Fisheries (Scalefish) Rules 2015

Fisheries (Scalefish) Rules 2015

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

24 September 2015

JEREMY ROCKLIFF

Minister for Primary Industries and Water

PART 1 - Preliminary

1.   Short title

These rules may be cited as the Fisheries (Scalefish) Rules 2015 .

2.   Commencement

These rules take effect on 1 November 2015.

3.   Interpretation

(1)  In these rules –

Act means the Living Marine Resources Management Act 1995 ;

[Rule 3 Subrule (1) amended by S.R. 2023, No. 71, Applied:01 Nov 2023]

apparatus licence means –

(a) a fishing licence of a kind specified in item 3, 4, 7, 8 or 9 of the table in rule 7 ; or

(b) a fishing licence (Australian salmon); or

(c) a fishing licence (octopus);

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

automatic hook-baiting and hook-setting apparatus means a device which baits and sets hooks automatically;

[Rule 3 Subrule (1) amended by S.R. 2023, No. 71, Applied:01 Nov 2023] automatic jigging machine means a digitally automated machine for line fishing that is –

(a) capable of being operated in multiple configurations of hook and line fishing; and

(b) intended to be used for the purpose of commercial fishing;

[Rule 3 Subrule (1) amended by S.R. 2023, No. 71, Applied:01 Nov 2023] automatic squid-jigging machine means a digitally automated machine that is designed to be used to take squid, including Gould’s squid;

auxiliary fishing apparatus means a type of apparatus used to deploy or retrieve fishing line for the purposes of non-commercial fishing, other than a setline, a manually operated fishing rod and line, an electric fishing reel mounted on a fishing rod and line or a handline;

auxiliary vessel means a dinghy, tender or other vessel that is –

(a) part of the equipment of a fishing vessel; and

(b) transported with, capable of being carried on, and operated solely from, the fishing vessel; and

(c) not operated further than 2 nautical miles from the fishing vessel;

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 pump means a hand-operated, non-powered device with a barrel which is inserted into the sand to extract burrowing shrimp, marine worms and other invertebrate bait species by means of a vacuum;

bait trap means a trap that –

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

(b) has not more than 2 entrances that are not more than 65 millimetres at the widest diameter; and

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

banded morwong quota docket means a docket, in an approved form, relating to banded morwong;

banded morwong quota unit means a unit that is an entitlement to take one 1 193rd of the total allowable catch for the banded morwong fishery;

banded morwong quota unit balance, for a fishing licence for a quota period, means the quantity of banded morwong allocated to the licence for the quota period that remains to be caught in the quota period;

beach seine net means an encircling net that –

(a) has a bag or bunt, including a panel that forms a 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; and

(d) is not designed to mesh fish;

[Rule 3 Subrule (1) amended by S.R. 2023, No. 71, Applied:01 Nov 2023] board trawl net means a netting bag or bag-like net that –

(a) has a mouth that is held open by trawl doors 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;

cast net means a circular or elliptical net with a diameter of not more than 6 metres that has a weighted bottom line 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;

closed season means the period, determined under Division 2 of Part 2 , during which all or part of the scalefish fishery is closed;

combined set line means a set line that has been combined, in accordance with rule 130 , with the set line or set lines of another person or persons;

[Rule 3 Subrule (1) amended by S.R. 2023, No. 71, Applied:01 Nov 2023] commercial berley means bait, pellets, or processed food products that are manufactured commercially and intended for consumption by animals or humans;

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

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;

Danish seine licence means a fishing licence of a class specified in item 8 of the table in rule 7 ;

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

(a) has a mouth that is 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;

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;

dipnet means a hand-held net that –

(a) 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;

[Rule 3 Subrule (1) amended by S.R. 2023, No. 71, Applied:01 Nov 2023] distinguishing mark has the same meaning as in the Fisheries Rules 2019 ;

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;

electric fishing reel means a fishing reel that has a motor to assist winding line onto a spool and does not include a set line;

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 apparatus used to hold live fish;

fish processor means the holder of a fish processing licence;

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; and

(d) has only one chamber with an entrance, or entrances, that –

(i) allow fish into the trap; and

(ii) measure no more than 250 millimetres across the longest dimension of each entrance;

fishing licence (giant crab) has the same meaning as in the Fisheries (Giant Crab) Rules 2013 ;

fishing trip means a trip on a vessel, undertaken for fishing, that –

(a) commences when the vessel departs from land, a pier, a jetty or an artificial extension of land; and

(b) [Rule 3 Subrule (1) amended by No. 17 of 1996, Applied:12 Apr 2017] ends when the vessel returns to land, a pier, jetty or artificial extension of land, with all apparatus that is on the vessel out of the water, other than a fish cauf being used in accordance with rule 118 ;

giant crab has the same meaning as in the Fisheries (Giant Crab) Rules 2013 ;

gillnet, also known as a set net, means one of the following nets that is set vertically in the water, so that fish swimming into it are entangled in the mesh:

(a) a graball net;

(b) a mullet net;

(c) a shark net;

(d) a small-mesh gillnet;

(e) a special small-mesh gillnet;

graball net means a single-mesh net that –

(a) has a weighted 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;

[Rule 3 Subrule (1) amended by S.R. 2023, No. 71, Applied:01 Nov 2023] Grade 1 penalty means the penalty specified in regulation 5 of the Fisheries (Penalties) Regulations 2021 ;

[Rule 3 Subrule (1) amended by S.R. 2023, No. 71, Applied:01 Nov 2023] Grade 2 penalty means a penalty specified in regulation 6 of the Fisheries (Penalties) Regulations 2021 ;

[Rule 3 Subrule (1) amended by S.R. 2023, No. 71, Applied:01 Nov 2023] Grade 3 penalty means a penalty specified in regulation 7 of the Fisheries (Penalties) Regulations 2021 ;

headline length means the length of a net as determined in accordance with rule 21 ;

[Rule 3 Subrule (1) amended by S.R. 2023, No. 71, Applied:01 Nov 2023] holder of a licence, in relation to a licence, includes, except in rule 55(4)(a) , a person who is approved to use the licence under section 87(2) of the Act;

holding tank means fishing apparatus 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 into the shape of a bag;

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;

landing means –

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

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

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 land fish; and

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

licensed fishing vessel means a vessel specified on a fishing licence (vessel);

licensing year, in relation to a commercial fishing licence, means the period beginning on 1 March each year and ending at midnight on the last day of February in the following year;

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. 2023, No. 71, Applied:01 Nov 2023] mackerel has the same meaning as in the Fisheries (Mackerel) Rules 2019 ;

[Rule 3 Subrule (1) amended by S.R. 2023, No. 71, Applied:01 Nov 2023] mackerel fishing licence has the same meaning as in the Fisheries (Mackerel) Rules 2019 ;

[Rule 3 Subrule (1) amended by S.R. 2023, No. 71, Applied:01 Nov 2023] manual squid-jigging machine means a machine, that is not automated, that is designed to be used to take squid, including Gould’s squid;

marker buoy, in the case of –

(a) commercial fishing apparatus, means a buoy marked with a distinguishing mark; and

(b) non-commercial fishing apparatus, means a buoy marked with a unique identifying code;

mesh size, in relation to a net, means the average measurement of 10 adjoining meshes in the net, where each mesh is measured by –

(a) holding the mesh taut; and

(b) holding 2 diagonally opposite knots together so that they are touching each other; and

(c) measuring the distance between the inside surface of the diagonally opposite knots of the mesh that are not touching each other;

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 a fishing licence (vessel) that specifies the fishing vessel, to hold scalefish taken during the fishing trip;

mullet net means a single-mesh net that –

(a) has a weighted 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;

non-commercial fishing means the following activities:

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

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

non-commercial gillnet means a gillnet for use in non-commercial fishing;

non-transferable fishing licence means a fishing licence that cannot be transferred and may only be used by the holder of the licence;

north-east octopus zone means all State waters east of the line of longitude 147ºE and north of the line of latitude 41ºS;

north-west octopus zone means all State waters west of the line of longitude 147ºS and north of the line of latitude 41ºS;

octopus pot means a container that –

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

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

octopus zone means the north-east octopus zone and the north-west octopus zone;

offshore waters means State waters that are not –

(a) coastal waters; or

(b) within the limits of the State;

open season means the period, determined under Division 2 of Part 2 , during which all or part of the scalefish fishery is open;

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

prescribed scalefish means banded morwong, wrasse or Australian salmon;

[Rule 3 Subrule (1) amended by S.R. 2023, No. 71, Applied:01 Nov 2023] published notice means a notice published in one or more of the following ways:

(a) published in the Gazette;

(b) published on a website operated by, or on behalf of, the Department or Government for the duration of the period for which the notice is in effect;

(c) published in a newspaper circulating generally in the State;

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;

recreational licence means a fishing licence of a class specified in item 6 of the table in rule 7 ;

report, in relation to an activity involving banded morwong, means a report that contains the information required under rule 70 to be provided in a report for such an activity;

reporting service means a service approved under rule 70 ;

[Rule 3 Subrule (1) amended by S.R. 2023, No. 71, Applied:01 Nov 2023] rock lobster pot has the same meaning as in the Fisheries (Rock Lobster) Rules 2022 ;

[Rule 3 Subrule (1) amended by S.R. 2023, No. 71, Applied:01 Nov 2023] rock lobster ring has the same meaning as in the Fisheries (Rock Lobster) Rules 2022 ;

scalefish means fish of a species specified in Schedule 1 ;

scalefish licence means a fishing licence of a class specified in item 4 of the table in rule 7 ;

[Rule 3 Subrule (1) amended by S.R. 2023, No. 71, Applied:01 Nov 2023] scalefish record means a record relating to scalefish, including octopus, that is required to be kept under section 145 of the Act;

seine licence means a fishing licence of a class specified in item 3 of the table in rule 7 ;

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;

set line means a dropline or a longline;

shark includes a shark carcass;

shark net means a single-mesh net, of a type that is authorised for use to take shark under an appropriate authority, that –

(a) has a weighted 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 the following areas:

(a) Blackman Bay;

(b) D'Entrecasteaux Channel;

(c) East Coast waters;

(d) Frederick Henry Bay and Norfolk Bay;

(e) Georges Bay;

(f) Great Oyster Bay;

(g) Mercury Passage;

(h) Pitt Water;

(i) Port Sorell;

(j) River Derwent;

(k) River Tamar;

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

(a) has a weighted 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;

spear includes –

(a) a spear gun; and

(b) any other apparatus with a pointed end that is used to fish;

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

(a) has a weighted 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 a squid jig attached;

subsidiary vessel means a dinghy, tender or other vessel that is –

(a) part of the equipment of a vessel used for non-commercial fishing; and

(b) transported with, capable of being carried on, and operates solely from, the vessel; and

(c) is not operated further than 2 nautical miles from the vessel;

TAC area means State waters (other than the Tamar River) off the north, east and south coasts of Tasmania that are –

(a) south of the line of latitude 40º40'S; and

(b) east of an imaginary straight line starting at Low Head and running due north; and

(c) east of an imaginary straight line starting at Whale Head and running due south;

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;

unique identifying code, in relation to a person, means a unique number allotted to the person by the Secretary under rule 125 ;

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)  In these rules –

(a) a person is taken to be in charge of a vessel if a fisheries officer has reason to believe that the person is in charge of the vessel; and

(b) 2 fillets of fish are equivalent to one fish.

(5)  For the purposes of these rules, a gillnet is set once the entire headline length of the gillnet is placed in the water.

(6)  [Rule 3 Subrule (6) inserted by S.R. 2023, No. 71, Applied:01 Nov 2023] For the purposes of these rules, a hook or jig is taken to be in use if it is attached to a line, including a hand line.

4.   Application of rules

(1)  Except as provided in subrule (4) , these rules apply to the scalefish fishery.

(2)  A provision of these rules that relates to non-commercial fishing applies to all waters relevant to the State, as defined in the Act.

(3)  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.

