holder of a fishing licence that authorises the use of a small-mesh gillnet, shark net or graball net must not use that net unless the 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:  [Rule 82 Subrule (1) amended by S.R. 2008, No. 83, Applied:01 Aug 2008] [Rule 82 Subrule (1) amended by S.R. 2009, No. 121, Applied:01 Nov 2009] Grade 2 penalty.

(2)  A person using a net under subrule (1) for commercial purposes must ensure that a buoy marked under that subrule bears only the distinguishing mark referred to in that subrule.

Penalty:  [Rule 82 Subrule (2) amended by S.R. 2008, No. 83, Applied:01 Aug 2008] [Rule 82 Subrule (2) amended by S.R. 2009, No. 121, Applied:01 Nov 2009] Grade 2 penalty.

(3)  A person using a graball net for commercial purposes must ensure that –

(a) if the net is used –

(i) in any shark refuge area, 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

(ii) in any other waters, it is marked by a white marker buoy and a red, orange or pink marker buoy; and

(b) at least one marker buoy on the net is –

(i) not less than 195 millimetres in diameter at its narrowest point; and

(ii) marked in accordance with subrule (1) ; and

(iii) [Rule 82 Subrule (3) amended by S.R. 2009, No. 121, Applied:01 Nov 2009] designed specifically as a buoy.

Penalty:  [Rule 82 Subrule (3) amended by S.R. 2008, No. 83, Applied:01 Aug 2008] Grade 1 penalty.

83.   Marking buoys used on non-commercial gillnets

[Rule 83 Amended by S.R. 2009, No. 121, Applied:01 Nov 2009] A person using a non-commercial gillnet must ensure that –

(a) the net is marked with 2 white buoys that are attached to the gillnet; and

(b) when set, the gillnet is in the water and the buoys float on the surface.

Penalty:  [Rule 83 Amended by S.R. 2008, No. 83, Applied:01 Aug 2008] Grade 2 penalty.

84.   Nature of buoys

(1)  A person must not set or use any net that is required under these rules to be marked with a buoy unless the buoy –

(a) has a diameter of not less than 195 millimetres at its narrowest point; and

(b) is specifically designed as a buoy.

Penalty:  [Rule 84 Subrule (1) amended by S.R. 2008, No. 83, Applied:01 Aug 2008] Grade 1 penalty.

(2)  [Rule 84 Subrule (2) substituted by S.R. 2009, No. 121, Applied:01 Nov 2009] Subrule (1) does not apply to –

(a) the holder of a fishing licence (banded morwong); or

(b) a buoy that is used for marking a non-commercial gillnet for the purposes of rule 73(3)(b) .

(3)  The holder of a fishing licence (banded morwong) using graball nets to take banded morwong in accordance with the licence may use marker buoys –

(a) that float on the surface of the water; and

(b) that are any colour; and

(c) that are any shape.

PART 8 - Prohibited and Restricted use of Fishing Gear

Division 1 - Lines

85.   Prohibited use of set lines

[Rule 85 Amended by S.R. 2009, No. 121, Applied:01 Nov 2009] A person must not set or use a set line in –

(a) any of the waters in the north-west region specified in Part 1 of Schedule 5 ; or

(b) any of the waters in the north-east region specified in Part 2 of Schedule 5 ; or

(c) any of the waters in the southern region specified in Part 3 of Schedule 5 ; or

(d) any shark refuge area.

Penalty:  [Rule 85 Amended by S.R. 2008, No. 83, Applied:01 Aug 2008] Grade 2 penalty.

Division 2 - Nets

86.   Prohibited use of nets other than landing nets

(1)  A person must not set, or use, a gillnet, seine net, bait net, cast net or any other net that is not a landing net in –

(a) any of the waters in the north-west region specified in Part 1 of Schedule 5 ; or

(b) any of the waters in the north-east region specified in Part 2 of Schedule 5 ; or

(c) any of the waters in the southern region specified in Part 3 of Schedule 5 ; or

(d) the waters of the River Derwent that are upstream of an imaginary line from the boat ramp at Crayfish Point to Droughty Point.

Penalty:  [Rule 86 Subrule (1) amended by S.R. 2008, No. 83, Applied:01 Aug 2008] Grade 2 penalty.

(2)  A person must not set or use a gillnet, seine net, bait net, cast net or any other net that is not a landing net in the following waters unless the person is the holder of a fishing licence (personal) endorsed for the use of that net in those waters:

(a) River Mersey waters;

(b) Forth River;

(c) River Leven waters;

(d) River Tamar waters upstream of an imaginary line from the northern extremity of Garden Island to the George Town Monument;

(da) [Rule 86 Subrule (2) amended by No. 17 of 1996, Applied:22 Dec 2004] River Tamar waters downstream of a line from the northern extremity of Garden Island to the George Town Monument;

(e) Port Sorell and its tributaries south of the line of latitude that goes through the northern end of Dells Point, known as The Tongue.

Penalty:  [Rule 86 Subrule (2) amended by S.R. 2008, No. 83, Applied:01 Aug 2008] Grade 2 penalty.

(3)  [Rule 10 Amended by S.R. 2008, No. 83, Applied:01 Aug 2008] Nothing in subrule (2) prevents a person who is qualified in accordance with rule 89(1)(a) or (b) from using a gillnet in the waters specified in paragraph (da) of subrule (2) .

87.   Prohibited use of nets other than bait nets and landing nets

A person must not set or use a gillnet, seine net, cast net or any other net that is not a bait net or landing net in –

(a) Ansons Bay; or

(b) Moulting Lagoon; or

(c) King Bay; or

(d) Pelican Bay; or

(e) [Rule 87 Amended by S.R. 2008, No. 83, Applied:01 Aug 2008] the waters enclosed north of an imaginary straight line extending from Point Bagot to the first point of land due east of Point Bagot.

