Fisheries (Scalefish) Rules 2015

Fisheries (Scalefish) Rules 2015

24 September 2015

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

These rules may be cited as the Fisheries (Scalefish) Rules 2015.

These rules take effect on 1 November 2015.

In these rules – Act means the Living Marine Resources Management Act 1995; apparatus licence means – a fishing licence of a kind specified in item 3, 4, 7, 8 or 9 of the table in rule 7; or a fishing licence (Australian salmon); or a fishing licence (octopus); appropriate authority means a Commonwealth authority to take school shark and gummy shark in State waters; automatic hook-baiting and hook-setting apparatus means a device which baits and sets hooks automatically; automatic jigging machine means a digitally automated machine for line fishing that is – capable of being operated in multiple configurations of hook and line fishing; and intended to be used for the purpose of commercial fishing; automatic squid-jigging machine means a digitally automated machine that is designed to be used to take squid, including Gould’s squid; auxiliary fishing apparatus means a type of apparatus used to deploy or retrieve fishing line for the purposes of non-commercial fishing, other than a setline, a manually operated fishing rod and line, an electric fishing reel mounted on a fishing rod and line or a handline; 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 operated solely from, the fishing vessel; and not operated further than 2 nautical miles from the fishing vessel; bait net means an encircling net that is not more than 6 metres in length and 2 metres in depth with a mesh size of not more than 20 millimetres; bait pump means a hand-operated, non-powered device with a barrel which is inserted into the sand to extract burrowing shrimp, marine worms and other invertebrate bait species by means of a vacuum; bait trap means a trap that – is not more than 500 millimetres long, 350 millimetres wide and 250 millimetres high; and has not more than 2 entrances that are not more than 65 millimetres at the widest diameter; and has a mesh size not less than 10 millimetres and not more than 40 millimetres; banded morwong quota docket means a docket, in an approved form, relating to banded morwong; banded morwong quota unit means a unit that is an entitlement to take one 1 193rd of the total allowable catch for the banded morwong fishery; banded morwong quota unit balance, for a fishing licence for a quota period, means the quantity of banded morwong allocated to the licence for the quota period that remains to be caught in the quota period; beach seine net means an encircling net that – has a bag or bunt, including a panel that forms a bunt; and has a mesh size of not less than 30 millimetres; and is not pursed or drawn through rings into the shape of a bag; and is not designed to mesh fish; board trawl net means a netting bag or bag-like net that – has a mouth that is held open by trawl doors or by a combination of trawl doors and warps; and is drawn along by a fishing vessel; and has a mesh size of not less than 90 millimetres; cast net means a circular or elliptical net with a diameter of not more than 6 metres that has a weighted bottom line around the circumference; catch history means the history of the amount of scalefish – caught under the authority of a licence; and recorded in accordance with the reporting requirements of the licence; closed season means the period, determined under Division 2 of Part 2, during which all or part of the scalefish fishery is closed; combined set line means a set line that has been combined, in accordance with rule 130, with the set line or set lines of another person or persons; commercial berley means bait, pellets, or processed food products that are manufactured commercially and intended for consumption by animals or humans; commercial fishing licnence means a fishing licence of a class specified in items 1, 2, 3, 4, 5, 7, 8 or 9 of the table in rule 7; commercial gillnet means a gillnet used for taking scalefish for commercial purposes; Commonwealth authority means any licence, permit, right or other authority relating to a specific fishery granted under the Commonwealth Act; Danish seine licence means a fishing licence of a class specified in item 8 of the table in rule 7; Danish seine net means a netting bag or bag-like net that – has a mouth that is held open by warps but not trawl doors; and is drawn along by a fishing vessel; and has a mesh size of not less than 70 millimetres; day means the 24-hour period commencing at midnight on any calendar day; demersal longline means a longline that is weighted to the seabed or riverbed; dipnet means a hand-held net that – is used to take scalefish; and is attached to a frame so that the length across the net is not more than one metre; and has a mesh size of more than 20 millimetres; distinguishing mark has the same meaning as in the Fisheries Rules 2019; dropline means a line that – is set vertically; and is weighted at one end, with the other end attached to a line or buoy; and once set, is not attached to a person or vessel; electric fishing reel means a fishing reel that has a motor to assist winding line onto a spool and does not include a set line; encircling net means a net, also known as a surround net or seine net, that is – used to surround or partly surround fish; and used for taking fish; fillet, in respect of a fish, means a longitudinal section of flesh of the fish removed from a part of the fish other than its head; fish cauf means apparatus used to hold live fish; fish processor means the holder of a fish processing licence; fish trap means a trap that – is not more than 2 metres in width by one metre in depth by 2 metres in length; and has a mesh size of more than 25 millimetres; and may have more than one chamber; and has only one chamber with an entrance, or entrances, that – allow fish into the trap; and measure no more than 250 millimetres across the longest dimension of each entrance; fishing licence (giant crab) has the same meaning as in the Fisheries (Giant Crab) Rules 2013; fishing trip means a trip on a vessel, undertaken for fishing, that – commences when the vessel departs from land, a pier, a jetty or an artificial extension of land; and ends when the vessel returns to land, a pier, jetty or artificial extension of land, with all apparatus that is on the vessel out of the water, other than a fish cauf being used in accordance with rule 118; giant crab has the same meaning as in the Fisheries (Giant Crab) Rules 2013; gillnet, also known as a set net, means one of the following nets that is set vertically in the water, so that fish swimming into it are entangled in the mesh:a graball net; a mullet net; a shark net; a small-mesh gillnet; a special small-mesh gillnet; graball net means a single-mesh net that – has a weighted bottom line; and is intended to be set with its bottom line on the seabed or riverbed; and has a mesh size of not less than 105 millimetres and not more than 140 millimetres; Grade 1 penalty means the penalty specified in regulation 5 of the Fisheries (Penalties) Regulations 2021; Grade 2 penalty means a penalty specified in regulation 6 of the Fisheries (Penalties) Regulations 2021; Grade 3 penalty means a penalty specified in regulation 7 of the Fisheries (Penalties) Regulations 2021; headline length means the length of a net as determined in accordance with rule 21; holder of a licence, in relation to a licence, includes, except in rule 55(4)(a), a person who is approved to use the licence under section 87(2) of the Act; holding tank means fishing apparatus used to hold live fish on land or on a pier, jetty or other