(4)  These rules, other than rule 8 , do not apply to the following activities:

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

(b) fishing under the authority of a mackerel fishing licence;

(c) 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 Substituted by S.R. 2023, No. 71, Applied:01 Nov 2023] These rules continue in force until 1 November 2026.

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 the following matters:

(a) an area where fishing may occur;

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

(c) the opening and closing of the fishery;

(d) fishing apparatus;

(e) limits on taking and possessing fish;

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

PART 2 - General

Division 1 - Preliminary

7.   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.

	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 (Danish seine)
		fishing licence (limited Danish seine)
9.	class squid	fishing licence (automatic squid jig)

8.   Size limits of scalefish

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:  Grade 2 penalty.

9.   Measurements of scalefish

The size of a fish 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) [Rule 9 Amended by S.R. 2023, No. 71, Applied:01 Nov 2023] .  .  .  .  .  .  .  .  

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

10.   Weights of scalefish

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 8 .

Division 2 - Seasons for scalefish

11.   Closed and open seasons for scalefish

(1)  [Rule 11 Subrule (1) amended by S.R. 2023, No. 71, Applied:01 Nov 2023] The Minister, by published notice, may determine–

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

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

(c) that any part of a scalefish fishery is closed to, or in respect of, specific activities for such periods as are specified in the notice.

(2)  A person must not –

(a) take scalefish from State waters that are closed to the scalefish fishery for that kind of scalefish; or

(b) be in possession of scalefish in State waters that are closed to the scalefish fishery for that kind of scalefish; or

(c) undertake an activity of a type specified in a determination during the period, and in the fishery, as specified in that determination under subrule (1)(c) .

Penalty:  Grade 3 penalty.

(3)  A person must comply with a determination in force under subrule (1) .

Penalty:  Grade 3 penalty.

(4)  [Rule 11 Subrule (4) substituted by S.R. 2023, No. 71, Applied:01 Nov 2023] A published notice, that contains a determination made under this rule, may be combined with another such published notice.

12.   Seasonal closures of striped trumpeter fishery

Subject to a determination made under rule 11(1) , a person must not take, or be in possession of, striped trumpeter from State waters between 1 September and 31 October, inclusive, in any year.

Penalty:  Grade 3 penalty.

13.   Seasonal closures of squid fishery

Subject to a determination made under rule 11(1) , a person must not take, or be in possession of, any squid species, including southern calamari, from upper south-east waters between 15 October and 14 November, inclusive, in any year.

Penalty:  Grade 3 penalty.

14.   Seasonal closures of banded morwong fishery

(1)  Subject to a determination made under rule 11(1) , a person must not take, or be in possession of, banded morwong, from State waters between 1 March and 30 April, inclusive, in any year.

Penalty:  Grade 3 penalty.

(2)  Subrule (1) does not apply in respect of the possession of banded morwong held on a fishing vessel or in a fish cauf for which part, or all, of a banded morwong quota docket has been completed before 1 March in any year.

14A.   Taking or possessing skate in Macquarie Harbour

[Rule 14A Inserted by S.R. 2023, No. 71, Applied:01 Nov 2023] A person must not take, or possess, any species of skate, ray, or stingray, including Maugean Skate (Zearaja maugeana) in Macquarie Harbour.

Penalty:  Grade 3 penalty.

Division 3 - Taking, possessing, &c., of certain fish

15.   Taking shark in shark refuge area

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

Penalty:  Grade 3 penalty.

16.   Shark fins

(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.

17.   Taking or possessing groper

A person must not take, or be in possession of, blue groper in State waters.

Penalty:  Grade 3 penalty.

18.   Sale of bream

A person must not sell bream unless that person can show evidence that the bream were taken in waters other than waters relevant to the State.

Penalty:  Grade 3 penalty.

Division 4 - Lines

19.   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.

20.   Prohibited use of set lines in certain areas

A person must not set, or use, a set line in –

(a) any of the waters specified in Schedule 6; or

(b) any shark refuge area; or

(c) Macquarie Harbour; or

(d) Southport Bay West.

Penalty:   Grade 2 penalty.

Division 5 - Nets

Subdivision 1 - Nets generally

21.   Measurement of nets

The length of a net –

(a) 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; and

(b) excludes any rope attached between the net and any buoy or similar marker at, or near, the surface of the water.

22.   Nets in State waters

(1)  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.

Penalty:  Grade 2 penalty.

(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;

(j) a shark net.

23.   Weighting of certain 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 securely 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 securely 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:   Grade 1 penalty.

Subdivision 2 - Gillnets

24.   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 54 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 7 .

Penalty:   Grade 2 penalty.

(2)  A person must not set, or use, a gillnet in –

(a) the waters of the River Derwent; or

(b) the waters of Macquarie Harbour that are southward and eastward of an imaginary straight line extending from Coal Head to Steadman Point; or

(c) the waters at Neck Beach; or

(d) the waters at Waubs Bay; or

(e) the waters at Musselroe Bay East; or

(f) the waters at Low Head; or

(g) the waters at Lillico Beach; or

(h) the waters at Parsonage Point; or

(i) the Macquarie Harbour Entrance; or

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

(k) Robbins Passage; or

(l) the waters near Stanley to the west of an imaginary straight line extending from the easternmost point of the small headland at the northern end of Godfreys Beach to the easternmost point at the southern end of Godfreys Beach; or

(m) the waters within 200 metres of Spectacle Island in Frederick Henry Bay; or

(n) the waters west of an imaginary straight line extending from a point 200 metres due west from the westernmost point at the northern end of Lagoon Beach to a point 200 metres due north of Black Jack Point; or

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

(p) Southport Bay West; or

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

Penalty:   Grade 2 penalty.

(3)  A person must not use a gillnet as an encircling net.

Penalty:  Grade 2 penalty.

Subdivision 3 - Seine nets

25.   Seine nets generally

A person who uses a seine net –

(a) must empty the net of scalefish before the net is removed from the water; and

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

Penalty:   Grade 2 penalty.

26.   Use of beach seine nets

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:   Grade 2 penalty.

27.   Prohibited use of purse seine nets and beach seine nets

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) the area of Promise Bay that is 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;

(c) Robbins Passage.

Penalty:  Grade 2 penalty.

Subdivision 4 - Other nets

28.   Prohibited use of certain 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 specified in Schedule 6 ; or

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

Penalty:   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 Tamar upstream of an imaginary straight line from the northern extremity of Garden Island to the George Town Monument;

(b) River Tamar downstream of an imaginary straight line from the northern extremity of Garden Island to the George Town Monument;

(c) 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:   Grade 2 penalty.

(3)  Subrule (2) does not apply to a person who is authorised under rule 24 to use a gillnet in the waters specified in subrule (2)(b) while the person is acting in accordance with that authority.

(4)  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 Swanwick Bay.

Penalty:   Grade 2 penalty.

Division 6 - Spears

29.   Prohibited use of spears

A person must not use a spear to take scalefish in any of the following rivers, unless the person is using the spear to take flounder for non-commercial purposes:

(a) River Mersey;

(b) River Leven;

(c) Inglis River.

Penalty:   Grade 2 penalty.

30.   Taking certain fish with spears

A person must not, in State waters, use a spear to take bream or boarfish.

Penalty:  Grade 2 penalty.

Division 7 - Traps

31.   Fish traps

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:   Grade 2 penalty.

32.   Prohibited use of traps in certain areas

A person must not set, or use, a fish trap or bait trap in –

(a) any of the waters specified in Schedule 6 ; or

(b) the waters of the River Derwent; or

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

(d) Swanwick Bay.

Penalty:  Grade 2 penalty.

Division 8 - Other apparatus

33.   Automatic hook-baiting and hook-setting apparatus

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

Penalty:   Grade 2 penalty.

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

(a) has a Commonwealth authority that authorises the use of automatic hook-baiting and hook-setting apparatus; or

(b) holds a foreign fishing licence in force under the Commonwealth Act that authorises the use of automatic hook-baiting and hook-setting apparatus.

Penalty:   Grade 2 penalty.

34.   Nature of buoys

(1)  [Rule 34 Subrule (1) substituted by S.R. 2023, No. 71, Applied:01 Nov 2023] A person must not set, or use, apparatus that is marked with a marker buoy, as required under these rules, unless that marker buoy –

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

(b) floats on the surface of water; and

(c) is specifically designed as a buoy; and

(d) is marked with the marks required under these rules in such a way that the marks remain clear and legible while the buoy is in use; and

(e) has no deliberate marks other than the marks required under these rules for the activity for which the buoy is to be used.

Penalty:   Grade 1 penalty.

(2)  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 133(8) .

(3)  Unless otherwise specified, a mark that is required to be placed on a buoy under these rules must be in figures not less than 70 millimetres high and 12 millimetres wide.

(4)  [Rule 34 Subrule (4) inserted by No. 17 of 1996, Applied:12 Apr 2017] [Rule 34 Subrule (4) substituted by S.R. 2023, No. 71, Applied:01 Nov 2023] A person must not set or use apparatus that is marked with a buoy that is in addition to the buoys required, under these rules, for that apparatus unless the additional buoy –

(a) is marked as required, under these rules, for a buoy used with that apparatus; and

(b) bears no other deliberate marks other than the marks referred to in paragraph (a).

Penalty:  Grade 1 penalty.

35.   Fish caught in rock lobster pots, rock lobster rings or giant crab traps

A person may take, or be in possession of, scalefish caught in a rock lobster pot, rock lobster ring or giant crab trap under the authority of –

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

(b) a fishing licence (giant crab); or

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

(d) a fishing licence (recreational rock lobster ring).

PART 3 - Commercial Fishing

Division 1 - Licences

Subdivision 1 - General

36.   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) class species;

(e) class small-mesh gillnet;

(f) 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) to be endorsed with any endorsement referred to in Division 2 of this Part, a fishing licence (personal) endorsed with those endorsements 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 last day of the preceding February; and

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

(c) lodges the application for a licence of a type in accordance with section 77 of the Act within 12 months after the expiry of the licence of that type that he or she currently holds.

37.   Fishing for commercial purposes

[Rule 37 Substituted by S.R. 2023, No. 71, Applied:01 Nov 2023]

(1)  A person must not take scalefish for commercial purposes in State waters unless the person –

(a) holds, and takes the scalefish in accordance with, an appropriate authority; or

(b) in addition to a fishing licence (personal), holds the following licences specified on a fishing certificate, whether or not a species licence is also held by the person, and takes the scalefish in accordance with these licences:

(i) a fishing licence (vessel);

(ii) an apparatus licence; or

(c) holds, and takes the scalefish in accordance with, 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.

(2)  The Secretary may direct the holder of a fishing licence, who intends to take fish for commercial purposes under that licence, to ensure that –

(a) a vessel monitoring system, within the meaning of the Fisheries Rules 2019 , is installed on the vessel to be used by the holder to take fish for commercial purposes; and

(b) the vessel monitoring system, installed on a vessel under paragraph (a) , is operated during a fishing trip in which specified species of scalefish are intended to be taken for commercial purposes.

(3)  The holder of a fishing licence who is given a direction by the Secretary under subrule (2) must comply with that direction.

Penalty:  Grade 3 penalty.

38.   Prohibition on commercial fishing in certain areas

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

(a) Georges Bay; or

(b) the D'Entrecasteaux Channel; or

(c) Ansons Bay.

Penalty:  Grade 3 penalty.

(2)  [Rule 38 Subrule (2) amended by S.R. 2023, No. 71, Applied:01 Nov 2023] A person must not take scalefish for commercial purposes from the following waters unless the person is the holder of a fishing licence (scalefish A), fishing licence (scalefish B) or fishing licence (personal), endorsed to take scalefish from those waters, and takes the scalefish in accordance with the endorsement:

(a) the River Derwent;

(b) Macquarie Harbour;

(c) Port Sorell.

Penalty:  Grade 3 penalty.