Penalty:  [Rule 87 Amended by S.R. 2008, No. 83, Applied:01 Aug 2008] Grade 2 penalty.

88.   Prohibited use of mullet nets

A person must not set or use a mullet net in –

(a) a shark refuge area; or

(b) Bathurst Harbour east of an imaginary line from Turnbull Head to Milner Head; or

(c) Macquarie Harbour; or

(d) Robbins Passage; or

(e) Recherche Bay west of an imaginary line from Sullivan Point to the navigation light on Fishers Point; or

(f) the waters within 200 metres of the mouth of the Scamander River; or

(g) Southport west of an imaginary line from Southport Bluff to Burnett Point.

Penalty:  [Rule 88 Amended by S.R. 2008, No. 83, Applied:01 Aug 2008] Grade 2 penalty.

89.   Prohibited use of gillnets

(1)  A person must not set or use a gillnet in a shark refuge area unless  –

(a) the person –

(i) is the holder of a fishing licence (personal) that is endorsed under rule 21 for the use of gillnet in that shark refuge area; and

(ii) is acting in accordance with that endorsement; or

(b) the person is a person specified in Schedule 6 .

Penalty:  [Rule 89 Subrule (1) amended by S.R. 2008, No. 83, Applied:01 Aug 2008] Grade 2 penalty.

(2)  [Rule 89 Subrule (2) amended by S.R. 2008, No. 83, Applied:01 Aug 2008] A person must not set or use a gillnet in –

(a) Eaglehawk Bay; or

(b) Georges Bay; or

(c) the waters of Great Oyster Bay north of an imaginary line from Waterloo Point at Swansea to The Fisheries at Coles Bay; or

(d) Robbins Passage; or

(e) waters within 200 metres of the mouth of the Scamander River; or

(f) The Narrows at Southport bounded in the east by an imaginary line from Martins Point at the end of Deephole Bay; or

(g) waters within 100 metres of Stringers Cove at Dover.

Penalty:  [Rule 89 Subrule (2) amended by S.R. 2008, No. 83, Applied:01 Aug 2008] Grade 2 penalty.

90.   Prohibited use of beach seine net

(1)  [Rule 90 Subrule (1) amended by S.R. 2008, No. 83, Applied:01 Aug 2008] A person who holds a commercial fishing licence must not set or use a beach seine net in any of the following waters unless the person is also the holder of a fishing licence (personal) which is endorsed for the use of that net in those waters:

(a) [Rule 90 Subrule (1) amended by S.R. 2008, No. 83, Applied:01 Aug 2008] Port Sorell;

(b) the waters between Hawley near Devonport and North Point at Stanley.

Penalty:  [Rule 90 Subrule (1) amended by S.R. 2008, No. 83, Applied:01 Aug 2008] Grade 2 penalty.

(2)  A person must not take Australian salmon with an encircling net within one nautical mile of the low-water mark in the area between Point Sorell at Hawley near Devonport and North Point at Stanley unless the net –

(a) is a beach seine net; and

(b) is hauled from land or a beach.

Penalty:  [Rule 90 Subrule (2) amended by S.R. 2008, No. 83, Applied:01 Aug 2008] Grade 2 penalty.

(3)  The holder of a fishing licence (personal) must not take Australian salmon with a beach seine net in the waters between Point Sorell at Hawley near Devonport and North Point at Stanley unless the licence is endorsed to take Australian salmon with a beach seine net in those waters.

Penalty:  [Rule 90 Subrule (3) amended by S.R. 2008, No. 83, Applied:01 Aug 2008] Grade 2 penalty.

90A.   Prohibited use of purse seine and beach seine nets

[Rule 10 Amended by S.R. 2008, No. 83, Applied:01 Aug 2008] A person must not set, or use, a purse seine net or beach seine net in the following waters:

(a) Coles Bay east of an imaginary straight line from Hepburn Point running approximately south-east to the western boundary of The Fisheries;

(b) Promise Bay in the area of water east of an imaginary straight line running from Fleurieu Point approximately south in the direction of Weatherhead Point as far as the point of intersection with an imaginary straight line running due west from Regleeta Creek.

Penalty:  Grade 2 penalty.

91.   Use of small-mesh gillnets

(1)  [Rule 91 Subrule (1) substituted by S.R. 2008, No. 83, Applied:01 Aug 2008] A person must not use a small-mesh gillnet in the following areas of State waters:

(a) all waters off the west coast of Tasmania, south of an imaginary straight line starting at Cape Grim and running due west;

(b) all waters off the east coast of Tasmania, south of an imaginary straight line starting at Cape Naturaliste and running due east;

(c) all waters off the south coast of Tasmania.

Penalty:  Grade 2 penalty.

(2)  A person must not use a small-mesh gillnet in a shark refuge area unless the person is the holder of a fishing licence (personal) that is endorsed to use small-mesh gillnet in that area.

Penalty:  [Rule 91 Subrule (2) amended by S.R. 2008, No. 83, Applied:01 Aug 2008] Grade 2 penalty.

(3)  The holder of both a fishing licence (small-mesh gillnet) and a scalefish licence must not carry on a fishing vessel or use small-mesh gillnet and graball net if the combined length of the nets exceeds the greater of the following lengths –

(a) the length of graball net authorised to be used; or

(b) the length of small-mesh gillnet authorised to be used.

Penalty:  [Rule 91 Subrule (3) amended by S.R. 2008, No. 83, Applied:01 Aug 2008] Grade 2 penalty.

