Fisheries Rules 2019

Fisheries Rules 2019

11 November 2019

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

These rules may be cited as the Fisheries Rules 2019.

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

In these rules –

abalone means fish of the genus Haliotis;

Act means the Living Marine Resources Management Act 1995;

approved location means a location determined by a fisheries officer for the purpose of Part 3;

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 operates solely from, the fishing vessel; and not operated further than 2 nautical miles from the fishing vessel;

closed season means a season or period during which all or part of a fishery is closed in accordance with a determination made under rule 10(1);

Commonwealth authority means a licence, permit, right or other authority relating to a specific fishery granted under the Commonwealth Act;

distinguishing mark means a mark allocated under rule 16;

fish merchant means – the holder, or supervisor, of any licence other than a recreational fishing licence; or a person who sells fish;

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;

Great Oyster Bay means the waters enclosed north of an imaginary straight line extending from the southern extremity of Freycinet Peninsula to Seaford Point;

marine nature reserve means the following areas of land:Governor Island Marine Nature Reserve;Kent Group National Park;Macquarie Island Nature Reserve;Maria Island National Park;Ninepin Point Marine Nature Reserve;Southwest National Park;Tinderbox Marine Nature Reserve;

marine plant has the same meaning as in the Fisheries (Marine Plant) Rules 2017;

marine plant licence means one of the following licences:fishing licence (introduced marine plant); fishing licence (King Island kelp); fishing licence (marine plant); fishing licence (Undaria);

mussel means molluscan bivalve of the family Mytildae;

mussel spat means a mussel, the shell of which is less than 40 millimetres in length;

mussel spat collector means – any rope, tape or other device used for collecting or taking mussel spat; and any associated floats, ropes or moorings;

octopus means fish of the genus Octopus;

offshore waters means State waters that are not – coastal waters; or within the limits of the State;

open season, in relation to a fishery for a kind or species of fish, means a season or period during which all or part of the fishery is open for fishing;

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;

recreational fishing licence means one of the following licences:fishing licence (recreational abalone); fishing licence (recreational beach seine net); fishing licence (recreational graball net); fishing licence (recreational lobster pot); fishing licence (recreational mullet net); fishing licence (recreational rock lobster dive); fishing licence (recreational rock lobster ring); fishing licence (recreational scallop); fishing licence (recreational set line); fishing licence (recreational special rock lobster);

rock lobster means rock lobster of the genus Jasusor Sagmariasus;

rock lobster pot means – a basket, trap, cage or other contrivance (other than a rock lobster ring) that is designed for use, or is capable of being used, for or in connection with the taking of rock lobster; or a component part of such a basket, trap, cage or other contrivance;

rock lobster ring means a net that – consists only of a single fixed ring or hoop to which a mesh of string or twine is attached; and is designed for use, or is capable of being used, for or in connection with the taking of rock lobster;

scallop means fish of the species –Equichlamys bifrons (commonly known as queen scallop); orPecten fumatus (commonly known as commercial scallop); orMimachlamys asperrimus (commonly known as doughboy scallop);

scallop spat means a scallop that is less than 40 millimetres at its widest part when measured in accordance with Schedule 3;

scallop spat collector means – a frame, cage or other device used for collecting or taking scallop spat; and any associated floats, ropes or moorings;

set means to place in State waters;

shellfish licence means one of the following licences:fishing licence (clam – Georges Bay North); fishing licence (clam – Georges Bay South); fishing licence (cockle – Ansons Bay); fishing licence (native oyster – Georges Bay); fishing licence (Pacific oyster);

system, in relation to a vessel monitoring system, includes the component subsystems of – power supply; and communication hardware and software; and communication service providers;

Taroona waters means the waters of the River Derwent within 800 metres of the shore at Crayfish Point, Taroona, bounded by an imaginary line that – commences at the point on the high-water mark on the River Derwent at the prolongation of Nubeena Crescent; and continues south-easterly for a distance of approximately 800 metres; and continues from there by a southerly and south-westerly line parallel to, and 800 metres from, that high-water mark to a point on a line joining Piersons Point with the public boat ramp on the foreshore at Taroona; and continues from that ramp by the high-water mark to the point of commencement in paragraph (a);

Undaria has the same meaning as in the Fisheries (Marine Plant) Rules 2017;

vessel monitoring system– see rule 24;

wild, in relation to the location of any species or kind of fish, means State waters other than those to which a marine farming licence, specifying that species or kind of fish, relates.