artificial extension of land; hook includes – a lure; and a jig that is not a squid jig; and a set of ganged hooks; lampara net means an encircling net that is – used from a fishing vessel; and not pursed or drawn through rings into the shape of a bag; land, in relation to a landing net, means to remove a fish from the water after it has been caught or captured by some other means; landing means – bringing scalefish ashore or in contact with a pier, a jetty or another artificial extension of land; or bringing a vessel containing scalefish ashore or in contact with a pier, a jetty or another artificial extension of land; landing area means the area on the landward side of the high-water mark within a 200-metre radius of the point of landing; landing net means a hand-held net that – is used to land fish; and is attached to a frame so that the maximum length across the net is not more than 600 millimetres; licensed fishing vessel means a vessel specified on a fishing licence (vessel); licensing year, in relation to a commercial fishing licence, means the period beginning on 1 March each year and ending at midnight on the last day of February in the following year; longline means a line that – is set horizontally; and is weighted and buoyed at both ends; and once set is not attached to a person or a vessel; mackerel has the same meaning as in the Fisheries (Mackerel) Rules 2019; mackerel fishing licence has the same meaning as in the Fisheries (Mackerel) Rules 2019; manual squid-jigging machine means a machine, that is not automated, that is designed to be used to take squid, including Gould’s squid; marker buoy, in the case of – commercial fishing apparatus, means a buoy marked with a distinguishing mark; and non-commercial fishing apparatus, means a buoy marked with a unique identifying code; mesh size, in relation to a net, means the average measurement of 10 adjoining meshes in the net, where each mesh is measured by – holding the mesh taut; and holding 2 diagonally opposite knots together so that they are touching each other; and measuring the distance between the inside surface of the diagonally opposite knots of the mesh that are not touching each other; mother boat means a fishing vessel that – is used to transport another, smaller, licensed fishing vessel on a fishing trip for scalefish; and is used by the holder of a fishing licence (vessel) that specifies the fishing vessel, to hold scalefish taken during the fishing trip; mullet net means a single-mesh net that – has a weighted bottom line; and is intended to be set with its bottom line on the seabed or riverbed; and has a mesh size of not less than 60 millimetres and not more than 70 millimetres; non-commercial fishing means the following activities:the taking or possessing of scalefish by recreational fishing; the taking or possessing of scalefish by an Aborigine engaged in an Aboriginal activity; non-commercial gillnet means a gillnet for use in non-commercial fishing; non-transferable fishing licence means a fishing licence that cannot be transferred and may only be used by the holder of the licence; north-east octopus zone means all State waters east of the line of longitude 147ºE and north of the line of latitude 41ºS; north-west octopus zone means all State waters west of the line of longitude 147ºS and north of the line of latitude 41ºS; octopus pot means a container that – is used, or is capable of being used, for taking octopus; and is not more than 5 litres in volume; octopus zone means the north-east octopus zone and the north-west octopus zone; offshore waters means State waters that are not – coastal waters; or within the limits of the State; open season means the period, determined under Division 2 of Part 2, during which all or part of the scalefish fishery is open; prescribed license means the holder of a licence that authorises the taking of prescribed scalefish; prescribed scalefish means banded morwong, wrasse or Australian salmon; 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 or Government for the duration of the period for which the notice is in effect; published in a newspaper circulating generally in the State; purse seine net means an encircling net that – is used from a fishing vessel; and is pursed or drawn through rings into the shape of a bag; recreational licence means a fishing licence of a class specified in item 6 of the table in rule 7; report, in relation to an activity involving banded morwong, means a report that contains the information required under rule 70 to be provided in a report for such an activity; reporting service means a service approved under rule 70; rock lobster pot has the same meaning as in the Fisheries (Rock Lobster) Rules 2022; rock lobster ring has the same meaning as in the Fisheries (Rock Lobster) Rules 2022; scalefish means fish of a species specified in Schedule 1; scalefish licence means a fishing licence of a class specified in item 4 of the table in rule 7; scalefish record means a record relating to scalefish, including octopus, that is required to be kept under section 145 of the Act; seine licence means a fishing licence of a class specified in item 3 of the table in rule 7; seine net includes – a beach seine net; and a lampara net; and a purse seine net; set means to place, or attempt to place, in State waters; set line means a dropline or a longline; shark includes a shark carcass; shark net means a single-mesh net, of a type that is authorised for use to take shark under an appropriate authority, that – has a weighted bottom line; and is intended to be set with its bottom line on the seabed or riverbed; and has a mesh size of not less than 150 millimetres and not more than 165 millimetres; shark refuge area means the following areas:Blackman Bay; D'Entrecasteaux Channel; East Coast waters; Frederick Henry Bay and Norfolk Bay; Georges Bay; Great Oyster Bay; Mercury Passage; Pitt Water; Port Sorell; River Derwent; River Tamar; small-mesh gillnet means a single-mesh net that – has a weighted bottom line; and is intended to be set with its bottom line on the seabed or riverbed; and has a mesh size of not less than 75 millimetres and not more than 100 millimetres; spear includes – a spear gun; and any other apparatus with a pointed end that is used to fish; special small-mesh gillnet means a single-mesh net that – has a weighted bottom line; and is intended to be set with its bottom line on the seabed or riverbed; and has a mesh size of not less than 70 millimetres and not more than 100 millimetres; squid jig means a baited lure, or artificial lure, that – has one or more sets of pointed hooks or spikes; and is used to take squid; squid line means a line with a squid jig attached; subsidiary vessel means a dinghy, tender or other vessel that is – part of the equipment of a vessel used for non-commercial fishing; and transported with, capable of being carried on, and operates solely from, the vessel; and is not operated further than 2 nautical miles from the vessel; TAC area means State waters (other than the Tamar River) off the north, east and south coasts of Tasmania that are – south of the line of latitude 40º40'S; and east of an imaginary straight line starting at Low Head and running due north; and east of an imaginary straight line starting at Whale Head and running due south; trawl net means a net, whether fitted with a whiting codend or not, that is – a Danish seine net; or a board trawl net; unique identifying code, in relation to a person, means a unique number allotted to the person by the Secretary under rule 125; whiting codend means a codend that has a mesh size of not less than 42 millimetres calculated over a length of not more than 400 meshes;

