Fisheries Rules 2019

Subject to subrule (3), a person who obtains fish for the purpose of sale must – at the time of obtaining or purchasing the fish, obtain a receipt for the fish that contains the information specified in subrule (2); and keep the receipt on the premises where the fish are held until sold; and retain the receipt in good condition for a period of not less than 5 years after the date of obtaining the receipt; and if required to do so by a fisheries officer, produce the receipt for examination within the period specified by the fisheries officer. Grade 2 penalty.

A receipt referred to in subrule (1)(a) must contain the following information:the name and business address of the person from whom the fish were obtained or purchased; the date on which the fish were obtained or purchased, or the date on which the fish were received; the species of, or a recognised common name for, each type of fish obtained or purchased; the quantity and weight of each type of fish obtained or purchased; if – the fish were obtained, or purchased, from the person who took the fish; and he or she used a fishing vessel to take the fish – the name and distinguishing mark of the fishing vessel used to take the fish; the name and address of the person obtaining or purchasing the fish.

Subrule (1) does not apply to abalone obtained from the holder of a fishing licence (abalone dive).

Subject to subrule (5), a person who is not authorised to take a kind or species of fish for sale must not have in his or her possession that kind or species of fish, for the purpose of sale or resale, unless the person also has a receipt referred to in subrule (1) in respect of that fish. Grade 2 penalty.

Subrule (4) does not apply to the following:rock lobster in the possession of the holder, or supervisor, of – a fishing licence (rock lobster); or a handling licence endorsed to handle rock lobster; or a fish processing licence endorsed to process rock lobster; giant crab in the possession of the holder, or supervisor, of – a fishing licence (giant crab); or a fishing licence (rock lobster); or a fish processing licence endorsed to process giant crab; abalone in the possession of – the holder, or supervisor, of a fishing licence (abalone dive); or a person who purchases, or otherwise obtains, the abalone from the holder or supervisor of that licence; scallop in the possession of the holder, or supervisor, of – a fishing licence (scallop); or a fish processing licence endorsed to process scallop; banded morwong in the possession of the holder, or supervisor, of – a fishing licence (banded morwong); or a fish processing licence endorsed to process banded morwong; fish of any other kind or species in the possession of the holder of a fishing licence (personal); fish bred, reared, grown or taken under a marine farming licence, or under a permit relating to marine farming, and in the possession of the holder of that licence or permit.

It is a defence in proceedings for an offence against subrule (4) if the defendant establishes that the fish were obtained directly from a person who carries on the business of selling fish outside Tasmania.