Fisheries (Mackerel) Rules 2019

Fisheries (Mackerel) Rules 2019

5 February 2019

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

These rules may be cited as the Fisheries (Mackerel) Rules 2019.

These rules take effect on the day on which their making is notified in the Gazette.

In these rules – Act means the Living Marine Resources Management Act 1995; bycatch means all species of scalefish other than mackerel;Commonwealth authority means any licence, permit, right or other authority relating to a specific fishery granted under the Commonwealth Act; fishing trip means a trip undertaken for fishing, commencing on the departure from a port, port of landing or authorised mooring and ending on the return to a port, port of landing or authorised mooring;Grade 1 penalty means the penalty specified in regulation 5 of the Penalty Regulations;Grade 2 penalty means the penalty specified in regulation 6 of the Penalty Regulations;Grade 3 penalty means the penalty specified in regulation 7 of the Penalty Regulations; mackerel means – fish of the species Emmelichthys nitidus (commonly known as redbait); and fish of the species Scomber australasicus (commonly known as blue mackerel); and fish of the genus Trachurus including –Trachurus declivis (commonly known as common jack mackerel); andTrachurus murphyi (commonly known as Peruvian jack mackerel); andTrachurus novaezelandiae (commonly known as yellowtail scad); mackerel fishing licence means – a fishing licence (mackerel A); or a fishing licence (mackerel B); mackerel zone means – all the State waters east of the line of longitude 146 o 30' East (known as the eastern mackerel zone); and all the State waters west of the line of longitude 146 o 30' East (known as the western mackerel zone); market value– see rule 16; open season– see rule 12;Penalty Regulations means the Fisheries (Penalties) Regulations 2011; purse seine net has the same meaning as in the Fisheries (Scalefish) Rules 2015; reporting service means a reporting service approved under rule 20; scalefish has the same meaning as in the Fisheries (Scalefish) Rules 2015; shark refuge area means a shark refuge area specified in Schedule 1; site of unloading, of mackerel, means – the first point where the mackerel or a container containing the mackerel – is unloaded; or makes contact with a jetty or artificial extension of land; or any other place determined by the Secretary; unloading means the act of taking mackerel onto land, or causing or permitting mackerel to be taken onto land, from a fishing vessel or State waters.

In these rules, a reference to a shark refuge area by name is a reference to the shark refuge area so named in column 2 (and as described in column 3) of the table in Schedule 1;

In these rules, unless the contrary intention appears, 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 to the Fisheries (Scalefish) Rules 2015.

These rules apply to the mackerel fishery.

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

The Minister is to consult with the appropriate fishing body in relation to the mackerel fishery about any changes relating to –

the areas where fishing may occur; and any matter relating to the characteristics of fish; and the opening and closing of the mackerel fishery; and fishing apparatus; and limits on taking and possessing fish.

For the purpose of these rules, the following fishing licences are class mackerel:

fishing licence (mackerel A);

fishing licence (mackerel B).

A mackerel fishing licence only authorises the holder, in State waters – to use the fishing vessel specified in the licence; and to take mackerel not exceeding the quantity specified in the licence for a species of mackerel, a mackerel zone or a species of mackerel in relation to a mackerel zone; and to take bycatch not exceeding the limits imposed by these rules.

Subject to Part 4, a mackerel fishing licence authorises the holder to use a purse seine net in State waters.

The holder of a mackerel fishing licence must only unload mackerel to the holder of a fish processing licence authorised to process mackerel.

Grade 3 penalty.

The holder of a mackerel fishing licence must complete records, required to be kept under section 145 of the Act, in respect of catching and unloading mackerel –

if the record relates only to the catching of mackerel – as soon as practicable after catching the mackerel; and if the mackerel is caught during a fishing trip that last longer than 24 hours, before the end of each day of that fishing trip; and if the record relates to the unloading of the mackerel – as soon as practicable after unloading the mackerel; and before any of the mackerel so unloaded is moved more than 200 metres outside the site of unloading; and before any of the mackerel so unloaded is moved inside a temporary structure, or a building; and if the mackerel is unloaded during a fishing trip that last longer than 24 hours, before the end of each day of that fishing trip.

A mackerel fishing licence is not transferable.