Fisheries Rules 2019

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.