Fisheries Regulation 2001

This regulation is the Fisheries Regulation 2001.

A note included in this regulation is explanatory and is not part of this regulation.

Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Other legislation applies in relation to offences against this regulation.

Note 1 Criminal Code

The Criminal Code, ch 2 applies to all offences against this regulation (see Code, pt 2.1).

The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

Note 2 Penalty units

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

The number of fish prescribed for any period is zero.

The quantity of fish prescribed is 0kg.

The prescribed aquaculture capacity limit is 10 000L.

The quantity of fish of a priority species that is a commercial quantity is as follows:

for abalone—100 or more;

Murray Cod—20 or more;

for rock lobster—20 or more.

This section applies if the Minister declares under the Act, section 17 (Declaration of fishing gear) that hoop nets are fishing gear that may be used for taking fish (or a particular kind of fish).

A person must not use a hoop net other than by lowering it into the water and drawing it out by hand vertically.

Maximum penalty: 5 penalty units.

An offence against this section is a strict liability offence.