39.   Completion of scalefish records

[Rule 39 Substituted by S.R. 2023, No. 71, Applied:01 Nov 2023]

(1)  The holder of a commercial fishing licence must complete scalefish records –

(a) within 4 hours immediately after landing the scalefish; and

(b) before any of the scalefish so landed are moved outside the landing area; and

(c) before any of the scalefish so landed 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 one day, before the end of each day of that fishing trip during which apparatus has been set or hauled under the authority of that licence.

Penalty:  Grade 3 penalty.

(2)  If subrule (1)(d) applies to the holder of a commercial fishing licence in respect of a fishing trip, the licence holder must ensure that the scalefish records kept under that subrule in respect of that trip are kept –

(a) on the vessel on which the fishing trip is conducted; and

(b) on that vessel for the duration of the fishing trip.

Penalty:  Grade 2 penalty.

Subdivision 2 - Types of licences

40.   Fishing licence (scalefish A)

[Rule 40 Substituted by S.R. 2023, No. 71, Applied:01 Nov 2023]

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

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

(b) 2 fish traps.

(2)  The holder of a fishing licence (scalefish A) may use not more than 200 hooks at any one time.

41.   Fishing licence (scalefish B)

[Rule 41 Substituted by S.R. 2023, No. 71, Applied:01 Nov 2023]

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

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

(b) 2 fish traps.

(2)  The holder of a fishing licence (scalefish B) may use not more than 200 hooks at any one time.

42.   Fishing apparatus for fishing licence (scalefish A) or fishing licence (scalefish B)

[Rule 42 Substituted by S.R. 2023, No. 71, Applied:01 Nov 2023]

(1)  The holder of a fishing licence (scalefish A) or fishing licence (scalefish B) may –

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

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

(c) use the landing nets to land scalefish; and

(d) use not more than 5 squid jigs attached to hand lines.

(2)  The holder of a fishing licence (scalefish A) or fishing licence (scalefish B) who is not the holder of a fishing licence (automatic squid jig) may, at any one time, use fish attraction lamps not exceeding a total power rating of 2 000 watts.

(3)  The holder of a fishing licence (scalefish A) or a fishing licence (scalefish B) who is not the holder of a fishing licence (automatic squid jig) may use, at any one time, not more than 4 automatic squid-jigging machines or manual squid-jigging machines.

43.   Fishing licence (scalefish C)

[Rule 43 Subrule (1) amended by No. 17 of 1996, Applied:12 Apr 2017] [Rule 43 Substituted by S.R. 2023, No. 71, Applied:01 Nov 2023]

(1)  The holder of a fishing licence (scalefish C) may possess on a fishing vessel not more than –

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

(b) one fish trap.

(2)  The holder of a fishing licence (scalefish C) may use, on a fishing vessel, at one time –

(a) not more than 150 metres in length of graball net; or

(b) one fish trap; or

(c) not more than 200 hooks.

(3)  The holder of both a fishing licence (scalefish C) and a fishing licence (wrasse) may possess on a fishing vessel, or use, not more than 2 fish traps at any one time.

(4)  The holder of both a fishing licence (scalefish C) and a fishing licence (wrasse) may use, on a fishing vessel, no more than 10 hooks, as authorised by the fishing licence (scalefish C), if any fish traps are being used from, or on board, the vessel.

(5)  The holder of a fishing licence (scalefish C) may – 

(a) possess on a fishing vessel squid jigs, landing nets, and one hand-held dip net; and

(b) use no more than 5 squid jigs, attached to hand lines, and the hand-held dipnet, to take scalefish; and

(c) use the landing nets to take scalefish.

44.   Fishing licence (rock lobster)

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

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

(b) [Rule 44 Subrule (1) amended by S.R. 2023, No. 71, Applied:01 Nov 2023] 2 fish traps.

(c) [Rule 44 Subrule (1) amended by No. 17 of 1996, Applied:12 Apr 2017] [Rule 44 Subrule (1) amended by S.R. 2023, No. 71, Applied:01 Nov 2023] .  .  .  .  .  .  .  .  

(d) [Rule 44 Subrule (1) amended by No. 17 of 1996, Applied:12 Apr 2017] [Rule 44 Subrule (1) amended by S.R. 2023, No. 71, Applied:01 Nov 2023] .  .  .  .  .  .  .  .  

(2)  [Rule 44 Subrule (2) amended by S.R. 2023, No. 71, Applied:01 Nov 2023] 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 possess on a fishing vessel, or use, any more apparatus than the apparatus authorised by the fishing licence (scalefish A) or the fishing licence (scalefish B).

(3)  [Rule 44 Subrule (3) amended by No. 17 of 1996, Applied:12 Apr 2017] [Rule 44 Subrule (3) substituted by S.R. 2023, No. 71, Applied:01 Nov 2023] The holder of a fishing licence (rock lobster) may –

(a) possess on a fishing vessel –

(i) not more than 2 hand-held dip nets; and

(ii) landing nets; and

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

(c) use the landing nets to land scalefish; and

(d) use not more than 5 squid jigs, attached to hand lines, to take scalefish; and

(e) use not more than 200 hooks to take scalefish.

44A.   Other licence types

[Rule 44A Inserted by S.R. 2023, No. 71, Applied:01 Nov 2023]

(1)  This rule applies to the holder of a commercial fishing licence if rule 42 , rule 43 or 44 does not apply to the holder in respect of the commercial fishing licence.

(2)  The holder of a commercial fishing licence to whom this rule applies may possess on a fishing vessel, or use to take scalefish –

(a) hand-held dipnets; and

(b) landing nets; and

(c) spears.

(3)  The holder of a commercial fishing licence to whom this rule applies may use, on a fishing vessel at any one time, not more than 5 squid jigs attached to hand lines to take scalefish.

45.   Fishing licence (small-mesh gillnet)

(1)  The holder of a fishing licence (small-mesh gillnet) may possess on a fishing vessel, or use – 

(a) a small-mesh gillnet that is not more than 200 metres in length; and

(b) up to 600 metres in length of small-mesh gillnet in total.

(2)  The holder of a fishing licence (small-mesh gillnet) must not possess on a fishing vessel, or use, a small-mesh gillnet that has a net depth of more than 75 meshes while using, or possessing, more than half the amount of small-mesh gillnet authorised by the person's licence.

Penalty:  Grade 2 penalty.

(3)  A person must not possess on a fishing vessel, or use, 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:  Grade 3 penalty.

46.   Fishing licence (purse seine net)

(1)  The holder of a fishing licence (purse seine net) may possess on a fishing vessel, or use –

(a) a purse seine net with a headline length of not more than 600 metres; or

(b) a lampara net with a headline length of not more than 600 metres.

(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 possessing on a fishing vessel more than one seine net at any one time.

47.   Fishing licence (beach seine)

(1)  The holder of a fishing licence (beach seine A) may possess 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 possess 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)

The holder of a fishing licence (automatic squid jig) may –

(a) possess on a fishing vessel, and use, the following fishing apparatus in accordance with these rules:

(i) automatic squid-jigging machines;

(ii) squid lines;

(iii) fish attraction lamps; and

(b) take and possess only Gould's squid under the authority of that licence.

Division 2 - Endorsements on licences

49.   Endorsement of fishing licences

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

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

(b) [Rule 49 Subrule (1) amended by S.R. 2023, No. 71, Applied:01 Nov 2023] to take or possess, and sell, the species or types of fish specified on the licence; and

(c) [Rule 49 Subrule (1) amended by S.R. 2023, No. 71, Applied:01 Nov 2023] to otherwise take fish for commercial purposes.

(2)  A person who is the holder of a fishing licence that is endorsed under subrule (1) must comply with that endorsement when operating under the authority of that endorsement.

Penalty:  Grade 3 penalty.

50.   Endorsements to use fishing apparatus

(1)  A person must not take fish under the authority of a fishing licence (personal) using a type of fishing apparatus unless –

(a) the fishing licence (personal) is endorsed for the use of that type of fishing apparatus; and

(b) the person also holds an apparatus licence that authorises the use of that type of fishing apparatus.

Penalty:  Grade 3 penalty.

(2)  Subrule (1) does not apply to the holder of a fishing licence (personal) that is endorsed for the use of the following fishing apparatus, if the person is taking fish in accordance with that endorsement:

(a) spears to take flounder for commercial purposes;

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

(c) special small-mesh gillnet;

(d) small-mesh gillnet in Bass Strait;

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

(3)  If a person holds –

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

(b) an apparatus licence that authorises the use of that kind of fishing apparatus –

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

Penalty:  Grade 3 penalty.

51.   Small-mesh gillnet endorsements

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

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

(b) a single 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:  Grade 3 penalty.

52.   Special small-mesh gillnet endorsements

The holder of a fishing licence (personal) that is endorsed for the use of special small-mesh gillnet must not possess 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.

53.   Beach seine net endorsements

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 transport the catch caught with such a net.

Penalty:  Grade 3 penalty.

54.   Gillnet endorsements 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 is 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:  Grade 3 penalty.

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

55.   Endorsement of licences as non-transferable

(1)  The Minister is to endorse a fishing licence (scalefish C) as a non-transferable fishing licence.

(2)  A licence specified in subrule (1) may only be used by the holder of that licence.

(3)  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.

(4)  [Rule 55 Subrule (4) amended by S.R. 2023, No. 71, Applied:01 Nov 2023] A scalefish licence that is endorsed as a non-transferable fishing licence under subrule (3) may only be used by –

(a) the holder of the licence; or

(b) if the licence authorised a person to be a supervisor of the licence at the time the licence was endorsed as a non-transferable licence, the supervisor of the licence.

Division 3 - Commonwealth authorities, &c.

56.   Limits for holder of appropriate authority

(1)  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, more than –

(a) 200 kilograms in total of any scalefish other than the scalefish specified in paragraph (b) ; or

(b) 250 kilograms in total of the following scalefish:

(i) snapper;

(ii) [Rule 56 Subrule (1) amended by S.R. 2023, No. 71, Applied:01 Nov 2023] .  .  .  .  .  .  .  .  

(iii) yellowtail kingfish; or

(c) 150 kilograms of striped trumpeter; or

(d) the following weight of the following scalefish:

(i) 20 kilograms of bastard trumpeter;

(ii) 50 kilograms of bight redfish.

Penalty:  Grade 3 penalty.

(2)  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 types:

(a) Australian anchovy;

(b) Australian salmon;

(c) Australian sardine;

(d) Australian sprat;

(e) banded morwong;

(f) black bream;

(g) bluespotted goatfish;

(h) blue sprat;

(i) dusky morwong;

(j) king gar;

(k) King George whiting;

(l) luderick;

(m) magpie morwong;

(n) mulloway;

(o) rock flathead;

(p) sea sweep;

(q) snook;

(r) southern sea garfish;

(s) wrasse;

(t) yelloweye mullet;

(u) yellowfinned whiting.

Penalty:  Grade 3 penalty.

57.   Limits for holders of appropriate authority and scalefish licence

(1)  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, more than –

(a) 200 kilograms in total of any scalefish other than the scalefish specified in paragraph (b); or

(b) 250 kilograms in total of the following scalefish:

(i) snapper;

(ii) [Rule 57 Subrule (1) amended by S.R. 2023, No. 71, Applied:01 Nov 2023] .  .  .  .  .  .  .  .  

(iii) yellowtail kingfish; or

(c) [Rule 57 Subrule (1) amended by No. 17 of 1996, Applied:12 Apr 2017] 150 kilograms in total of striped trumpeter; or

(d) the following weight of the following scalefish:

(i) 20 kilograms of bastard trumpeter;

(ii) 50 kilograms of bight redfish.

Penalty:  Grade 3 penalty.

(2)  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 types:

(a) Australian anchovy;

(b) Australian salmon;

(c) Australian sardine;

(d) Australian sprat;

(e) banded morwong;

(f) black bream;

(g) bluespotted goatfish;

(h) blue sprat;

(i) dusky morwong;

(j) king gar;

(k) King George whiting;

(l) luderick;

(m) magpie morwong;

(n) mulloway;

(o) rock flathead;

(p) sea sweep;

(q) snook;

(r) southern sea garfish;

(s) wrasse;

(t) yelloweye mullet;

(u) yellowfinned whiting.

