Fisheries (Marine Plant) Rules 2017 (Tas)

Fisheries (Marine Plant) Rules 2017

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

16 August 2017

JEREMY ROCKLIFF

Minister for Primary Industries and Water

PART 1 - Preliminary

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

2. Commencement These rules take effect on 1 September 2017.

3. Interpretation In these rules – Act means the Living Marine Resources Management Act 1995 ; assistant, in relation to a marine plant fishing licence, means a person who assists the supervisor of the licence in carrying out an activity under the authority of that licence; Blackman Bay means the waters within the area bounded – (a) in the west by the western entrance of the Denison Canal; and (b) in the east by an imaginary straight line from the southern extreme of Long Spit due east to the opposite shore of Little Chinaman Bay; cast, in relation to a marine plant, means a marine plant that has been cast onshore by wave action, tidal action, storm action or other natural forces but does not include a marine plant attached to the seabed or other substrate; fishing licence (commercial dive) means a licence of that class referred to in rule 7(a) of the Fisheries (Commercial Dive) Rules 2011 ; fishing licence (introduced marine plant) – see rule 6(a)(i) ; fishing licence (King Island kelp) – see rule 6(a)(ii) ; fishing licence (marine plant) – see rule 6(a)(iii) ; fishing licence (Undaria) – see rule 6(a)(iv) ; 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 ; introduced marine plant means – (a) a marine plant of the genus Grateloupia and the species turuturu; and (b) Undaria; and (c) such other marine plants as the Secretary by public notice may specify for the purposes of this definition; kelp means a marine plant of the order Laminariales or Fucales; kind includes genus, family and order; licensing year means the period beginning on 1 September each year and ending at midnight on 31 August the following year; marine plant means – (a) algae and seaweed of the following divisions: (i) Chlorophyta (green algae); (ii) Heterokontophyta of the class Phaeophyceae (brown algae); (iii) Rhodophyta (red algae); or (b) seagrass of the division Magnoliophyta; marine plant fishery means the taking and possession, under the Act, of marine plants by any person in State waters; marine plant fishing licence means – (a) a fishing licence (introduced marine plant); or (b) a fishing licence (King Island kelp); or (c) a fishing licence (marine plant); or (d) a fishing licence (Undaria); native marine plant means marine plants other than introduced marine plants; sporophyll means that part of an algal stem containing or producing spores; substrate includes a reef, tidal rock ledge, underwater ledge and cliff face; Undaria means – (a) marine alga of the genus Undaria and the species pinnatifida (commonly known as wakame); and (b) sporophyll of that alga; Undaria zone means those State waters adjacent to the east coast of the mainland of Tasmania from Binalong Bay 41° 14' 11.73"S and 148° 17' 29.62"E in the North to Whale Head in the South.