Fisheries (Commercial Dive) Rules 2021

In these rules – abalone means fish of the genus Haliotis;Act means the Living Marine Resources Management Act 1995; commercial dive direct sales receipt means a receipt in an approved form that – relates to the sale, transfer or transit of fish taken under the authority of a fishing licence (commercial dive); and is part of a record required to be kept under the Act; commercial dive fishery means the taking of controlled fish, for commercial purposes, by diving in State waters; commercial diver’s docket means a docket in an approved form that – relates to the taking of fish under the authority of a fishing licence (commercial dive); and is part of the records required to be kept under the Act; controlled fish means – periwinkles; or sea urchins; or a fish of a kind specified in an endorsement on a licence under rule 9; direct sale, of controlled fish, means a sale of controlled fish – to a person other than a fish processor; or if the fish have not been caufed or in some other way processed; diving means diving, or swimming, below the surface of the water; fish cauf means apparatus used to hold live fish; fish cauf site, in relation to a licence, means the location where the holder of the licence is authorised under the licence to hold live fish in a fish cauf; fish processor means the holder of a fish processing licence;Grade 1 penalty means the penalty specified in regulation 5 of the Fisheries (Penalties) Regulations 2021;Grade 2 penalty means the penalty specified in regulation 6 of the Fisheries (Penalties) Regulations 2021;Grade 3 penalty means the penalty specified in regulation 7 of the Fisheries (Penalties) Regulations 2021; kind includes genus and family; landing site means an area specified in Schedule 1; licensing year means the period beginning on 1 September each year and ending at midnight on 31 August the following year; on, a vessel, includes being on a dinghy, a tender or a small auxiliary craft being used in connection with the vessel; periwinkle means mollusc of the species Lunella undulata; point of sale means the point at which a purchaser of controlled fish takes possession of the controlled fish; prior fishing report means a report, provided before undertaking a fishing trip under the authority of a fishing licence (commercial dive), that is part of records required to be kept under the Act; published notice means a notice published in one or more of the following ways:published in the Gazette; published, on a website operated by or on behalf of the Department, for the duration of the period for which the notice is in effect; published in a newspaper circulating generally in the State; reporting service means a service approved by the Secretary under subrule (2); rock lobster means rock lobster of the genus JasusorSagmariasus; sea urchin means sea urchin of the genus Heliocidaris or Centrostephanus; shellfish has the same meaning as in the Fisheries (Shellfish) Rules 2017;Undaria means – exotic marine alga Undaria pinnatifida (commonly known as wakame); and sporophyll of that alga; whole weight, in relation to a fish, means the whole weight of the fish before it is dismembered, dried, shelled or otherwise processed.

The Secretary may approve a service as the service that may receive reports for the purposes of these rules.

In these rules, a reference to the holder of a fishing licence includes a person who has been granted approval to use the licence in accordance with section 87 of the Act.