Penalty:  Grade 3 penalty.

(3)  A person who holds an appropriate authority and a scalefish licence and takes scalefish in State waters –

(a) is considered to have taken that scalefish under the authority of the person's scalefish licence; and

(b) is to record the taking of the scalefish in the person's scalefish records in accordance with rule 39 ; and

(c) is not to exceed the limit, if any, specified in subrule (1) for the kind of scalefish taken.

Penalty:  Grade 3 penalty.

58.   Quota limits on Commonwealth authority

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:  Grade 2 penalty.

59.   Possessing graball nets

A person who holds an appropriate authority 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:  Grade 3 penalty.

Division 4 - Australian salmon

60.   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 north of an imaginary straight line extending from Cape Deslacs to 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 extending from Webber Point to 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 extending 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:  Grade 2 penalty.

(2)  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) [Rule 60 Subrule (2) amended by No. 17 of 1996, Applied:12 Apr 2017] that is not a fishing licence (Australian salmon).

Penalty:  Grade 2 penalty.

61.   Taking Australian salmon with certain seine nets

The holder of a fishing licence (Australian salmon) may only 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) a mesh size of at least 30 millimetres.

Penalty:  Grade 3 penalty.

62.   Possessing Australian salmon

(1)  On any one occasion, a person must not possess 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 that amount, or more than that amount, of Australian salmon.

Penalty:  Grade 3 penalty.

(2)  The holder of a fishing licence (personal) may possess 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.

63.   Bycatch for fishing licences (Australian salmon)

(1)  The holder of a fishing licence (Australian salmon) using fishing apparatus authorised by that licence must not take, or possess 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 has used the fishing apparatus authorised by that licence to take the fish in accordance with that licence.

Penalty:  Grade 2 penalty.

(2)  Subrule (1) does not apply to taking and possessing common jack mackerel or silver trevally.

Division 5 - Banded morwong

Subdivision 1 - Administration for banded morwong

64.   Total allowable catch for banded morwong

(1)  [Rule 64 Subrule (1) amended by S.R. 2023, No. 71, Applied:01 Nov 2023] Unless otherwise determined by the Secretary by published notice, the quota period for 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) .

65.   

[Rule 65 Rescinded by S.R. 2023, No. 71, Applied:01 Nov 2023] .  .  .  .  .  .  .  .  

66.   Maximum licence holdings for banded morwong

(1)  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 3 penalty.

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

67.   Maximum quota unit holdings

(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 3 penalty.

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

68.   Restrictions on transfer of banded morwong quota units

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

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

(a) the units are transferred to a person who is the holder of a fishing licence (banded morwong); and

(b) 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

(c) no banded morwong has been caught under those banded morwong quota units in the quota period within which the units are to be transferred.

(3)  However, subrule (2)(c) does not apply to the permanent transfer of banded morwong quota units, whether caught or uncaught, that are transferred with the fishing licence (banded morwong) in which the banded morwong quota units are specified.

69.   Banded morwong overcatch provisions

(1AA)  [Rule 69 Subrule (1AA) inserted by S.R. 2023, No. 71, Applied:01 Nov 2023] In this rule –

administrative penalty, in relation to a fishing licence (banded morwong), means –

(a) in the case of exceeding the relevant quota unit balance for the licence by 10% or less, 1.5 times the beach price of that percentage of the quota unit balance; and

(b) in the case of exceeding the relevant quota unit balance for the licence by more than 10% and up to 30%, 2 times the beach price of that percentage of the quota unit balance;

beach price means the monthly average price paid for banded morwong as determined by the Secretary;

relevant time means –

(a) in respect of the period immediately preceding the landing of the first banded morwong in a quota year, the time when, in that quota year, a fishing licence comes into force; or

(b) in respect of any other period, the time of the commencement of the fishing trip;

relevant quota unit balance, for a fishing licence, means the sum of the following (exclusive of any weight of banded morwong returned to the fishing vessel or fish cauf subject to a cancellation report):

(a) the weight of the banded morwong quota units specified on the licence that remain to be caught and landed at the relevant time;

(b) the weight of any banded morwong quota units transferred to or from the licence holder since the relevant time;

(c) the weight of any deduction, permitted under this rule, from a previous quota year.

(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:  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) the licensee made a report, to the reporting service, concerning the movement of those banded morwong no earlier than 2 hours before they entered the TAC area.

(2A)  [Rule 69 Subrule (2A) inserted by S.R. 2023, No. 71, Applied:01 Nov 2023] The holder of a fishing licence (banded morwong) must not, for commercial purposes, take or possess, in State waters, an amount of banded morwong that exceeds the relevant quota unit balance for that licence.

Penalty:  Grade 3 penalty.

(3)  [Rule 69 Subrule (3) substituted by S.R. 2023, No. 71, Applied:01 Nov 2023] If the Minister is satisfied that the holder of a fishing licence (banded morwong) has committed an offence under subrule (1) but that the total amount of banded morwong landed by the licence holder does not exceed the relevant quota unit balance for the licence by more than 30% and the licence holder –

(a) pays or agrees to pay an administrative penalty to the Crown by such date, or within such period, as that person and the Minister have agreed for the purpose; or

(b) does one of the following:

(i) does not commence another fishing trip until additional banded morwong quota units are specified on the licence so as to make the relevant quota unit balance for the licence greater than zero;

(ii) requests (if another fishing trip does not commence in the quota year during which the excess banded morwong are taken or possessed) that the Secretary deduct from the relevant quota unit balance for the licence for the following quota year an amount of banded morwong equivalent to the banded morwong caught in excess of the relevant quota unit balance –

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, the unpaid amount may be recovered in a court of competent jurisdiction as a debt due to the Crown.

(5)  [Rule 69 Subrule (5) inserted by S.R. 2023, No. 71, Applied:01 Nov 2023] Despite subrule (1) , the holder of a fishing licence (banded morwong) is not guilty of an offence under that subrule in respect of any banded morwong if –

(a) the total amount of banded morwong exceeds the relevant quota unit balance for the licence by more than 30%; and

(b) the licence holder –

(i) makes a payment to the Minister, in respect of the banded morwong caught in excess of the relevant quota unit balance for the licence, of an amount equivalent to 2 times the beach price of the excess banded morwong and the Minister accepts that payment; or

(ii) does one of the following:

(A) does not commence another fishing trip until additional banded morwong quota units are specified on the licence so as to make the relevant quota unit balance for the licence greater than zero;

(B) requests (if another fishing trip does not commence in the quota year during which the excess banded morwong are taken or possessed) that the Secretary deduct from the relevant quota unit balance for the licence for the following quota year an amount of banded morwong equivalent to the amount of banded morwong caught in excess of the relevant quota unit balance.

(6)  [Rule 69 Subrule (6) inserted by S.R. 2023, No. 71, Applied:01 Nov 2023] If a quantity of banded morwong caught in excess of the relevant quota unit balance for a licence is not accounted for under subrule (3) or subrule (5), the Minister is to deduct the excess amount of banded morwong, up to a maximum of 30% above the relevant quota unit balance for the licence, from –

(a) the relevant quota unit balance for the licence for the quota year during which the excess banded morwong are taken or possessed; or

(b) the quota unit balance for the licence for a subsequent quota year.

(7)  [Rule 69 Subrule (7) inserted by S.R. 2023, No. 71, Applied:01 Nov 2023] Nothing in subrule (6) is to be taken to prevent any proceedings or other action from being taken in respect of the taking or possession of the excess banded morwong that exceeds the relevant quota unit balance for a licence by more than 30%.

70.   

[Rule 70 Rescinded by S.R. 2023, No. 71, Applied:01 Nov 2023] .  .  .  .  .  .  .  .  

Subdivision 2 - Taking, &c., of banded morwong

71.   Taking and possession of banded morwong

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.

72.   Buoys for commercial graball nets used in banded morwong fishery

If the holder of a fishing licence (banded morwong) uses graball nets to take banded morwong in accordance with the licence, those nets may be marked with buoys that are –

(a) any colour; and

(b) any shape.

73.   Taking and possessing banded morwong in TAC area

(1)  The holder of a fishing licence (banded morwong) must make a report, to the reporting service, in relation to his or her intention to take banded morwong for commercial purposes in the TAC area, before entering the TAC area.

Penalty:  Grade 3 penalty.

(2)  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 on the licence.

Penalty:  Grade 2 penalty.

(3)  However, subrule (2) does not apply to banded morwong possessed by the licencee in the TAC area if –

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

(b) the licencee made a report, to the reporting service, in relation to the transportation of the banded morwong into the TAC area, no earlier than 2 hours before entering the TAC area.

(4)  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.

74.   Single area trips

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.

75.   Transfer of banded morwong to fish processors

(1)  If the holder of a fishing licence (banded morwong) transports banded morwong outside the landing area to a fish processor, the holder of a fishing licence (banded morwong) must –

(a) complete Part A of a banded morwong quota docket before the banded morwong are removed from the landing area; and

(b) [Rule 75 Subrule (1) amended by S.R. 2023, No. 71, Applied:01 Nov 2023] before removing banded morwong from the landing area, make a report to the reporting service in relation to the intention to remove the banded morwong from the landing area; and

(c) [Rule 75 Subrule (1) amended by S.R. 2023, No. 71, Applied:01 Nov 2023] send the original sheet of the completed banded morwong quota docket, and associated scalefish return, to the Secretary within 48 hours of the time of the receipt as recorded in Part B of the docket.

Penalty:  Grade 3 penalty.

(2)  If the holder of a fishing licence (banded morwong) sells or transfers, within the landing area, banded morwong to a fish processor, the holder of the fishing licence (banded morwong) must –

(a) complete Part A of a banded morwong quota docket before the banded morwong are removed from the landing area; and

(ab) [Rule 75 Subrule (2) amended by S.R. 2023, No. 71, Applied:01 Nov 2023] before the banded morwong are removed from the landing area, make a report to the reporting service in relation to the intention to remove the banded morwong from the landing area; and

(ac) [Rule 75 Subrule (2) amended by S.R. 2023, No. 71, Applied:01 Nov 2023] if the processor’s premises are within 100 metres of the landing area, not remove the banded morwong from the landing area for at least 30 minutes after the report is made to the reporting service; and

(b) [Rule 75 Subrule (2) amended by S.R. 2023, No. 71, Applied:01 Nov 2023] send the original sheet of the completed banded morwong quota docket, and associated scalefish return, to the Secretary within 48 hours of the time of the receipt as recorded in Part B of the docket.

Penalty:  Grade 3 penalty.

(3)  A fish processor must complete Part B of the banded morwong quota docket on receipt of banded morwong under this rule.

Penalty:  Grade 3 penalty.

75A.   Transfer of banded morwong to receiver other than fish processor

[Rule 75A Inserted by S.R. 2023, No. 71, Applied:01 Nov 2023]

(1)  If the holder of a fishing licence (banded morwong) transports banded morwong outside the landing area to a person who is not a fish processor, the holder of the fishing licence (banded morwong) must –

(a) complete Part A of a banded morwong quota docket before the banded morwong are removed from the landing area; and

(b) before the banded morwong are removed from the landing area, make a report to the reporting service in relation to the intention to remove the banded morwong from the landing area; and

(c) send the original sheet of the completed banded morwong quota docket and associated scalefish return to the Secretary within 48 hours of the time of the receipt as recorded in Part B of the docket.

Penalty:  Grade 3 penalty.

(2)  If the holder of a fishing licence (banded morwong) sells or transfers, within the landing area, banded morwong to a person who is not a fish processor, the holder of the fishing licence (banded morwong) must –

(a) complete Part A of a banded morwong quota docket before the banded morwong are removed from the landing area; and

(b) before the banded morwong are removed from the landing area, make a report to the reporting service in relation to the intention to remove the banded morwong from the landing area; and

(c) if the premises to which the banded morwong are to be removed are within 100 metres of the landing area, not move the banded morwong for at least 30 minutes after the report is made to the reporting service; and

(d) send the original sheet of the completed banded morwong quota docket and associated scalefish return to the Secretary within 48 hours of the time of the receipt as recorded in Part B of the docket; and

(e) ensure that the receiver completes Part B of the banded morwong quota docket upon receipt of the banded morwong under this rule.

