Fisheries (Marine Plant) Rules 2017

Fisheries (Marine Plant) Rules 2017

16 August 2017

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

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

These rules take effect on 1 September 2017.

In these rules –

Act means the Living Marine Resources Management Act 1995;

assistant, in relation to a marine plant fishing licence, means a person who assists the supervisor of the licence in carrying out an activity under the authority of that licence;

Blackman Bay means the waters within the area bounded – in the west by the western entrance of the Denison Canal; and in the east by an imaginary straight line from the southern extreme of Long Spit due east to the opposite shore of Little Chinaman Bay;

cast, in relation to a marine plant, means a marine plant that has been cast onshore by wave action, tidal action, storm action or other natural forces but does not include a marine plant attached to the seabed or other substrate;

fishing licence (commercial dive) means a licence of that class referred to in rule 7(a) of the Fisheries (Commercial Dive) Rules 2011;

fishing licence (introduced marine plant)– see rule 6(a)(i);

fishing licence (King Island kelp)– see rule 6(a)(ii);

fishing licence (marine plant)– see rule 6(a)(iii);

fishing licence (Undaria)– see rule 6(a)(iv);

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;

introduced marine plant means – a marine plant of the genus Grateloupiaand the species turuturu; and Undaria; and such other marine plants as the Secretary by public notice may specify for the purposes of this definition;

kelp means a marine plant of the order Laminariales or Fucales;

kind includes genus, family and order;

licensing year means the period beginning on 1 September each year and ending at midnight on 31 August the following year;

marine plant means – algae and seaweed of the following divisions:Chlorophyta (green algae); Heterokontophyta of the class Phaeophyceae (brown algae); Rhodophyta (red algae); or seagrass of the division Magnoliophyta;

marine plant fishery means the taking and possession, under the Act, of marine plants by any person in State waters;

marine plant fishing licence means – a fishing licence (introduced marine plant); or a fishing licence (King Island kelp); or a fishing licence (marine plant); or a fishing licence (Undaria);

native marine plant means marine plants other than introduced marine plants;

sporophyll means that part of an algal stem containing or producing spores;

substrate includes a reef, tidal rock ledge, underwater ledge and cliff face;

Undaria means – marine alga of the genus Undariaand the speciespinnatifida (commonly known as wakame); and sporophyll of that alga;

Undaria zone means those State waters adjacent to the east coast of the mainland of Tasmania from Binalong Bay 41° 14' 11.73"S and 148° 17' 29.62"E in the North to Whale Head in the South.

These rules apply to the marine plant fishery.

These rules continue in effect for 12 years.

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

class marine plant – fishing licence (introduced marine plant); fishing licence (King Island kelp); fishing licence (marine plant); fishing licence (Undaria);

class commercial dive, fishing licence (commercial dive).

The Minister, by public notice, may determine – the dates of the closed season for all or part of the marine plant fishery; and the dates of the open season for all or part of the marine plant fishery.

A person must not take marine plants from State waters that are closed to the marine plant fishery for that kind of marine plant. Grade 3 penalty.

The Minister, by public notice, may determine the marine plant fishery or a part of the marine plant fishery is closed in respect of a fishing activity specified in the notice for such period as is specified in the notice.

A person must not contravene a determination in force under subrule (1). Grade 3 penalty.

A marine plant fishing licence is not transferable.

This rule applies if a person holding a fishing licence (King Island kelp) or a fishing licence (Undaria) – allows the licence to expire; and does not, within 12 months after the date of the expiry, apply under section 77 of the Act for the grant of a further licence of the same kind.

The person is not eligible to be granted a fishing licence (King Island kelp) or a fishing licence (Undaria) of the same kind as the expired licence.

A fishing licence (marine plant) authorises its holder to take and possess, for commercial purposes, marine plants in accordance with the licence.