(4)  If the holder of both a fishing licence (small-mesh gillnet) and a fishing licence (personal) that is endorsed for the use of small-mesh gillnet in a shark refuge area intends to transfer the fishing licence (small-mesh gillnet), the holder must relinquish any endorsement on the fishing licence (personal) for the use of gillnet in that shark refuge area at the time of the transfer.

Penalty:  [Rule 91 Subrule (4) amended by S.R. 2008, No. 83, Applied:01 Aug 2008] Grade 2 penalty.

91A.   Restriction on commercial use of landing nets

[Rule 91A Inserted by S.R. 2007, No. 1, Applied:24 Jan 2007] In taking scalefish under the authority of a commercial fishing licence, a person must not use a landing net except to land the fish.

Penalty:  Grade 2 penalty.

Division 3 - Traps

92.   Prohibited use of traps

A person must not set or use a trap in –

(a) any of the waters in the north-west region specified in Part 1 of Schedule 5 ; or

(b) any of the waters in the north-east region specified in Part 2 of Schedule 5 ; or

(c) any of the waters in the southern region specified in Part 3 of Schedule 5 ; or

(d) the waters of the River Derwent; or

(e) the waters of the D'Entrecasteaux Channel; or

(f) Ansons Bay; or

(g) Moulting Lagoon; or

(h) King Bay; or

(i) Pelican Bay; or

(j) [Rule 92 Amended by S.R. 2008, No. 83, Applied:01 Aug 2008] the waters enclosed north of an imaginary straight line extending from Point Bagot to the first point of land due east of Point Bagot.

Penalty:  [Rule 92 Amended by S.R. 2008, No. 83, Applied:01 Aug 2008] Grade 2 penalty.

Division 4 - Spears

93.   Prohibited use of spears

A person must not use a spear to take scalefish in any of the following waters:

(a) River Mersey waters;

(b) River Leven waters;

(c) Inglis River waters.

Penalty:  [Rule 93 Amended by S.R. 2008, No. 83, Applied:01 Aug 2008] Grade 2 penalty.

93A.   Taking certain fish with spears

[Rule 10 Amended by S.R. 2009, No. 121, Applied:01 Nov 2009] A person must not, in State waters, use a spear to take bream or boarfish.

Penalty:  Grade 2 penalty.

PART 9 - Catch and by-catch limits

94.   Limits on taking or possessing certain scalefish

(1)  The holder of a fishing licence (personal) who is not operating in accordance with a Commonwealth authority must not –

(a) [Rule 94 Subrule (1) amended by S.R. 2009, No. 121, Applied:01 Nov 2009] take, or be in possession of, more than 200 kilograms of any species or type of scalefish covered under the Commonwealth Act, other than the species specified in paragraph (c) ; or

(b) [Rule 94 Subrule (1) amended by S.R. 2009, No. 121, Applied:01 Nov 2009] take, or be in possession of, more than the following amounts of scalefish:

(i) 10 fish or 40 kilograms, whichever is greater in weight, in total of albacore tuna (Thunnus alalunga), skipjack tuna (Katsuwonus pelamis), longtail tuna (Thunnus tongol) and Rays bream (family Bramidae) (pomfret);

(ii) 2 fish in total of bigeye tuna and yellowfin tuna (Thunnus albacares);

(iii) 50 kilograms in total of hapuku (Polyprion oxygeneios), bass (Polyprion americanus) and bass groper (Polyprion moene);

(iv) 50 kilograms of blue-eye trevalla;

(v) 100 kilograms of blue grenadier (Macruronus novaezelandiae);

(vi) 50 kilograms of gemfish (Rexea solandri);

(vii) 50 kilograms of redfish (Centroberyx affinis); or

(c) [Rule 94 Subrule (1) amended by S.R. 2009, No. 121, Applied:01 Nov 2009] take, or be in possession of, the following fish:

(i) orange roughy (Hoplostethus atlanticus);

(ii) [Rule 94 Subrule (1) amended by S.R. 2009, No. 121, Applied:01 Nov 2009] deepwater flathead (Neoplatycephalus conatus);

(iii) king dory (Cyttus traversi);

(iv) [Rule 94 Subrule (1) amended by S.R. 2009, No. 121, Applied:01 Nov 2009] black oreodory (Allocyttus niger);

(v) [Rule 94 Subrule (1) amended by S.R. 2009, No. 121, Applied:01 Nov 2009] spiky oreodory (Neocyttus rhomboidalis);

(vi) [Rule 94 Subrule (1) amended by S.R. 2009, No. 121, Applied:01 Nov 2009] smooth oreodory (Pseudocyttus maculatus);

(vii) [Rule 94 Subrule (1) amended by S.R. 2009, No. 121, Applied:01 Nov 2009] warty oreodory (Allocyttus verrucosus);

(viii) [Rule 94 Subrule (1) amended by S.R. 2009, No. 121, Applied:01 Nov 2009] ox-eye oreodory (Oreosoma atlanticum);

(ix) [Rule 94 Subrule (1) amended by S.R. 2009, No. 121, Applied:01 Nov 2009] yelloweye redfish (Centroberyx australis);

(x) southern bluefin tuna;

(xi) northern bluefin tuna (Thunnus thynnus);

(xii) billfish (families Istiophoridae and Xiphiidae).

Penalty:  [Rule 94 Subrule (1) amended by S.R. 2008, No. 83, Applied:01 Aug 2008] Grade 2 penalty.

(2)  Subrule (1) does not apply to the holder of a fishing licence (rock lobster).