Penalty:  Grade 3 penalty.

(3)  A person receiving banded morwong within the landing area, from the holder of a fishing licence (banded morwong), must complete Part B of the banded morwong quota docket upon receipt of the banded morwong under this rule.

Penalty:  Grade 3 penalty.

76.   Records to be completed

The holder of a fishing licence (banded morwong) who lands banded morwong that have been taken from, or possessed in, State waters must complete the approved records before the banded morwong leave the landing area.

Penalty:  Grade 3 penalty.

Division 6 - Octopus

77.   Grant of fishing licence (octopus)

Schedule 14 has effect with respect to the granting of a fishing licence (octopus).

78.   Authority of fishing licence (octopus)

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

(a) Octopus pallidus;

(b) Octopus tetricus;

(c) [Rule 78 Subrule (1) amended by S.R. 2023, No. 71, Applied:01 Nov 2023] Macroctopus maorum.

(2)  A fishing licence (octopus) authorises its holder to take octopus in the 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 2 penalty.

79.   Taking and possessing octopus

(1)  The holder of a fishing licence (personal) 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 also the holder of a fishing licence (octopus).

Penalty:  Grade 3 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 Mason Point, unless the person is the holder of a fishing licence (personal).

Penalty:  Grade 3 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 Mason 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 Mason Point –

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

Penalty:  Grade 3 penalty.

80.   Restricted areas to take octopus

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 6 ; or

(b) the waters in the north-east region specified in Part 2 of Schedule 6 ; or

(c) a shark refuge area.

Penalty:  Grade 3 penalty.

81.   Using octopus pots

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

Penalty:  Grade 2 penalty.

(2)  Unless otherwise authorised by the Secretary, the holder of a fishing licence (octopus) must not use an octopus pot with a door, a flap or other device that would restrict an octopus from escaping from the octopus pot.

Penalty:  Grade 2 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)  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.

82.   Setting octopus pots

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 securely attached to a surface buoy; and

(c) each surface buoy attached to the longline is clearly and legibly marked with –

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

(ii) the letters "OP".

Penalty:  Grade 1 penalty.

Division 7 - Other fish

83.   Mackerel

(1)  A person must not take, or be in possession of, more than 100 kilograms of mackerel on a licenced fishing vessel if the vessel is in State waters and is more than 20 metres in length.

Penalty:  Grade 3 penalty.

(2)  Subrule (1) does not apply to –

(a) a person who 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) 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) the holder of a mackerel fishing licence.

84.   Marblefish

(1)  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 the holder of a fishing licence (rock lobster) from taking or using marblefish for bait in accordance with that licence.

85.   Sharks

(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) for commercial purposes unless the person is the holder of an appropriate authority and is fishing in accordance with 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)  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.

86.   Southern calamari

(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) a fishing licence of 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)  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)  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.

87.   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:  Grade 2 penalty.

(2)  The holder of a fishing licence (personal) must not be in possession of live or dead wrasse in State waters that have a total weight exceeding 30 kilograms unless the person is –

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

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

Penalty:  Grade 2 penalty.

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

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

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

Penalty:  Grade 2 penalty.

(4)  A person who holds both a fishing licence (wrasse) and a fishing licence (rock lobster) is authorised to take, and possess, wrasse in –

(a) any waters in which the person is authorised to take wrasse under his or her fishing licence (wrasse); and

(b) any waters in which the person is authorised to take rock lobster under his or her fishing licence (rock lobster).

87A.   Sand flathead

[Rule 87A Inserted by S.R. 2023, No. 71, Applied:01 Nov 2023] A person must not take sand flathead in State waters for commercial purposes.

Penalty:  Grade 2 penalty.

Division 8 - Catch and by-catch limits

88.   Certain scalefish limits

(1)  [Rule 88 Subrule (1) amended by S.R. 2023, No. 71, Applied:01 Nov 2023] The holder of a fishing licence (personal) who is not operating in accordance with a Commonwealth authority must not, in State waters, take, or be in possession of, more than–

(a) 200 kilograms of any species or type of scalefish covered under the Commonwealth Act, other than the species specified in paragraph (c); or

(b) 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) 2 fish in total of bigeye tuna and yellowfin tuna;

(iii) 50 kilograms in total of hapuku, bass and bass groper;

(iv) 50 kilograms of blue-eye trevalla;

(v) 100 kilograms of blue grenadier;

(vi) 50 kilograms of gemfish;

(vii) 50 kilograms of redfish; or

(c) take, or be in possession of, the following fish:

(i) billfish;

(ii) black oreodory;

(iii) deepwater flathead;

(iv) king dory;

(v) northern bluefin tuna;

(vi) orange roughy;

(vii) ox-eye oreodory;

(viii) smooth oreodory;

(ix) southern bluefin tuna;

(x) spiky oreodory;

(xi) warty oreodory;

(xii) yelloweye redfish.

Penalty:  Grade 2 penalty.

(2)  Subrule (1) does not apply to the holder of a fishing licence (rock lobster).

(3)  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 9 in State waters.

Penalty:  Grade 2 penalty.

(4)  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) snapper;

(b) [Rule 88 Subrule (4) amended by S.R. 2023, No. 71, Applied:01 Nov 2023] .  .  .  .  .  .  .  .  

(c) yellowtail kingfish.

Penalty:  Grade 3 penalty.

(5)  [Rule 88 Subrule (5) substituted by S.R. 2023, No. 71, Applied:01 Nov 2023] The holder of a fishing licence (personal) must not –

(a) take, on a fishing trip, more than –

(i) in the eastern region, 100 kilograms of bastard trumpeter; or

(ii) in the western region, 200 kilograms of bastard trumpeter; or

(b) be in possession of –

(i) in the eastern region, more than 100 kilograms of bastard trumpeter at any one time; or

(ii) in the western region, more than 200 kilograms of bastard trumpeter at any one time.

Penalty:  Grade 3 penalty.

(6)  [Rule 88 Subrule (6) inserted by S.R. 2023, No. 71, Applied:01 Nov 2023] The holder of a fishing licence (personal) must not, in State waters, take more than 300 kilograms of garfish in any one day, including king gar.

Penalty:  Grade 3 penalty.

(7)  [Rule 88 Subrule (7) inserted by S.R. 2023, No. 71, Applied:01 Nov 2023] The holder of a fishing licence (personal) must not, in State waters, take more than 300 kilograms of jackass morwong in any one day.

Penalty:  Grade 3 penalty.

(8)  [Rule 88 Subrule (8) inserted by S.R. 2023, No. 71, Applied:01 Nov 2023] The holder of a fishing licence (personal) must not –

(a) take, on a fishing trip, more than –

(i) in the eastern region, 150 kilograms of striped trumpeter; and

(ii) in the western region, 250 kilograms of striped trumpeter; or

(b) in State waters, be in possession of more than 250 kilograms of striped trumpeter at any one time.

Penalty:  Grade 3 penalty.

(9)  [Rule 88 Subrule (9) inserted by S.R. 2023, No. 71, Applied:01 Nov 2023] The holder of a fishing licence (personal) must not, in State waters, take more than 300 kilograms of blue warehou in any one day.

Penalty:  Grade 3 penalty.

89.   Certain scalefish limits for holder of fishing licence (rock lobster)

(1)  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 apparatus 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:  Grade 3 penalty.

(1A)  [Rule 89 Subrule (1A) inserted by S.R. 2023, No. 71, Applied:01 Nov 2023] A person who is the holder of a fishing licence (rock lobster) and a scalefish licence must, prior to commencing a fishing trip, make a report to a reporting service in which the person nominates a licence, held by the person, under the authority of which the person intends to take scalefish on the fishing trip.

Penalty:  Grade 3 penalty.

(2)  [Rule 89 Subrule (2) amended by S.R. 2023, No. 71, Applied:01 Nov 2023] The holder of a fishing licence (rock lobster), when fishing under the authority of that licence, must not, in State waters –

(a) 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) [Rule 89 Subrule (2) amended by S.R. 2023, No. 71, Applied:01 Nov 2023] 30 kilograms of bastard trumpeter;

(iii) 100 kilograms of blue-eye trevalla;

(iv) [Rule 89 Subrule (2) amended by S.R. 2023, No. 71, Applied:01 Nov 2023] 80 kilograms of blue warehou;

(v) [Rule 89 Subrule (2) amended by S.R. 2023, No. 71, Applied:01 Nov 2023] 20 kilograms of flathead;

(vi) 20 kilograms of garfish;

(vii) 50 kilograms of gemfish;

(viii) 50 kilograms of inshore crab;

(ix) [Rule 89 Subrule (2) amended by S.R. 2023, No. 71, Applied:01 Nov 2023] 40 kilograms of jackass morwong;

(x) [Rule 89 Subrule (2) amended by S.R. 2023, No. 71, Applied:01 Nov 2023] 200 kilograms of pink ling; or

(xi) [Rule 89 Subrule (2) amended by S.R. 2023, No. 71, Applied:01 Nov 2023] .  .  .  .  .  .  .  .  

(b) 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) yelloweye redfish; or

(c) land or unload more than –

(i) 150 kilograms of Australian salmon; or

(ii) 30 kilograms of wrasse, unless the person is also a holder of a fishing licence (wrasse).

Penalty:  Grade 3 penalty.

90.   Bait fish, small pelagic species & king gar limits

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) [Rule 90 Amended by S.R. 2023, No. 71, Applied:01 Nov 2023] 10 kilograms of Australian sardine, except where the holder of the licence –

(i) is authorised, by the Secretary on the relevant licence, to take more than 10 kilograms of Australian sardine; and

(ii) complies with each condition imposed by the Secretary as part of that authorisation; and

(iii) has paid all applicable fees, charges and royalties under the Act in respect of the authorisation;

(c) 10 kilograms of Australian sprat;

(d) 10 kilograms of blue sprat;

(e) 10 kilograms of hardyhead;

(f) 20 kilograms of king gar.

Penalty:  Grade 3 penalty.

91.   Boarfish limits

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:  Grade 3 penalty.

92.   Inshore crab limits

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 3 penalty.

93.   Squid limits for holders of fishing licence (scalefish C)

(1)  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:  Grade 3 penalty.

(2)  Subrule (1) does not apply to a person who holds both a fishing licence (scalefish C) and a fishing licence of class seine.

93A.   Defence for certain offences

[Rule 93A Inserted by S.R. 2023, No. 71, Applied:01 Nov 2023] It is a defence in proceedings for an offence under this Division, in relation to the possession of scalefish in excess of a daily possession limit under a fishing licence of class scalefish, if the licence holder establishes that –

(a) the scalefish that were in the possession of the licence holder were taken by the licence holder during a fishing trip that lasted longer than one day; and

(b) the scalefish in excess of the daily possession limit for those scalefish –

(i) were taken by the licence holder on a previous day of the fishing trip; and

(ii) were recorded, in accordance with these rules or the Fisheries (Rock Lobster) Rules 2022, on a scalefish return for that previous day.

Division 9 - Commercial fishing apparatus

Subdivision 1 - General

94.   Fishing apparatus generally

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

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

(b) is in excess of the amount of apparatus authorised under a licence or authority held by that person.

Penalty:  Grade 3 penalty.

(2)  However, subrule (1) does not apply to a person who takes scalefish in accordance with a licence, or Commonwealth authority, that authorises the use of that fishing apparatus to take scalefish.

Subdivision 2 - Buoys

95.   Marker buoys for fish traps and fish caufs

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

Penalty:   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 "FT" by attaching it to the hauling line of that fish trap within one metre of the main buoy.

Penalty:   Grade 1 penalty.

