Fisheries (Marine Plant) Rules 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.