(3)  [Rule 94 Subrule (3) amended by S.R. 2009, No. 121, Applied:01 Nov 2009] A person who is the holder of a fishing licence (rock lobster) when operating under the authority of that licence must not use more than the following fishing gear to take fish of the superclass Pisces:

(a) graball net, the total headline length of which is not more than 150 metres;

(b) 2 fish traps;

(c) trolling lines;

(d) one of the following:

(i) one demersal longline not more than 1 000 metres in length with not more than 200 snoods and hooks attached or capable of being attached;

(ii) 2 droplines to which no more than 200 snoods and hooks are attached or capable of being attached.

Penalty:  [Rule 94 Subrule (3) amended by S.R. 2008, No. 83, Applied:01 Aug 2008] Grade 2 penalty.

(4)  [Rule 94 Subrule (4) amended by S.R. 2008, No. 83, Applied:01 Aug 2008] The holder of a fishing licence (rock lobster), when fishing under the authority of that licence, must not –

(a) [Rule 94 Subrule (4) amended by S.R. 2009, No. 121, Applied:01 Nov 2009] take, or be in possession of, more than the following amounts of scalefish:

(i) 10 fish or 40 kilograms, whichever is greater in weight, in total of albacore tuna, skipjack tuna, longtail tuna and Rays bream;

(ii) 100 kilograms of blue-eye trevalla;

(iii) [Rule 94 Subrule (4) amended by S.R. 2009, No. 121, Applied:01 Nov 2009] 200 kilograms of pink ling (Genypterus blacodes);

(iv) 50 kilograms of gemfish;

(iva) [Rule 94 Subrule (4) amended by S.R. 2009, No. 121, Applied:01 Nov 2009] 50 kilograms of inshore crab;

(v) 20 kilograms of garfish;

(vi) 30 fish of bastard trumpeter;

(vii) 30 fish of flathead;

(viii) [Rule 94 Subrule (4) amended by S.R. 2009, No. 121, Applied:01 Nov 2009] 15 fish of southern calamari;

(ix) [Rule 94 Subrule (4) amended by S.R. 2009, No. 121, Applied:01 Nov 2009] 60 fish of blue warehou;

(x) 60 fish of jackass morwong; or

(b) [Rule 94 Subrule (4) amended by S.R. 2009, No. 121, Applied:01 Nov 2009] take, or be in possession of, the following scalefish:

(i) bigeye tuna;

(ii) billfish;

(iii) northern bluefin tuna;

(iv) orange roughy;

(v) southern bluefin tuna;

(vi) yellowfin tuna;

(vii) [Rule 94 Subrule (4) amended by S.R. 2009, No. 121, Applied:01 Nov 2009] yelloweye redfish; or

(c) land or unload more than –

(i) 150 kilograms of Australian salmon; or

(ii) 30 kilograms of wrasse.

Penalty:  [Rule 94 Subrule (4) amended by S.R. 2008, No. 83, Applied:01 Aug 2008] Grade 2 penalty.

(5)  [Rule 94 Subrule (5) amended by S.R. 2009, No. 121, Applied:01 Nov 2009] A person who holds a Commonwealth authority to take a species of fish for which a Commonwealth quota applies, or which authorises the taking of that species if the person holds a quota for that species, must not take, or be in possession of, any fish of that species other than in accordance with that authority.

Penalty:  [Rule 94 Subrule (5) amended by S.R. 2008, No. 83, Applied:01 Aug 2008] Grade 2 penalty.

(6)  [Rule 94 Subrule (6) amended by S.R. 2009, No. 121, Applied:01 Nov 2009] The holder of a fishing licence (personal) must not, in State waters, take, or be in possession of, more than 250 kilograms in total of all of the following fish:

(a) striped trumpeter;

(b) snapper;

(c) yellowtail kingfish.

Penalty:  [Rule 94 Subrule (6) amended by S.R. 2008, No. 83, Applied:01 Aug 2008] Grade 3 penalty.

(7)  [Rule 10 Amended by S.R. 2009, No. 121, Applied:01 Nov 2009] The holder of a fishing licence (personal) must not, in State waters –

(a) take more than 200 kilograms of bastard trumpeter in any one day; or

(b) be in possession of more than 200 kilograms of bastard trumpeter at any one time.

Penalty:  Grade 2 penalty.

95.   Limits on possessing boarfish

[Rule 95 Amended by S.R. 2008, No. 83, Applied:01 Aug 2008] [Rule 95 Amended by S.R. 2009, No. 121, Applied:01 Nov 2009] The holder of a fishing licence (personal) must not, in State waters, take or be in possession of more than 50 kilograms of boarfish.

Penalty:  [Rule 95 Amended by S.R. 2008, No. 83, Applied:01 Aug 2008] Grade 3 penalty.

95A.   Limits on taking and possessing inshore crab

[Rule 10 Amended by S.R. 2009, No. 121, Applied:01 Nov 2009] The holder of a fishing licence (scalefish A), fishing licence (scalefish B) or fishing licence (scalefish C) must not, in State waters –

(a) take more than 25 inshore crabs in any one day; or

(b) be in possession of more than 25 inshore crabs at any one time.

Penalty:  Grade 2 penalty.

96.   Limits on holder of appropriate authority

(1)  [Rule 96 Subrule (1) amended by S.R. 2009, No. 121, Applied:01 Nov 2009] The holder of an appropriate authority who does not hold a scalefish licence and who is in possession of, or uses, shark nets or hooks in State waters must not take, or be in possession of –

(a) more than 200 kilograms in total of any scalefish other than the scalefish specified in paragraph (b) ; or

(b) more than 250 kilograms in total of the following scalefish:

(i) striped trumpeter;

(ii) snapper;

(iii) yellowtail kingfish; or

(c) more than the following weight of the following scalefish:

(i) 20 kilograms of bastard trumpeter;

(ii) 50 kilograms of blue groper (Achoerodus gouldii);

(iii) [Rule 96 Subrule (1) amended by S.R. 2009, No. 121, Applied:01 Nov 2009] 50 kilograms of bight redfish (Centroberyx gerrardi).