96.   Marker buoys used on other commercial fishing apparatus

(1)  The holder of a commercial fishing licence that authorises the use of –

(a) a gillnet; or

(b) a longline; or

(c) a dropline –

must not use that net or line unless the net or line has the distinguishing mark in respect of the fishing vessel from which it is used marked on each of the marker buoys used to mark the net or line.

Penalty:   Grade 2 penalty.

(2)  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 buoy and at the other end by a white buoy; or

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

(b) at least one buoy on the net is –

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

(ii) designed specifically as a buoy.

Penalty:   Grade 1 penalty.

Subdivision 3 - Danish seine nets

97.   Use and possession of trawl nets

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

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

(b) is in possession of a trawl net in accordance with a Commonwealth authority that authorises the use of a type of trawl net.

Penalty:  Grade 3 penalty.

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

Penalty:  Grade 3 penalty.

98.   Fishing licence (Danish seine)

The holder of a fishing licence (Danish seine) must not –

(a) possess 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:  Grade 3 penalty.

99.   Restrictions on fishing licence (Danish seine)

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

Penalty:  Grade 2 penalty.

(2)  If a Danish seine net has a whiting codend attached, the holder of a fishing licence (Danish seine) 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:  Grade 2 penalty.

(3)  The holder of a fishing licence (Danish seine) 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) Anderson Bay;

(c) Frederick Henry Bay and Norfolk Bay;

(d) Great Oyster Bay;

(e) Mercury Passage;

(f) 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;

(g) the River Derwent;

(h) the D'Entrecasteaux Channel.

Penalty:  Grade 2 penalty.

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

100.   Fishing licence (limited Danish seine)

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

(a) possess 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 under that licence.

Penalty:  Grade 3 penalty.

101.   Restrictions on fishing licence (limited Danish seine)

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

Penalty:  Grade 2 penalty.

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

(a) [Rule 101 Subrule (2) amended by No. 17 of 1996, Applied:12 Apr 2017] in the north by an imaginary straight line originating from Tasman Head on South Bruny Island at latitude 43°30'58"S/ longitude 147°17'40. 3"E and finishing at Cape Raoul on the Tasman Peninsula at latitude 43°14'32.8"S/ longitude 147°47'58"E; and

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

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

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

Penalty:  Grade 2 penalty.

102.   Fishing licence (limited Danish seine) ceases to have effect

The Minister may cancel a fishing licence (limited Danish seine) 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.

Subdivision 4 - Gillnets

103.   Use of small-mesh gillnets

(1)  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:   Grade 2 penalty.

(3)  The holder of both a fishing licence (small-mesh gillnet) and a scalefish licence must not possess on a fishing vessel, or use, one or more small-mesh gillnets and one or more graball nets if the combined length of the nets exceeds the greater of the following lengths:

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

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

Penalty:   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:  Grade 2 penalty.

104.   Setting of gillnets

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

Penalty:  Grade 2 penalty.

(2)  A person must not set or leave a commercial gillnet, that is not a shark net, in State waters between –

(a) one hour after sunset; and

(b) one hour before sunrise –

unless the person is the holder of a fishing licence of class scalefish or a fishing licence (small-mesh gillnet).

Penalty:  Grade 2 penalty.

(3)  Subrules (1) and (2) do not apply to –

(a) 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

(b) [Rule 104 Subrule (3) amended by S.R. 2023, No. 71, Applied:01 Nov 2023] the setting or leaving of a commercial gillnet, as authorised under a scalefish licence, if the net is attended by the holder of the scalefish licence; or

(c) [Rule 104 Subrule (3) amended by S.R. 2023, No. 71, Applied:01 Nov 2023] the setting or leaving of a commercial gillnet in the waters of Macquarie Harbour that is in accordance with a fishing licence (scalefish A), or fishing licence (scalefish B), endorsed to take scalefish for commercial purposes in Macquarie Harbour.

(4)  [Rule 104 Subrule (4) inserted by S.R. 2023, No. 71, Applied:01 Nov 2023] The holder of a fishing licence (scalefish A), or fishing licence (scalefish B), endorsed to take scalefish for commercial purposes in Macquarie Harbour, must not set or leave a gillnet –

(a) in Macquarie Harbour Internal Waters; or

(b) for a continuous period of more than 2 hours between one hour after sunrise and one hour before sunset on any day.

Penalty:  Grade 2 penalty.

(5)  [Rule 104 Subrule (5) inserted by S.R. 2023, No. 71, Applied:01 Nov 2023] Despite subrule (4)(b) , the holder of a fishing licence (scalefish A), or fishing licence (scalefish B), endorsed to take scalefish for commercial purposes in Macquarie Harbour, may set or leave a gillnet from one hour before sunset until one hour before sunrise on the following day between 15 April and 14 November in any calendar year.

105.   Possession of graball nets

(1)  A person must not possess on a fishing vessel, or use, a 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:  Grade 2 penalty.

(2)  The holder of a fishing licence (scalefish A) or a fishing licence (scalefish B) must not possess 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 using or possessing more than half the amount of commercial graball net authorised under the licence.

Penalty:  Grade 2 penalty.

106.   Shark nets

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 that authorises the possession of a shark net.

Penalty:  Grade 3 penalty.

Subdivision 5 - Seine nets

107.   Taking fish by purse seine nets

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:  Grade 2 penalty.

108.   Seine nets on fishing vessels

A person must not possess on a fishing vessel, or use, in State waters –

(a) a purse seine net, unless the person is the holder of –  

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

(ii) a fishing licence (Australian salmon); or

(b) a lampara net, unless the person is the holder of a fishing licence (purse seine net) and the fishing vessel is the vessel specified on that licence.

Penalty:  Grade 2 penalty.

109.   Use of beach seine net

(1)  The holder of 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) Port Sorell;

(b) [Rule 109 Subrule (1) amended by S.R. 2023, No. 71, Applied:01 Nov 2023] the waters between Point Sorell near Devonport and North Point at Stanley;

(c) [Rule 109 Subrule (1) amended by S.R. 2023, No. 71, Applied:01 Nov 2023] Georges Bay.

Penalty:  Grade 2 penalty.

(2)  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:  Grade 2 penalty.

110.   Taking fish by lampara nets

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

Penalty:  Grade 2 penalty.

Subdivision 6 - Vessels

111.   Fishing apparatus on commercial fishing trips

(1)  During a fishing trip for taking scalefish for commercial purposes, a person must not possess on a fishing vessel, or use, fishing apparatus that is in excess of that authorised by an apparatus licence when taking scalefish under the authority of that apparatus licence.

Penalty:  Grade 3 penalty.

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

112.   Fishing apparatus on vessels transporting other vessels

A person on a fishing vessel that is used to transport another fishing vessel must not –

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

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

Penalty:  Grade 3 penalty.

113.   Mother boating permitted in certain circumstances

(1)  [Rule 113 Subrule (1) substituted by S.R. 2023, No. 71, Applied:01 Nov 2023] The holder of a fishing licence (vessel) for a mother boat must not, during a fishing trip involving the mother boat, take scalefish from the mother boat.

Penalty:  Grade 3 penalty.

(2)  The holder of a fishing licence (vessel) for a mother boat must not use the mother boat for landing 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 prohibits the holder of a fishing licence (vessel) in respect of a mother boat from being in possession of, or transporting on board the mother boat, prescribed scalefish taken by a prescribed licensee.

114.   Auxiliary vessels

(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, use –

(a) more than 2 auxiliary vessels; or

(b) an auxiliary vessel that is longer than the fishing vessel specified in the fishing licence (vessel).

Penalty:  Grade 2 penalty.

(2)  A person to whom subrule (1) does not apply must not, in taking scalefish, use –

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

(b) an auxiliary vessel that is longer than that fishing vessel.

Penalty:  Grade 2 penalty.

(3)  The holder of a fishing licence (vessel) must ensure that each side of the hull of an auxiliary vessel 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 auxiliary vessel.

Penalty:  Grade 2 penalty.

115.   Squid jigs on auxiliary vessels

The holder of a fishing licence (vessel) who holds an authorisation to possess on a fishing vessel, or use, squid jigs must not use squid jigs from an auxiliary vessel while using squid jigs from the authorised fishing vessel specified on the licence.

Penalty:  Grade 2 penalty.

116.   Using or possessing squid jigs at same time as seine nets in south-east waters

(1)  A person must not possess on a fishing vessel, or use, a squid jig in south-east waters while possessing on a fishing vessel, or using, a purse seine net, beach seine net or Danish seine net on the fishing vessel.

Penalty:  Grade 2 penalty.

(2)  Subrule (1) does 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.

Subdivision 7 - Other apparatus

117.   Restrictions on use of landing nets

While 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.

118.   Restrictions relating to fish caufs

(1)  The holder of a scalefish licence must not –

(a) be in possession of a fish cauf in State waters; or

(b) place any fish in a fish cauf –

unless the licence is endorsed for the use of a fish cauf.

Penalty:  Grade 3 penalty.

(2)  The holder of a scalefish licence that is endorsed for the use of a fish cauf must not use a fish cauf except in accordance with that endorsement.

Penalty:  Grade 2 penalty.

(3)  The holder of a scalefish licence that is endorsed for the use of a fish cauf must ensure the fish cauf is marked in accordance with rule 95 .

Penalty:  Grade 3 penalty.

119.   Restrictions relating to holding tanks

(1)  The holder of a scalefish licence must not –

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

(b) place any fish 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 scalefish licence that is endorsed for the use of a holding tank must not use a holding tank except in accordance with that endorsement.

Penalty:  Grade 2 penalty.

120.   Records relating to fish caufs and holding tanks

(1)  The holder of a scalefish licence 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.

(2)  The holder of a scalefish licence that is endorsed for the use of a holding tank must keep approved records in relation to the use of that holding tank.

Penalty:  Grade 3 penalty.

PART 4 - Non-commercial Fishing

Division 1 - General

121.   Application of Part

Unless otherwise specified, this Part does not apply to fishing for commercial purposes.

122.   Licence holdings for recreational fishing

(1)  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.

(2)  A person who has not attained the age of 10 years is not eligible to hold the following licences:

(a) fishing licence (recreational graball net);

(b) fishing licence (recreational mullet net);

(c) fishing licence (recreational set line).

123.   Non-commercial catch limits

(1)  This rule does not apply to a person in possession of fish if the person has proof that the fish were purchased.

(2)  A person must not, in any one day, take more of a species, or a type, of scalefish than the bag limit specified for that species or type of scalefish in Schedule 4 or 5.

Penalty:  Grade 3 penalty.

(3)  A person must not possess more of a species, or a type, of scalefish than –

(a) in the case of a species or type of scalefish referred to in Schedule 4, the possession limit specified for that species or type of scalefish in that Schedule; and

(b) in the case of a species or type of scalefish referred to in Schedule 5, the possession limit specified for that species or type of scalefish in that Schedule.

Penalty:  Grade 3 penalty.

(4)  For the purposes of subrule (3) , fish kept at the principal residence of a person are taken to be in his or her possession.

(5)  Unless otherwise specified, a person in charge of a vessel must not, in any one day, be in possession of, or have on board the vessel, more of a species or type of scalefish than the boat limit specified for that species or type of scalefish in Schedule 5.

Penalty:  Grade 3 penalty.

(6)  For the purposes of subrule (5) , a species or type of scalefish that is in the possession of a person, or on board, a subsidiary vessel of a vessel is taken to be in possession of a person, or on board, the vessel.

Division 2 - Non-commercial apparatus

Subdivision 1 - General

124.   Permitted fishing apparatus

(1)  Unless otherwise authorised by a licence, a person must not take scalefish, using any fishing apparatus other than the following:

(a) lines, electric fishing reels or auxiliary fishing apparatus, with no more than 5 hooks attached to each of the lines or fishing apparatus, where the lines or fishing apparatus 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) one bait trap;

(c) one bait pump;

(d) one cast net;

(e) lines with no more than 3 squid jigs attached to each line;

(f) one bait net;

(g) spears;

(h) landing nets;

(i) one dipnet.

