Fisheries (Abalone) Rules 2017

Fisheries (Abalone) Rules 2017

23 November 2017

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

These rules may be cited as the Fisheries (Abalone) Rules 2017.

These rules take effect on 1 January 2018.

In these rules – abalone means fish of the genus Haliotis; abalone container includes a fishing vessel carrying abalone; abalone iron means a lever that – is broadly flat-bladed and chisel-like; and has a blade this is not less than 18 millimetres in width; abalone meat means any part of the flesh of an abalone that has been removed from its shell other than – in the course of cooking or being consumed; or for the purposes of being processed at processing premises;Act means the Living Marine Resources Management Act 1995; auxiliary vessel means a dinghy, tender or other vessel that is – part of the equipment of a fishing vessel; and transported with, capable of being carried on, and operated solely from, the fishing vessel; and not operated further than 2 nautical miles from the fishing vessel;Bass Strait area means the area of State waters adjacent to the north coast of Tasmania and the Furneaux Group of islands in Bass Strait bounded in the west by an imaginary line running from the northernmost point of Woolnorth Point to the point of latitude 40° 37’ 14.40” South, longitude 144° 41’ 37.87” East, then running due north to the outer limit of State waters and bounded in the east by an imaginary line beginning where the line of longitude 147° 27’ 00” East meets the high-water mark of the north coast of the mainland of Tasmania in Anderson Bay, then running due north until its junction with the line of latitude 40° 39’ South, then due east along that line of latitude to the outer limit of State waters; blacklip abalone means fish of the species Haliotis rubra; broodstock means abalone taken from State waters which are, or are intended to be, used as a source of culture stock; changing part of fishery report means a report relating to changing the part of the fishery in which abalone are to be taken that is part of the records required to be kept under the Act; closed season means a season or period during which all or part of the abalone fishery is closed to fishing; commercial abalone dive docket means a docket relating to abalone quota that is part of records required to be kept under the Act; diving team means a diving team formed in accordance with rule 38; diving team docket means a docket in an approved form relating to the taking of abalone by a diving team; eastern region means – all State waters lying eastwards of – (in the north) an imaginary line running due north from the northernmost extremity of Point Sorell to the outer limit of State waters; and(in the south) an imaginary line running due south from the southernmost extremity of Whale Head to the outer limit of State waters; and all islands and tidal sandbars lying within the State waters referred to in paragraph (a) of this definition, with the exception of Flinders Island, Cape Barren Island and Bruny Island; excess abalone, in relation to the holder of a fishing licence (abalone dive), means abalone taken by the licence holder in excess of his or her quota limit for the licence; fish dispatch docket means a docket relating to the movement of abalone, rock lobster or giant crab that is part of records required to be kept under the Act; fish merchant means – the holder of a fish processing licence that specifies abalone; or a person who carries on the business of selling fish; fish receipt docket means a docket relating to the receipt of abalone, rock lobster or giant crab that is part of records required to be kept under the Act; fish trap means a fish trap as defined in the Fisheries (Scalefish) Rules 2015; fishing trip means a trip on a vessel, undertaken for fishing, that – commences on departure of the vessel from land, a pier, jetty or artificial extension of land; and ends on the return of the vessel to land, a pier, jetty or artificial extension of land; giant crab has the same meaning as in the Fisheries (Giant Crab) Rules 2013; giant crab trap means a trap within the meaning of the Fisheries (Giant Crab) Rules 2013;Grade 1 penalty means the penalty specified in regulation 5 of the Fisheries (Penalties) Regulations 2011;Grade 2 penalty means the penalty specified in regulation 6 of the Fisheries (Penalties) Regulations 2011;Grade 3 penalty means the penalty specified in regulation 7 of the Fisheries (Penalties) Regulations 2011; greenlip abalone means fish of the species Haliotis laevigata; landed, in relation to abalone, means when any abalone or any abalone container – is taken ashore; or makes contact with a jetty or other artificial extension of land after the abalone has been taken; landing area means an area specified in rule 60; leaving area report means a report relating to the leaving of an area whilst fishing for abalone that is part of records required to be kept under the Act; leaving port report means a report relating to the leaving of a port before fishing for abalone that is part of records required to be kept under the Act; marine farmer means the holder of a marine farming licence whose licence is endorsed for abalone; measuring device includes the following:a vernier caliper; a gauge that indicates the minimum size limits for abalone; a knife or abalone iron with prominent markings, or extended prongs, that indicate the minimum size limits for abalone; mother boat means a fishing vessel that – is used to transport holders of a fishing licence (abalone dive) on fishing trips for abalone; and is used by holders of a fishing licence (abalone dive) – to act as a diving platform to take abalone for commercial purposes; or to operate a fishing vessel or auxiliary vessel that acts as a diving platform to take abalone for commercial purposes; or to undertake a fishing trip which ends on a day other than the day on which it commenced;National Law has the same meaning as in the Marine and Safety Authority Act 1997; northern area means the area of State waters adjacent to the north, north-west and north-east coasts of the mainland of Tasmania and King Island, and those State waters north of a line bounded in the east by an imaginary line from the northern side of the mouth of the Great Musselroe River at Musselroe Bay running due west for 100 metres, then following the shoreline 100 metres from shore to the northernmost tip of Musselroe Point, then running due north until intersection with the line of latitude 40 o 48' 00" South, and running due east to the outer limit of State waters, and bounded in the west by an imaginary straight line running due west from the mouth of the Wild Wave River near Sandy Cape to the outer limit of State waters; northern blacklip area means the area of State waters adjacent to the north, north-west and north-east coasts of the mainland of Tasmania and King Island, and those State waters generally north of a line bounded in the east by an imaginary line from the northern side of the mouth of the Great Musselroe River at Musselroe Bay running due west for 100 metres, then following the shoreline 100 metres from shore to the northernmost tip of Musselroe Point, then running due north until its junction with the line of latitude 40 o 48’ 00” South, and running due east to the outer limit of State waters, and bounded in the west by an imaginary line from the northernmost point of Woolnorth Point to the point of latitude 40 o 37’ 14.40” South, longitude 144 o 41’ 37.87” East, then running due north to the line of latitude 40 o 16’ 58.41” South, and running due west to the limit of State waters;NSCV means the National Standard for Commercial Vessels published by the National Marine Safety Committee, as amended from time to time; open season means a season or period during which all or part of the abalone fishery is open to fishing; part of the fishery means any part of the fishery determined under section 94(2) of the Act to be a part of the fishery; post fishing report means a report provided after fishing for abalone that is part of records required to be kept under the Act; prior fishing report means a report provided before fishing for abalone that is part of records required to be kept under the Act; prior landing report means a report provided before abalone is landed that is part of records required to be kept under the Act; processing premises means – any place, vessel or vehicle in respect of which a fish processing licence is in force; or any place specified in a fish processing licence as a place where fish may be held or stored; quota limit, in respect of a fishing licence (abalone dive), means the amount of abalone that may be taken, at the particular time when the abalone is landed, from a part of the fishery in accordance with the licence; receipt report means a report made to a reporting service by approved means containing approved information; reporting service means a service approved under rule 39; rock lobster has the same meaning as in the Fisheries (Rock Lobster) Rules 2011; rock lobster pot has the same meaning as in the Fisheries (Rock Lobster) Rules 2011; rock lobster ring has the same meaning as in the Fisheries (Rock Lobster) Rules 2011; securely fastened means on board and fastened to a mother boat; shell length, in relation to an abalone, means the diameter of the abalone shell at its widest, whether the shell is broken or chipped or not; site of unloading means the first point where any abalone or container of abalone is landed or unloaded; trading vessel means a vessel, other than a fishing vessel, that is used or is intended to be used, wholly or principally – to carry passengers or cargo for hire or reward; or to provide services to ships or shipping, whether for reward or otherwise; transfer docket means a docket in an approved form relating to the transfer to a person of excess abalone in accordance with rule 56(8); undersize, in relation to abalone, means an abalone that is less than the minimum size specified for that abalone in Part 2 of the Fisheries (General and Fees) Regulations 2016;USL means the Uniform Shipping Laws Code adopted by the Australian Transport Council and notified in the Commonwealth of Australia Gazette; vessel monitoring system means a navigational measuring system that – determines the location and activities of a vessel; and is capable of transmitting data about that location and those activities via a satellite communication system.

