Fisheries (Shellfish) Rules 2017 (Tas)

Fisheries (Shellfish) Rules 2017

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

6 March 2017

JEREMY ROCKLIFF

Minister for Primary Industries and Water

PART 1 - Preliminary

1. Short title These rules may be cited as the Fisheries (Shellfish) Rules 2017 .

2. Commencement These rules take effect on 21 March 2017.

3. Interpretation In these rules, unless the contrary intention appears – abalone means fish of the genus Haliotis; Act means the Living Marine Resources Management Act 1995 ; Ansons Bay means the State waters enclosed west of an imaginary straight line extending from the easternmost point of Policemans Point in a north-westerly direction to the southernmost point of the spit originating on the northern side of the bay; Ansons Bay Cockle Zone means that part of Ansons Bay enclosed within the boundary formed by drawing four straight imaginary lines to connect the following points in the following order: (a) intersection of line of latitude 41o03.3322' South with line of longitude 148o16.5213' East; (b) intersection of line of latitude 41o02.7612' South with line of longitude 148o17.0236 East; (c) intersection of line of latitude 41o03.5185' South with line of longitude 148o17.4792' East; (d) intersection of line of latitude 41o03.7879' South with line of longitude 148o17.2873' East; (e) intersection of line of latitude 41o03.3322' South with line of longitude 148o16.5213' East; assistant means an employee or other person who assists the holder of a fishing licence in fishing under the licence; clam means – (a) venerupis clam and other molluscan bivalve of the family Veneridae (except those of the genus Katelysia); and (b) molluscan bivalve of the family Pinnidae (commonly known as razor clam); cockle means – (a) katelysia cockle; and (b) molluscan bivalve of the family Glycymeridae (commonly known as dog cockle); and (c) molluscan bivalve of the family Cardiidae; diving equipment includes – (a) compressors and compressed air equipment; and (b) scuba tanks; and (c) wetsuits and diving suits; and (d) facemasks, flippers and snorkels; fish cauf means an apparatus that is used for the purposes of holding fish in State waters; fishing licence (class shellfish) means a fishing licence of a kind referred to in rule 6(a) ; fishing licence (commercial dive) has the same meaning as in the Fisheries (Commercial Dive) Rules 2011 ; fishing trip means a trip undertaken for fishing, commencing on the departure from a port and ending on the return to port; Georges Bay means the State waters enclosed west of an imaginary straight line extending from the tip of Grants Point to the tip of St Helens Point in the north-east of the State; Georges Bay North Clam Zone means that part of Georges Bay north of line of latitude 41o18.4797' South; Georges Bay South Clam Zone means that part of Georges Bay south of line of latitude 41o18.4797' South; 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 ; holder of a licence includes, except in rule 18 , a person who has approval under section 87(2) of the Act to use the licence; katelysia cockle means molluscan bivalve of the genus Katelysia; land means to bring shellfish ashore or in contact with a pier, jetty or other artificial extension of land; landing area means the area on the landward side of the high-water mark within a 50-metre radius of the point of landing; licensing year means the period beginning on 1 September each year and ending at midnight on 31 August the following year; mussel means molluscan bivalve of the family Mytilidae; native oyster means molluscan bivalve of the species Ostrea angasi; on board a punt or other vessel, in relation to equipment, includes attached to the punt or other vessel, whether directly or indirectly, by hooks, lashings or any other means; Pacific oyster means molluscan bivalve of the species Crassostrea gigas; periwinkle means molluscan gastropod of the genus Turbo; pipi means molluscan bivalve of the family Donacidae; purge site means a location in State waters where shellfish are placed for the purpose of purging them of undesirable elements such as sand, grit and natural waste; purge site record – see rule 47(1) ; purge supervisor, of a licence, means a person who has approval under section 87(2) of the Act to use the licence, but solely for the purposes of removing shellfish from a purge site endorsed on the licence in connection with their sale or transfer; quota period – see rule 7 ; shellfish means clams, cockles, pipis, mussels, oysters and other fish of the class Bivalva and Gastropoda, other than – (a) abalone; and (b) scallops; and (c) fish referred to in regulation 15 of the Fisheries (General and Fees) Regulations 2016 ; and (d) fish farmed under a marine farming licence; shellfish disposal receipt means a receipt, in an approved form, that – (a) relates to the sale or transfer of shellfish; and (b) is part of the records required to be kept under the Act; shellfish docket means a docket, in an approved form, that – (a) relates to the taking of shellfish; and (b) is part of the records required to be kept under the Act; shellfish fishery means the taking or possession of shellfish in State waters by any person; venerupis clam means molluscan bivalve of the genus Venerupis; wedge shell means molluscan bivalve of the family Mesodesmatidae; whelk means molluscan gastropod of the family Buccinidae or Fasciolariidae; whole weight means the weight of a fish, including the shell, before it is dismembered, dried or otherwise processed.