Penalty:  Grade 2 penalty.

(2)  Subrule (1) does not apply to an Aborigine engaged in Aboriginal activity taking scalefish using the following fishing apparatus:

(a) a gillnet;

(b) a beach seine net;

(c) a set line.

125.   Unique identifying code for certain fishing apparatus

(1)  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 unique number to the fishing licence; and

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

(2)  On receipt of an application from an Aborigine for the allotment of a unique number, the Secretary may –

(a) allot a unique number to the Aborigine; or

(b) refuse to allot a unique number to the Aborigine.

(3)  If the Secretary allots a unique number to the Aborigine, the Secretary must advise the Aborigine of the allotted number.

(4)  If the Secretary does not allot a unique number to the Aborigine, the Secretary must give written reasons for his or her decision to the Aborigine.

(5)  The Secretary may approve a means of allotting a unique number to an Aborigine intending to engage in an Aboriginal activity, and a number allotted by those means is taken to have been allotted by the Secretary.

Subdivision 2 - Buoys and tags

126.   Fishing apparatus tags used for recreational fishing

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

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

(b) a fishing licence (recreational mullet net;

(c) a fishing licence (recreational set line)).

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

Penalty:  Grade 2 penalty.

(3)  If a tag issued in relation to fishing apparatus under subrule (1) is lost or destroyed –

(a) the holder of the licence may use the fishing apparatus without a tag for 14 days after the date on which the tag was lost or destroyed, if a buoy attached to the fishing apparatus 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 apparatus under that licence if the tag issued in respect of that fishing apparatus is lost or destroyed unless a buoy is attached to it and the buoy is clearly marked in accordance with subrule (3)(a) .

Penalty:  Grade 2 penalty.

Subdivision 3 - Set lines

127.   Droplines

(1)  A person who uses a dropline must –

(a) attach a marker buoy, that is marked, legibly and clearly with the letters "DL", to the dropline; and

(b) ensure that the marker buoy is securely attached to the upper end of the dropline.

Penalty:  Grade 2 penalty.

(2)  Subrule (1) does not apply to an Aborigine who uses, while engaging in an Aboriginal activity, a dropline if –

(a) a buoy, marked with the letters "DL", is attached to the dropline; and

(b) an approved tag is attached to the buoy, or the buoy line, on the dropline; and

(c) the tag is marked, clearly and legibly, with the unique identifying code for the person; and

(d) the tag so attached is –

(i) above the surface of the water; or

(ii) on the surface of the water; or

(iii) within 300mm of the surface of the water.

128.   Longlines

(1)  A person who uses a longline must –

(a) attach a marker buoy, that is marked, legibly and clearly, with the letters "LL", to the longline; and

(b) ensure that a marker buoy is securely attached to each end of the longline.

Penalty:  Grade 2 penalty.

(2)  Subrule (1) does not apply to an Aborigine who uses, while engaging in an Aboriginal activity, a longline if –

(a) a buoy, marked with the letters "LL", is attached to the longline; and

(b) an approved tag is attached to the buoy, or the buoy line, on the longline; and

(c) the tag is marked, clearly and legibly, with the unique identifying code for the person; and

(d) the tag so attached is –

(i) above the surface of the water; or

(ii) on the surface of the water; or

(iii) within 300mm of the surface of the water.

129.   Individual and combined set lines

(1)  A person must not take scalefish using a set line 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 must not take scalefish using more than one set line, including a set line used as part of a combined set line.

Penalty:  Grade 2 penalty.

(3)  A person must not take scalefish using a set line that has more than 15 hooks.

Penalty:  Grade 2 penalty.

(4)  A person must not set or leave a set line in State waters between –

(a) one hour before sunset; and

(b) one hour before sunrise.

Penalty:  Grade 2 penalty.

(5)  A person possessing set lines on a vessel must ensure that, at any one time, no more than 4 set lines are on the vessel.

Penalty:  Grade 2 penalty.

130.   Combined set lines

(1)  A person must not combine one of their set lines with the set line of another person and set it in water of a depth less than 150 metres unless –

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

(b) the other person is –

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

(ii) an Aborigine engaged in an Aboriginal activity; and

(c) the other person is present on the vessel when the combined set line is set and retrieved; and

(d) the total number of hooks on the combined set line is not more than 30.

Penalty:  Grade 2 penalty.

(2)  A person must not combine one of their set lines with the set line of another person and set it in water of a depth of 150 metres or more unless –

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

(b) each of the other persons is –

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

(ii) an Aborigine engaged in an Aboriginal activity; and

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

(d) the total number of hooks on the combined set line is not more than 60.

Penalty:  Grade 2 penalty.

(3)  A person who uses a combined set line must –

(a) comply with rule 127 or 128 , whichever is relevant to the set line; and

(b) ensure that each person who combines his or her set line into the combined set line has also complied with rule 127 or 128 , whichever is relevant to the set line.

Penalty:  Grade 2 penalty.

Subdivision 4 - Nets

131.   Beach seine nets

(1)  A person must not take scalefish using a beach seine net unless the person is –

(a) the holder of a fishing licence (recreational beach seine net); or

(b) an Aborigine engaged in an Aboriginal activity.

Penalty:  Grade 3 penalty.

(2)  The holder of a fishing licence (recreational beach seine net), or an Aborigine engaged in an Aboriginal activity, may not take scalefish using –

(a) more than one beach seine net; or

(b) a beach seine net more than 50 metres in length.

Penalty:  Grade 3 penalty.

132.   Cast nets

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

Penalty:  Grade 2 penalty.

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

Penalty:  Grade 2 penalty.

133.   Gillnets

(1)  A person must not take scalefish using, at any one time, more gillnets than –

(a) one graball net; and

(b) one mullet net.

Penalty:  Grade 3 penalty.

(2)  Unless otherwise specified, a person using a gillnet must ensure that –

(a) the net is marked with 2 white marker buoys, with one attached to each end of the gillnet; and

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

Penalty:   Grade 2 penalty.

(3)  A person in charge of a vessel must ensure that, at any one time, no more than 3 gillnets are on, or being used from, the vessel.

Penalty:  Grade 2 penalty.

(4)  [Rule 133 Subrule (4) substituted by S.R. 2023, No. 71, Applied:01 Nov 2023] A person must not set or use a gillnet in Macquarie Harbour Internal Waters.

Penalty:  Grade 2 penalty.

(5)  [Rule 133 Subrule (5) substituted by S.R. 2023, No. 71, Applied:01 Nov 2023] A person must not –

(a) leave a gillnet in a shark refuge area, unless the person is within 50 metres of that gillnet at all times while it is set in that area; or

(b) in State waters other than a shark refuge area, set or leave a gillnet for a continuous period of more than 2 hours; or

(c) in Macquarie Harbour, set or leave a gillnet for a continuous period of more than 2 hours.

Penalty:  Grade 2 penalty.

(5A)  [Rule 133 Subrule (5A) inserted by S.R. 2023, No. 71, Applied:01 Nov 2023] A person must not set a gillnet –

(a) in waters greater than 20 metres in depth; or

(b) in waters more than 250 metres from the high water mark.

Penalty:  Grade 2 penalty.

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

(a) one hour before sunset; and

(b) sunrise.

Penalty:  Grade 2 penalty.

(7)  [Rule 133 Subrule (7) substituted by S.R. 2023, No. 71, Applied:01 Nov 2023] Despite subrules (5) and (6) , a person may set or leave a graball net in the waters of Macquarie Harbour between –

(a) sunrise; and

(b) two hours after sunset on that day.

(8)  [Rule 133 Subrule (8) substituted by S.R. 2023, No. 71, Applied:01 Nov 2023] A graball net set or left in Macquarie Harbour in the two-hour period commencing at sunset on any day must be marked at each end with a buoy that –

(a) is spherical; 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.

(9)  [Rule 133 Subrule (9) substituted by S.R. 2023, No. 71, Applied:01 Nov 2023] A person must not set a graball net marked in accordance with subrule (8) in Macquarie Harbour between –

(a) sunrise; and

(b) sunset.

Penalty:  Grade 2 penalty.

134.   Graball nets

(1)  A person must not take scalefish using a graball net unless the person is –

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

(b) an Aborigine engaged in an Aboriginal activity.

Penalty:  Grade 3 penalty.

(2)  A person must not use a graball net that is more than 50 metres in length.

Penalty:  Grade 3 penalty.

(3)  A person who uses a graball net must –

(a) attach a marker buoy, that is marked, legibly and clearly, with the letter "G", to the graball net; and

(b) ensure the unique identifying code for the person is marked on the buoy.

Penalty:  Grade 2 penalty.

(4)  Subrule (3) does not apply to an Aborigine who uses, while engaging in an Aboriginal activity, a graball net if –

(a) a buoy, marked with the letter "G", is attached to the graball net; and

(b) an approved tag is attached to the buoy, or the buoy line, on the graball net; and

(c) the tag is marked, clearly and legibly, with the unique identifying code for the person; and

(d) the tag so attached is –

(i) above the surface of the water; or

(ii) on the surface of the water; or

(iii) within 300mm of the surface of the water.

135.   Mullet nets

(1)  A person must not take scalefish using a mullet net unless the person is –

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

(b) an Aborigine engaged in an Aboriginal activity.

Penalty:  Grade 3 penalty.

(2)  A person must not take scalefish using a mullet net that is more than –

(a) 25 metres in length; or

(b) 33 meshes in net depth.

Penalty:  Grade 3 penalty.

(3)  A person who uses a mullet net must –

(a) attach a marker buoy, that is marked, legibly and clearly, with the letter "M", to the mullet net; and

(b) ensure the unique identifying code for the person is marked on the buoy. 

Penalty:  Grade 2 penalty.

(4)  Subrule (3) does not apply to an Aborigine who uses, while engaging in an Aboriginal activity, a mullet net if –

(a) a buoy, marked with the letter "M", is attached to the mullet net; and

(b) a tag is attached to the buoy, or the buoy line, on the mullet net; and

(c) the tag is marked, clearly and legibly, with the unique identifying code for the person; and

(d) the tag so attached is –

(i) above the surface of the water; or

(ii) on the surface of the water; or

(iii) within 300mm of the surface of the water.

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

(a) is reef; or

(b) is not predominantly sand.

Penalty:  Grade 1 penalty.

136.   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 straight line from Turnbull Head to Milner Head; or

(c) Macquarie Harbour; or

(d) Robbins Passage; or

(e) Recherche Bay west of an imaginary straight 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.

Penalty:  Grade 2 penalty.

Subdivision 5 - Other apparatus

137.   Unattended bait traps

A person who uses a bait trap must, when leaving the bait trap unattended –

(a) attach a buoy or tag to the bait trap marked with the following details:

(i) the letters "BT";

(ii) the surname and initials of the person;

(iii) the year of birth of the person;

(iv) the postcode of the residential address of the person; and

(b) ensure the details required under paragraph (a) are marked, legibly and clearly, on the attached buoy or tag in figures that are not less than 15 millimetres high; and

(c) ensure the figures marked on the attached buoy or tag are marked in a colour contrasting to that of the buoy or tag.

Penalty:  Grade 2 penalty.

138.   Bait pumps

A person must not use a bait pump with a barrel diameter that exceeds 85 millimetres.

Penalty:  Grade 2 penalty.

139.   Auxiliary fishing apparatus

A person must not use auxiliary fishing apparatus –

(a) within the waters specified in Schedule 6 ; or

(b) within a shark refuge area; or

(c) within 100 metres of swimmers; or

(d) within 100 metres of any vessel, other than the vessel from which the person is using the apparatus; or

(e) within 400 metres of a boat ramp, wharf, pier, jetty, mooring or artificial extension of land; or

(f) that has more than 5 hooks; or

(g) so that the hooks of the apparatus are more than 200 metres from the person operating the apparatus; or

(h) if the person is more than 20 metres from the apparatus; or

(i) if the person is –

(i) using the apparatus from land; and

(ii) is more than 20 metres inland from the high water mark when using the apparatus.