Penalty:  [Rule 96 Subrule (1) amended by S.R. 2008, No. 83, Applied:01 Aug 2008] Grade 3 penalty.

(2)  [Rule 96 Subrule (2) amended by S.R. 2009, No. 121, Applied:01 Nov 2009] The holder of an appropriate authority who does not hold a scalefish licence and who is in possession of, or uses, shark nets or hooks in State waters must not take, or be in possession of, scalefish of the following species or type:

(a) Australian anchovy;

(b) Australian salmon or tommy ruff of the genus Arripis;

(c) banded morwong;

(d) black bream (Acanthopagrus butcheri);

(e) blue sprat;

(f) dusky morwong (Dactylophora nigricans);

(g) garfish;

(h) grassy (rock) flathead (Platycephalus laevigatus);

(i) [Rule 96 Subrule (2) amended by S.R. 2009, No. 121, Applied:01 Nov 2009] king gar;

(j) King George whiting (Sillaginodes punctata);

(k) luderick (Girrella tricuspidata);

(l) magpie morwong (Cheilodactylus nigripes);

(m) mulloway (Argyrosomus hololepidotus);

(n) [Rule 96 Subrule (2) amended by S.R. 2009, No. 121, Applied:01 Nov 2009] Australian sardine;

(o) red mullet (Upeneichthys vlamingii);

(p) sea sweep (Scorpis aequipinnis);

(q) snook (Sphyraena novaehollandiae);

(r) [Rule 96 Subrule (2) amended by S.R. 2009, No. 121, Applied:01 Nov 2009] Australian sprat;

(s) wrasse;

(t) yelloweye mullet (Aldrichetta forsteri);

(u) yellowfinned whiting (Sillago schomburgkii).

Penalty:  [Rule 96 Subrule (2) amended by S.R. 2008, No. 83, Applied:01 Aug 2008] Grade 3 penalty.

97.   Limits on holder of appropriate authority and scalefish licence

(1)  [Rule 97 Subrule (1) amended by S.R. 2009, No. 121, Applied:01 Nov 2009] The holder of both an appropriate authority and a scalefish licence who is in possession of, or uses, more than 1 800 metres of shark net or is in possession of more than 1 000 hooks in State waters must not –

(a) [Rule 97 Subrule (1) amended by S.R. 2009, No. 121, Applied:01 Nov 2009] take, or be in possession of, more than 200 kilograms in total of any scalefish other than the scalefish specified in paragraph (b) ; or

(b) [Rule 97 Subrule (1) amended by S.R. 2009, No. 121, Applied:01 Nov 2009] take, or be in possession of, more than 250 kilograms in total of the following scalefish:

(i) striped trumpeter;

(ii) snapper;

(iii) yellowtail kingfish; or

(c) [Rule 97 Subrule (1) amended by S.R. 2009, No. 121, Applied:01 Nov 2009] take, or be in possession of, more than the following weight of the following scalefish:

(i) 20 kilograms of bastard trumpeter;

(ii) 50 kilograms of blue groper (Achoerodus gouldii);

(iii) [Rule 97 Subrule (1) amended by S.R. 2009, No. 121, Applied:01 Nov 2009] 50 kilograms of bight redfish (Centroberyx gerrardi).

Penalty:  [Rule 97 Subrule (1) amended by S.R. 2008, No. 83, Applied:01 Aug 2008] Grade 3 penalty.

(2)  [Rule 97 Subrule (2) amended by S.R. 2009, No. 121, Applied:01 Nov 2009] The holder of both an appropriate authority and a scalefish licence who is in possession of, or uses, more than 1 800 metres of shark net or is in possession of more than 1 000 hooks in State waters must not take, or be in possession of, scalefish of the following species or type:

(a) Australian anchovy;

(b) Australian salmon or tommy ruff of the genus Arripis;

(c) banded morwong;

(d) black bream (Acanthopagrus butcheri);

(e) blue sprat;

(f) dusky morwong (Dactylophora nigricans);

(g) garfish (Hyporhamphus melanochir);

(h) grassy (rock) flathead (Platycephalus laevigatus);

(i) [Rule 97 Subrule (2) amended by S.R. 2009, No. 121, Applied:01 Nov 2009] king gar;

(j) King George whiting (Sillaginodes punctata);

(k) luderick (Girrella tricuspidata);

(l) magpie morwong (Cheilodactylus nigripes);

(m) mulloway (Argyrosomus hololepidotus);

(n) [Rule 97 Subrule (2) amended by S.R. 2009, No. 121, Applied:01 Nov 2009] Australian sardine;

(o) red mullet (Upeneichthys vlamingii);

(p) sea sweep (Scorpis aequipinnis);

(q) snook (Sphyraena novaehollandiae);

(r) [Rule 97 Subrule (2) amended by S.R. 2009, No. 121, Applied:01 Nov 2009] Australian sprat;

(s) wrasse (family Labridae);

(t) yelloweye mullet (Aldrichetta forsteri);

(u) yellowfinned whiting (Sillago schomburgkii).

Penalty:  [Rule 97 Subrule (2) amended by S.R. 2008, No. 83, Applied:01 Aug 2008] Grade 3 penalty.