In these rules, a reference to a species or type of fish is a reference to that species or type of fish as defined in Schedule 1.

In these rules, a reference to a body of waters, or a region, by name is a reference to the body of waters or region so named as defined in Schedule 2.

In these rules – a person is taken to be in charge of a vessel if a fisheries officer has reason to believe that the person is in charge of the vessel; and 2 fillets of fish are equivalent to one fish.

For the purposes of these rules, a gillnet is set once the entire headline length of the gillnet is placed in the water.

For the purposes of these rules, a hook or jig is taken to be in use if it is attached to a line, including a hand line.

Except as provided in subrule (4), these rules apply to the scalefish fishery.

A provision of these rules that relates to non-commercial fishing applies to all waters relevant to the State, as defined in the Act.

A reference to State waters in any provision of these rules that relates to non-commercial fishing is to be read as a reference to waters relevant to the State, as defined in the Act.

These rules, other than rule 8, do not apply to the following activities:the taking of scalefish for commercial purposes by diving or swimming underwater; fishing under the authority of a mackerel fishing licence; fishing for commercial purposes in offshore waters unless fishing under the authority of a fishing licence (rock lobster) or a fishing licence (octopus).

These rules continue in force until 1 July 2027.

The Minister must consult with the appropriate advisory committee, established under section 27 of the Act in relation to a fishery referred to in these rules, in respect of any changes relating to the following matters:

an area where fishing may occur;

a matter relating to the characteristics of a fish;

the opening and closing of the fishery;

fishing apparatus;

limits on taking and possessing fish;

the authority to take scalefish using a fishing licence.

For the purposes of these rules, a class of licence specified in the following table is made up of the fishing licences specified in respect of that class in that table.

A person must not take, buy, sell or be in possession of any fish specified in Schedule 3 that is –

less than the minimum size specified for that fish in that Schedule; or greater than the maximum size specified for that fish in that Schedule.

Grade 2 penalty.

The size of a fish is measured as follows:

in the case of a garfish, from the upper jaw to the end of the tail;

in the case of a banded morwong, from the most forward point of the fish to the caudal fork of the tail;

in the case of any other species or type of scalefish, from the tip of the snout to the end of the tail.

The weight of scalefish that has been gutted, filleted or headed and gutted before being weighed is calculated by multiplying the weight of the gutted, filleted or headed and gutted fish by the applicable conversion rate specified in Schedule 8.

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

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

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

A published notice, that contains a determination made under this rule, may be combined with another such published notice.