Penalty:  Grade 3 penalty.

PART 5 - Miscellaneous

139A.   Reporting services

[Rule 139A Inserted by S.R. 2023, No. 71, Applied:01 Nov 2023]

(1)  The Secretary may approve –

(a) a reporting service to receive reports; and

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

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

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

140.   Protection of female breeding stock for inshore crabs

A person must not –

(a) take, be in possession of, buy or sell an 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.

141.   Berley

(1)  A person, in State waters, must not use berley, other than commercial berley, that contains the raw flesh, blood, bone, skin or offal of a mammal.

Penalty:  Grade 2 penalty.

(2)  A person, in State waters, must not use berley that is not commercial berley for a purpose other than to attract fish for the purpose of fishing.

Penalty:  Grade 2 penalty.

142.   Scalefish species as bait or berley

A person, in State waters, must not, without having proof that the fish were purchased, use any of the following species or types of scalefish as bait in fish traps, rock lobster rings or rock lobster pots, or as berley, other than in the form of heads and frames:

(a) albacore tuna;

(b) banded morwong;

(c) bastard trumpeter;

(d) bigeye tuna;

(e) boarfish;

(f) gummy shark;

(g) ocean trout;

(h) pelagic shark;

(i) school shark;

(j) southern bluefin tuna;

(k) striped trumpeter;

(l) yellowfin tuna;

(m) yellowtail kingfish.

Penalty:   Grade 2 penalty.

143.   Requirements to land whole fish

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.

144.   Infringement notice offences and penalties

For section 42(2) of the Act –

(a) an offence against a provision of these rules specified in column 2 of Schedule 10 is a prescribed offence; and

(b) the penalty specified in column 3 of that Schedule for that offence is its prescribed penalty.

145.   Grant of fishing licence (southern calamari)

Schedule 11 has effect with respect to the grant of a fishing licence (southern calamari).

146.   Allocation of banded morwong quota units

Schedule 12 has effect with respect to the allocation of banded morwong quota units.

147.   Catch history for southern calamari and banded morwong

Schedule 13 has effect with respect to a claim for southern calamari catch history or banded morwong catch history.

148.   Transitional

For the purposes of these rules –

(a) a fishing licence (general trawl), in force on the day on which these rules take effect, is taken on and after that day to be a fishing licence (Danish seine) on the same terms and conditions as the fishing licence (general trawl); and

(b) a fishing licence (limited trawl), in force on the day on which these rules take effect, is taken on and after that day to be a fishing licence (limited Danish seine) on the same terms and conditions as the fishing licence (limited trawl).

SCHEDULE 1 - Fish species

Rule 3(2)

[Schedule 1 Amended by S.R. 2023, No. 71, Applied:01 Nov 2023]

SCHEDULE 2 - Areas and Interpretation

Rule 3(3)

[Schedule 2 Amended by S.R. 2023, No. 71, Applied:01 Nov 2023]

SCHEDULE 3 - Size Limits

[Schedule 3 Amended by S.R. 2023, No. 71, Applied:01 Nov 2023]

SCHEDULE 4 - Non-commercial fish limits – General Species

Rule 123

1.   Interpretation

In this Schedule –

protected species means species of fish –

(a) [Schedule 4 Amended by S.R. 2023, No. 71, Applied:01 Nov 2023] specified in regulation 15 of the Fisheries (General and Fees) Regulations 2016 ; and

(b) protected under section 135 of the Act.[Schedule 4 Amended by S.R. 2023, No. 71, Applied:01 Nov 2023]

	Type of fish	Bag limit	Possession limit
1.	anglerfish	2 fish	4 fish
2.	Australian salmon	15 fish	30 fish
3.	barracouta	15 fish	30 fish
4.	boarfish species – combined total	2 fish	4 fish
5.	bream	5 fish	10 fish
6.	cod species – combined total	15 fish	30 fish
7.	elephantfish	2 fish	4 fish
8.	flathead, not including bluespotted and rock – combined total	20 fish	30 fish
9.	flathead, southern bluespotted and rock – combined total	5 fish	10 fish
10.	flathead, southern bluespotted and rock of 600 millimetres or greater – combined total	1 fish	-
11.	flounder species – combined total	15 fish	30 fish
13.	gurnard and ocean perch – combined total	15 fish	30 fish
14.	herring cale	5 fish	10 fish
15.	inshore crab – combined total	15 fish	30 fish
16.	invertebrate bait species – combined total	50 fish	100 fish
17.	leatherjacket species – combined total	10 fish	20 fish
18.	mackerel species – combined total	30 fish	60 fish
19.	morwong, banded	2 fish	4 fish
20.	morwong, species not including banded and jackass – combined total	10 fish	20 fish
21.	mullet species – combined total	15 fish	30 fish
22.	octopus species – combined total	5 fish	10 fish
23.	pike, longfin	15 fish	30 fish
24.	prawns	50 fish	100 fish
25.	prowfish	2 fish	4 fish
26.	red velvetfish	2 fish	4 fish
27.	salmonids, Atlantic salmon	12 fish	24 fish
28.	salmonids, ocean trout	12 fish	24 fish
29.	silver trevally	10 fish	20 fish
30.	small pelagic species (Australian anchovy, Australian sardine, Australian sprat, blue sprat and hardyhead) – combined total	50 fish	100 fish
31.	snapper	5 fish	10 fish
32.	snook	5 fish	10 fish
33.	squid, Goulds	15 fish	30 fish
34.	squid, southern calamari	10 fish	20 fish
35.	tailor	5 fish	10 fish
37.	warehou, species not including blue – combined total	10 fish	20 fish
38.	whiting, King George	5 fish	10 fish
39.	whiting, species not including King George – combined total	15 fish	30 fish
40.	wrasse species – combined total	5 fish	10 fish
41.	yellowtail kingfish	5 fish	10 fish
42.	species not specified (excluding protected species) – per species	5 fish	10 fish

SCHEDULE 5 - Non-commercial fish limits – shark and certain scalefish

Rule 123

1.   Billfish –

(a) bag limit – 1 marlin and 1 swordfish;

(b) possession limit – 1 marlin and 1 swordfish;

(c) boat limit – 2 marlin and 2 swordfish.

2.   Blue-eye trevalla –

(a) bag limit – 5 fish;

(b) possession limit – 10 fish;

(c) boat limit – 25 fish.

2A.   [Schedule 4 Amended by S.R. 2023, No. 71, Applied:01 Nov 2023] Flathead, sand –

(a) in the southern sand flathead region –

(i) bag limit – 2 fish;

(ii) possession limit – 10 fish;

(b) in the eastern region (other than such part of that region that is also part of the northern region or the southern sand flathead region) –

(i) bag limit – 5 fish;

(ii) possession limit – 10 fish.

(c) in all other State waters including the Bass Strait Islands and the northern region –

(i) bag limit – 10 fish;

(ii) possession limit – 10 fish;

2B.   [Schedule 4 Amended by S.R. 2023, No. 71, Applied:01 Nov 2023] Morwong, jackass –

(a) bag limit – 10 fish;

(b) possession limit – 20 fish;

(c) boat limit – 30 fish.

3.   Sharks and rays, all species combined –

(a) boat limit – 5 fish.

4.   Sharks and rays, not including mako, blue, school or gummy sharks, or elephantfish (combined total) –

(a) bag limit – 2 fish;

(b) possession limit – 4 fish.

5.   Sharks, mako and blue (combined total) –

(a) bag limit – 1 fish;

(b) possession limit – 2 fish;

(c) boat limit – 2 fish.

6.   Sharks, school and gummy (combined total) –

(a) bag limit – 2 fish;

(b) possession limit – 2 fish.

7.   [Schedule 5 Amended by S.R. 2023, No. 71, Applied:01 Nov 2023] Trumpeter, bastard and real bastard –

(a) in the eastern region –

(i) bag limit – 2 fish;

(ii) possession limit – 10 fish;

(iii) boat limit – 10 fish

(b) in the western region –

(i) bag limit – 5 fish;

(ii) possession limit – 10 fish;

(iii) boat limit – 15 fish.

7A.   [Schedule 5 Amended by S.R. 2023, No. 71, Applied:01 Nov 2023] Trumpeter, striped –

(a) in the western region –

(iv) bag limit – 4 fish;

(v) possession limit – 8 fish;

(vi) boat limit –12 fish;

(b) in the eastern region –

(i) bag limit – 2 fish;

(ii) possession limit – 8 fish;

(iii) boat limit – 8 fish.

8.   Tuna, albacore –

(a) bag limit – 5 fish;

(b) possession limit – 10 fish.

9.   Tuna, skipjack –

(a) bag limit – 10 fish;

(b) possession limit – 20 fish.

10.   Tuna, southern bluefin, yellowfin or bigeye (combined total) –

(a) bag limit – 2 fish;

(b) possession limit – 2 fish;

(c) boat limit – 4 fish, of which not more than 2 fish can be of a length of 150 centimetres or greater.

11.   [Schedule 4 Amended by S.R. 2023, No. 71, Applied:01 Nov 2023] Warehou, blue –

(a) bag limit – 10 fish;

(b) possession limit – 20 fish;

(c) boat limit – 30 fish.

SCHEDULE 6 - Regions

PART 1 - North-west region

PART 2 - North-east region

[Part 2 of Schedule 6 Amended by No. 17 of 1996, Applied:12 Apr 2017]

PART 3 - Southern region

[Part 3 of Schedule 6 Amended by S.R. 2023, No. 71, Applied:01 Nov 2023]

SCHEDULE 7 - Persons permitted to use gillnet in shark refuge areas

Rule 24

[Schedule 7 Amended by No. 17 of 1996, Applied:12 Apr 2017] [Schedule 7 Amended by S.R. 2023, No. 71, Applied:01 Nov 2023]

SCHEDULE 8 - Conversion rates for whole fish

Rule 10

[Schedule 8 Amended by S.R. 2023, No. 71, Applied:01 Nov 2023]

SCHEDULE 9 - Limited scalefish

Rule 88(3)

SCHEDULE 10 - Infringement notice offences and penalties

Rule 144

[Schedule 10 Amended by S.R. 2023, No. 71, Applied:01 Nov 2023]

SCHEDULE 11 - Grant of fishing licence (southern calamari)

Rule 145

1.   Eligibilty for fishing licence (southern calamari)

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 13.

2.   Eligible catch history

(1) 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^oS; and

(b) in the south by line of latitude 44^oS; and

(c) in the east by line of longitude 148^o 30'E; and

(d) in the west by line of longitude 146^o 30'E;

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.

(2) 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.

(3) Southern calamari are not to be included in an eligible catch history for subclause (2) if they were taken by means of a seine net.

SCHEDULE 12 - Allocation of banded morwong quota units

Rule 146

1.   Claim for banded morwong catch history

(1) 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'S; and

(b) in the south by line of latitude 44^oS; and

(c) in the east by line of longitude 148^o 30'E; and

(d) in the west by line of longitude 146^o 30'E;

returns has the same meaning as in clause 2 of Schedule 11 .

(2) The holder of a fishing licence (banded morwong) may make a claim for banded morwong catch history.

(3) 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 13 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.

(4) 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.

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 that part of a licence holder's claim for banded morwong catch history in excess of 10 000 kilograms in a licensing year.

3.   Determination of average catch history

(1) 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 13;

(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).

(2) 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.

(3) 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.

(4) 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 (3) is to be ascertained by reference to the total catch history months for all of those licences combined.

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 made under clause 2 ;

(b) a determination made under clause 3 ;

(c) an allocation made 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 13 - Claims for catch history for southern calamari and banded morwong

Rule 147

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

(iii) 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 deceased, 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 14 - Granting of Fishing licence (Octopus)

Rule 77

1.   Eligibility for fishing licence (octopus)

(1) 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.

(2) The Minister may grant up to 2 fishing licences (octopus) to a person if, in the years referred to in subclause (1) , 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 14 October 2015

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