(3)  [Rule 10 Amended by S.R. 2008, No. 83, Applied:01 Aug 2008] Any scalefish taken in State waters by a person who holds an appropriate authority and a scalefish licence are considered to have been taken under the authority of the person's scalefish licence and –

(a) are to be recorded in the holder's scalefish records in accordance with rule 102 ; and

(b) are not to exceed the possession limit, if any, set by these rules for the kind of scalefish taken.

98.   Limits on taking and possessing bait fish species & king garfish

The holder of a fishing licence (personal) must not take, or have possession of, more than the following amounts of each of the following scalefish in State waters:

(a) 10 kilograms of Australian anchovy;

(b) 10 kilograms of blue sprat;

(c) 10 kilograms of hardyhead;

(d) 20 kilograms of king garfish;

(e) 10 kilograms of pilchard;

(f) 10 kilograms of sprat.

Penalty:  [Rule 98 Amended by S.R. 2008, No. 83, Applied:01 Aug 2008] Grade 2 penalty.

99.   Limits on taking and possessing squid

(1)  [Rule 99 Subrule (1) amended by S.R. 2009, No. 121, Applied:01 Nov 2009] [Rule 99 Subrule (1) amended by S.R. 2008, No. 83, Applied:01 Aug 2008] The holder of a fishing licence (scalefish C) must not take, or be in possession of, any more than 30 Gould's squid or southern calamari in total in State waters.

Penalty:  [Rule 99 Subrule (1) amended by S.R. 2008, No. 83, Applied:01 Aug 2008] Grade 2 penalty.

(2)  Subrule (1) does not apply to a person who holds both a fishing licence (scalefish C) and a fishing licence (class seine).

100.   Limits on possessing certain scalefish

[Rule 100 Amended by S.R. 2009, No. 121, Applied:01 Nov 2009] The holder of a fishing licence (personal) must not be in possession of more than 3 of any of the species or type of scalefish specified in Schedule 8 in State waters.

Penalty:  [Rule 100 Amended by S.R. 2008, No. 83, Applied:01 Aug 2008] Grade 2 penalty.

PART 10 - Miscellaneous

100A.   Protection of female breeding stock for inshore crab

[Rule 10 Amended by S.R. 2009, No. 121, Applied:01 Nov 2009] A person must not –

(a) take, be in possession of, buy or sell inshore crab that has any spawn or eggs attached to it; or

(b) remove any spawn or eggs from an inshore crab; or

(c) be in possession of an inshore crab from which any spawn or eggs have been removed.

Penalty:  Grade 3 penalty.

101.   Use of scalefish species as bait

[Rule 101 Amended by S.R. 2009, No. 121, Applied:01 Nov 2009] A person, in State waters, must not use any of the following species or type of scalefish as bait in fish traps, rock lobster rings or rock lobster pots, other than in the form of heads and frames, without having proof that the fish were purchased:

(a) banded morwong;

(b) bastard trumpeter;

(c) bigeye tuna;

(d) boarfish;

(e) gummy shark;

(f) pelagic shark;

(g) fish of the family Salmonidae;

(h) school shark;

(i) southern bluefin tuna;

(j) striped trumpeter;

(k) yellowfin tuna.

Penalty:  [Rule 101 Amended by S.R. 2008, No. 83, Applied:01 Aug 2008] Grade 2 penalty.

101A.   Landing striped trumpeter

[Rule 10 Amended by S.R. 2009, No. 121, Applied:01 Nov 2009] A person, in State waters, must not land a fillet of striped trumpeter without landing its frame, including its head and tail, at the same time.

Penalty:  Grade 2 penalty.

102.   Completion of scalefish records

[Rule 102 Substituted by S.R. 2008, No. 83, Applied:01 Aug 2008]

(1)  The holder of a commercial fishing licence must complete approved records relating to the taking of scalefish –

(a) within 4 hours immediately after landing the scalefish; and

(b) before any of the scalefish are moved outside the landing area; and

(c) before any of the scalefish are moved inside a tent or other temporary structure or a building; and

(d) if the licensee is on a fishing trip that lasts longer than 24 hours, before the end of each day of that fishing trip.

Penalty:  Grade 3 penalty.

(2)  An approved record under subrule (1) is part of the records required to be kept under section 145 of the Act.

103.   Infringement notice offences and penalties

[Rule 103 Inserted by S.R. 2008, No. 83, Applied:01 Aug 2008] For section 42(2) of the Act –

(a) an offence against a provision of these rules specified in column 1 of Schedule 9 and generally described in column 2 of that Schedule is a prescribed offence; and

(b) the penalty specified in column 3 of that Schedule for that offence is its prescribed penalty.

104.   Grant of fishing licence (southern calamari)

[Rule 104 Inserted by S.R. 2008, No. 83, Applied:01 Aug 2008] Schedule 10 has effect with respect to the grant of a fishing licence (southern calamari).

105.   Allocation of banded morwong quota units

[Rule 105 Inserted by S.R. 2008, No. 83, Applied:01 Aug 2008] Schedule 11 has effect with respect to the allocation of banded morwong quota units.

106.   Catch history for southern calamari and banded morwong

[Rule 106 Inserted by S.R. 2008, No. 83, Applied:01 Aug 2008] Schedule 12 has effect with respect to a claim for southern calamari catch history or banded morwong catch history.