The Minister is to consult with the appropriate advisory committee or, if there is no appropriate advisory committee, each appropriate fishing body established in relation to the fisheries, specified in these rules, in respect of any changes relating to –

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

Subject to subrules (2), (3) and (4), a person must not use for commercial purposes, in State waters, a vessel for fishing or carrying fish unless the vessel is specified in a fishing licence (vessel) – held by that person; or for which that person is the supervisor under the Act. Grade 2 penalty.

Subrule (1) does not apply to a person using an auxiliary vessel in accordance with rule 17.

Subrule (1) does not apply to the holder of a marine farming licence, or a person acting with the authority of that holder, while the person is using a fishing vessel – within the waters to which the licence relates; or for any purpose or activity carried out in accordance with the licence; or for the purpose of taking mussel spat from the wild in accordance with a fishing licence (mussel spat collection); or for the purpose of taking scallop spat from the wild in accordance with a fishing licence (scallop spat collection).

Subrule (1) does not apply to the holder, or supervisor, of a fishing licence (abalone dive), fishing licence (commercial dive), marine plant licence or shellfish licence if the holder of the licence is diving from a fishing vessel that is specified in a fishing licence (vessel).

A person must not take fish for commercial purposes using a fishing vessel unless the fish are taken for that purpose in accordance with an authorisation. Grade 2 penalty.

A person must not take fish for commercial purposes under an authorisation unless the person is also the holder of a fishing licence (personal). Grade 2 penalty.

Subrule (1) does not apply in respect of a person taking fish in accordance with a marine plant licence.

Unless otherwise specified under the Act, a fishing licence (personal) only authorises the activities specified in the licence.

A person must not use apparatus to take fish unless the person –

is using the apparatus in accordance with an authorisation that applies in respect of the person; or is otherwise authorised under the Act.

Grade 3 penalty.

Subject to subrule (2), a person who is the holder of a fishing licence (personal) must not undertake any fishing in offshore waters unless the person – is the holder of a Commonwealth authority; and is undertaking the fishing in accordance with that Commonwealth authority. Grade 3 penalty.

Subrule (1) does not apply to the following persons:the holder, or supervisor, of a fishing licence (scallop) while taking scallop in accordance with that licence; the holder, or supervisor, of a fishing licence (abalone dive) while taking abalone in accordance with that licence; the holder, or supervisor, of a fishing licence (giant crab) while taking giant crab in accordance with that licence; the holder, or supervisor, of a fishing licence (rock lobster) while taking rock lobster in accordance with that licence; the holder, or supervisor, of a fishing licence (rock lobster) while fishing – for fish of the superclass Pisces; and with not more than the apparatus permitted to be used under the Fisheries (Scalefish) Rules 2015 to take fish of that superclass; the holder, or supervisor, of a fishing licence (octopus) while taking octopus in accordance with that licence.

The Minister, by published notice, may determine – the dates of the closed season for a specified fishery or specified part of a fishery; and the dates of the open season for a specified fishery or specified part of a fishery; and that any part of a specified fishery is closed to, or in respect of, specified activities for such period as is specified in the notice.

A person must not – take any kind or species of fish from State waters that are closed to the fishery for that kind of fish; or be in possession of a kind or species of fish in State waters that are closed in respect of the fishery for that kind of fish; or undertake an activity of a type specified in a determination under subrule (1)(c) during the period, and in the fishery, specified in that determination for that activity. Grade 3 penalty.

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

It is a defence in proceedings for an offence against subrule (2) or (3) if the defendant establishes that the fish were – taken, bought, sold or in his or her possession during an open season for the fishery in respect of the fish; or scallop spat taken under a fishing licence (scallop spat collection); or mussel spat taken under a fishing licence (mussel spat collection); or taken from a marine farm – by the holder of a marine farming licence or a permit relating to marine farming; or in accordance with such a licence or permit.

A person, in Taroona waters, must not – take fish by diving or swimming; or have possession of any abalone or rock lobster. Grade 3 penalty.

A person, within 200 metres from Taroona waters, must not – take abalone or rock lobster; or have possession of any abalone, or rock lobster, while diving or swimming; or set, or use, a gillnet. Grade 3 penalty.