In these rules, a reference to the holder of a fishing licence includes a person who has approval to use the licence under section 87(2) of the Act.

These rules apply to the abalone fishery.

These rules continue in force for a period of 10 years.

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

any area where fishing for abalone may occur; and any matter relating to the characteristics of abalone; and any opening and closing of the abalone fishery; and apparatus; and limits on taking and possessing abalone.

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

class abalone – fishing licence (abalone dive); or fishing licence (abalone quota);

class personal, fishing licence (personal);

class recreational, fishing licence (recreational abalone);

class vessel, fishing licence (vessel).

The period during which the total allowable catch for the abalone fishery may be taken is the period from 1 January to 31 December in each year.

The Minister, by notice published on a website of the Department, may determine – the dates of the closed season for all or part of the abalone fishery; and the dates of the open season for all or part of the abalone fishery; and that any part of the abalone fishery is closed to, or in respect of, such specific activities for such periods as are specified in the notice.

A notice under subsection (1) must – be published on a website of the Department that is accessible to the public; and remain on that website until the notice ceases to have effect.

A person must not take or be in possession of abalone in State waters that are closed to the abalone fishery. Grade 3 penalty.

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

A fishing licence (abalone quota) only authorises the holder to have a share of the total allowable catch of abalone which is equal to the number of abalone quota units specified in the licence.

Subject to rules 38(2), 56, 57 and 58, a fishing licence (abalone dive) only authorises the holder, in State waters, to dive, take and have possession of abalone – under the authority of that licence; and of a quantity specified in the licence.

A fishing licence (recreational abalone) only authorises the holder of the licence to take abalone for non-commercial purposes in State waters.

The Minister is to ensure that no more than 121 fishing licences (abalone dive) are in force at any one time.