SCHEDULE 1 - Fish Species and Interpretation

Rule 3(2)

[Schedule 1 Amended by S.R. 2008, No. 83, Applied:01 Aug 2008] [Schedule 1 Amended by S.R. 2009, No. 121, Applied:01 Nov 2009]

SCHEDULE 2 - Areas and Interpretation

Rule 3(3)

[Schedule 2 Amended by S.R. 2008, No. 83, Applied:01 Aug 2008] [Schedule 2 Amended by S.R. 2009, No. 121, Applied:01 Nov 2009]

SCHEDULE 3 - Size Limits

[Schedule 3 Amended by S.R. 2009, No. 121, Applied:01 Nov 2009]

Rule 7

SCHEDULE 4 - Possession and Boat Limits

[Schedule 4 Amended by No. 17 of 1996, Applied:22 Dec 2004] [Schedule 4 Amended by S.R. 2008, No. 83, Applied:01 Aug 2008] [Schedule 4 Substituted by S.R. 2009, No. 121, Applied:01 Nov 2009]

SCHEDULE 5 - Regions

Part 8

PART 1 - North-west region

PART 2 - North-east region

[Part 2 of Schedule 5 Amended by S.R. 2008, No. 83, Applied:01 Aug 2008] [Part 2 of Schedule 5 Amended by S.R. 2009, No. 121, Applied:01 Nov 2009]

PART 3 - Southern region

[Part 3 of Schedule 5 Amended by S.R. 2008, No. 83, Applied:01 Aug 2008]

SCHEDULE 6 - Persons permitted to use gillnet in shark refuge areas

[Schedule 6 Amended by S.R. 2009, No. 121, Applied:01 Nov 2009]

Rule 89

[Schedule 6 Amended by No. 17 of 1996, Applied:22 Dec 2004] [Schedule 6 Amended by S.R. 2009, No. 121, Applied:01 Nov 2009]

SCHEDULE 7 - Conversion Rates for Whole Fish

Rule 13

[Schedule 7 Amended by S.R. 2009, No. 121, Applied:01 Nov 2009]

SCHEDULE 8 - Limited scalefish

Rule 100

SCHEDULE 9 - Infringement Notice Offences and Penalties

[Schedule 9 Substituted by S.R. 2008, No. 83, Applied:01 Aug 2008]

Rule 103

[Schedule 9 Amended by S.R. 2009, No. 121, Applied:01 Nov 2009]

SCHEDULE 10 - Grant of fishing licence (southern calamari)

[Schedule 10 Inserted by S.R. 2008, No. 83, Applied:01 Aug 2008]

Rule 104

1.   Eligibility for fishing licence (southern calamari)

(1) An application for a grant of a fishing licence (southern calamari) is to be lodged with the Secretary on or before 22 August 2008.

(2) The Minister is not to grant a fishing licence (southern calamari) to a person unless –

(a) the person holds a scalefish licence; and

(b) the person held the scalefish licence on 18 October 2006 and continued to hold it, without interruption, after that day; and

(c) the person held that scalefish licence as licensee; and

(d) the person has an eligible catch history for southern calamari; and

(e) that catch history has accrued to the person in accordance with clause 3 of Schedule 12 .

(3) [Schedule 10 Amended by No. 17 of 1996, Applied:26 May 2009] .  .  .  .  .  .  .  .  

2.   Eligible catch history

(1) A person has an eligible catch history for southern calamari if –

(a) the person's catch history is based on returns submitted to the Secretary on or before 31 March 2005; and

(b) those returns show southern calamari as having been taken in –

(i) eligible waters; and

(ii) a qualifying amount.

(2) Southern calamari are not to be included in an eligible catch history for subclause (1) if they were taken by means of a seine net.

(3) In this clause –

eligible waters means waters off the south and east coasts of Tasmania bounded –

(a) in the north by line of latitude 42^o South; and

(b) in the south by line of latitude 44^o South; and

(c) in the east by line of longitude 148^o 30' East; and

(d) in the west by line of longitude 146^o 30' East;

qualifying amount means –

(a) at least 4 tonnes of southern calamari taken in the 24-month period commencing on 1 March 2003; or

(b) at least –

(i) one tonne of southern calamari taken in either of the 12-month periods commencing on 12 August 1997 or 12 August 1998; and

(ii) 500 kilograms of southern calamari taken in each of the 4 consecutive 12-month periods beginning with the period commencing on 12 August 1999;

returns means pages from a scalefish fishing record book certified as complete and correct by the supervisor of the fishing vessel at the time the entries were made;

scalefish fishing record book means a logbook in an approved form used by the holder of a commercial fishing licence for recording scalefish catch.

SCHEDULE 11 - Allocation of banded morwong quota units

[Schedule 11 Inserted by S.R. 2008, No. 83, Applied:01 Aug 2008]

Rule 105

1.   Claim for banded morwong catch history

(1) A person who holds a fishing licence (banded morwong) may make a claim for banded morwong catch history.

(2) A claim for banded morwong catch history is to –

(a) be in the approved form; and

(b) be lodged with the Secretary on or before 22 August 2008; and

(c) show the banded morwong catch history that has accrued to the licence holder in accordance with clause 3 of Schedule 12 or been transferred to the licence holder in accordance with clause 4 of that Schedule; and

(d) be based on returns submitted to the Secretary showing banded morwong taken in the banded morwong catch history area.

(3) If a person has held more than one fishing licence (banded morwong), that person's claim for banded morwong catch history may, at that person's discretion, include the catch history relating to all, or any one or more, of those licences.

(4) In this clause –

banded morwong catch history area means waters off the south and east coasts of Tasmania bounded –

(a) in the north by line of latitude 40^o 30' South; and

(b) in the south by line of latitude 44^o South; and

(c) in the east by line of longitude 148^o 30' East; and

(d) in the west by line of longitude 146^o 30' East;

returns has the same meaning as in clause 2 of Schedule 10 .

2.   Approval of catch history

(1) The Minister may reject or approve a claim, or part of a claim, for catch history made under clause 1 .

(2) In making a decision under subclause (1), the Minister is not to take into account –

(a) that part of a licence holder's claim for banded morwong catch history in excess of 10 000 kilograms in a licensing year; or

(b) [Schedule 11 Amended by No. 17 of 1996, Applied:26 May 2009] .  .  .  .  .  .  .  .  

3.   Determination of average catch history

(1) If the Minister approves a claim, or part of a claim for catch history for a licence holder, the Minister is to determine the average catch history for the licence holder in respect of the claim.

(2) The average catch history for a licence holder is to be determined by multiplying the number representing the approved catch history for that licence holder by 10 and then dividing it by the number of catch history months applicable to the approved catch history for that licence holder.

(3) If an approved catch history for a licence holder relates to catch history in respect of more than one fishing licence (banded morwong), then the number of catch history months for subclause (2) is to be ascertained by reference to the total catch history months for all of those licences combined.

(4) In this clause –

approved catch history for a licence holder means catch history approved by the Minister in accordance with clause 2 ;

catch history months means the sum of the following:

(a) the number of fishing months during which a person claiming a catch history for banded morwong held, for the whole or any part of that month, a licence as licensee of that licence;

(b) the number of fishing months during which a person held, for the whole or any part of that month, a licence for which any catch history is claimed by the claimant under an agreement of a kind specified in clause 3(2) of Schedule 12 ;

(c) the number of fishing months between March 2004 and February 2006 inclusive, except for any month during that period included under paragraph (a) or (b);

fishing month means a calendar month between May 2000 and February 2006 inclusive of those months, other than March and April in any year;

licence means a fishing licence (banded morwong).

4.   Allocation of banded morwong quota units

(1) The Minister is to allocate banded morwong quota units amongst persons who held a fishing licence (banded morwong) on and from 18 October 2006 until the date of the allocation.

(2) The allocation is to be made in accordance with the ratio of one banded morwong quota unit to each 40 kilograms of average catch history determined for a licence holder under clause 3.

(3) Only whole banded morwong quota units are to be allocated and common rounding is to be used to determine the number of banded morwong quota units to be allocated where the average catch history for a licence holder is not an exact multiple of 40 kilograms.

(4) If the ratio yields a result of more than 200 banded morwong quota units for a licence holder, that holder is to be allocated 200 banded morwong quota units.

5.   Review of decision

The following are prescribed decisions for the purpose of section 280 of the Act:

(a) a decision under clause 2 ;

(b) a determination under clause 3 ;

(c) an allocation under clause 4 .

6.   Appeal to Tribunal

A determination under section 282 of the Act relating to banded morwong catch history or the allocation of banded morwong quota units is a prescribed determination for the purpose of section 283 of the Act.

SCHEDULE 12 - Claims for catch history for southern calamari and banded morwong

[Schedule 12 Inserted by S.R. 2008, No. 83, Applied:01 Aug 2008]

Rule 106

1.   Limitation on use of southern calamari catch history

Southern calamari may be included in a catch history for only one fishing licence (southern calamari).

2.   Limitation on use of banded morwong catch history

Banded morwong may be included in a catch history for only one allocation of banded morwong quota units.

3.   Accrual of catch history

(1) The catch history for southern calamari or banded morwong taken by use of a fishing vessel specified on a fishing certificate accrues to the licensee named on that fishing certificate at the time the fish were taken.

(2) However, the catch history does not accrue to the licensee referred to in subclause (1) if –

(a) a written agreement in respect of the licensee's scalefish licence, to the satisfaction of the Secretary, was in force that stipulated that any catch history was to accrue to the supervisor of the licence at the time the fish were taken, in which case the catch history accrues to that supervisor; or

(b) in the case of a fishing licence (banded morwong), the Secretary is satisfied that –

(i) the licensee was a temporary holder of the licence; and

(ii) the licensee held an agreement with the beneficial holder of the licence that stipulated that any catch history was to accrue to the beneficial holder during the term of the agreement; and

(ii) the beneficial holder remained the beneficial holder of the licence at all times during the term of the agreement –

in which case the catch history accrues to that beneficial holder; or

(c) the licensee is dead, in which case the catch history accrues to the executor or administrator of the deceased licensee's estate.

4.   Transfer of catch history for banded morwong

A catch history for banded morwong that accrues to the holder of a fishing licence (banded morwong) may be transferred to a purchaser of that licence if a written agreement to that effect, to the satisfaction of the Secretary, exists.

5.   Proof of catch history

(1) The Secretary may require a person claiming a catch history for southern calamari or banded morwong to verify that history in the form of documents such as receipts of sale.

(2) If the Secretary is not satisfied as to the matters specified in subclause (1) , any scalefish claimed as catch history are to be excluded from the catch history.

SCHEDULE 13 - Grant of Fishing Licence (Octopus)

[Schedule 9 Amended by S.R. 2009, No. 121, Applied:01 Nov 2009]

Rule 72G

1.   Eligibility for fishing licence (octopus)

(1) An application for the grant of a fishing licence (octopus) is to be lodged with the Secretary on or before 20 November 2009.

(2) The Minister is not to grant a fishing licence (octopus) to a person unless the person held permits, that authorised the taking of octopus using octopus pots, in the years 2003, 2004, 2005, 2006 and 2007.

(3) The Minister may grant up to 2 fishing licences (octopus) to a person if, in the years referred to in subclause (2) , the person held permits that authorised the taking of octopus using more than one fishing vessel.

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

Notified in the Gazette on 27 October 2004

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