Fisheries (Mackerel) Rules 2019 (Tas)

Fisheries (Mackerel) Rules 2019

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

5 February 2019

GUY BARNETT

Minister for Primary Industries and Water

PART 1 - Preliminary

1. Short title These rules may be cited as the Fisheries (Mackerel) Rules 2019 .

2. Commencement These rules take effect on the day on which their making is notified in the Gazette.

3. Interpretation (1) In these rules – Act means the Living Marine Resources Management Act 1995 ; bycatch means all species of scalefish other than mackerel; Commonwealth authority means any licence, permit, right or other authority relating to a specific fishery granted under the Commonwealth Act; fishing trip means a trip undertaken for fishing, commencing on the departure from a port, port of landing or authorised mooring and ending on the return to a port, port of landing or authorised mooring; Grade 1 penalty means the penalty specified in regulation 5 of the Penalty Regulations; Grade 2 penalty means the penalty specified in regulation 6 of the Penalty Regulations; Grade 3 penalty means the penalty specified in regulation 7 of the Penalty Regulations; mackerel means – (a) fish of the species Emmelichthys nitidus (commonly known as redbait); and (b) fish of the species Scomber australasicus (commonly known as blue mackerel); and (c) fish of the genus Trachurus including – (i) Trachurus declivis (commonly known as common jack mackerel); and (ii) Trachurus murphyi (commonly known as Peruvian jack mackerel); and (iii) Trachurus novaezelandiae (commonly known as yellowtail scad); mackerel fishing licence means – (a) a fishing licence (mackerel A); or (b) a fishing licence (mackerel B); mackerel zone means – (a) all the State waters east of the line of longitude 146o 30' East (known as the eastern mackerel zone); and (b) all the State waters west of the line of longitude 146o 30' East (known as the western mackerel zone); market value – see rule 16 ; open season – see rule 12 ; Penalty Regulations means the Fisheries (Penalties) Regulations 2011 ; purse seine net has the same meaning as in the Fisheries (Scalefish) Rules 2015 ; reporting service means a reporting service approved under rule 20 ; scalefish has the same meaning as in the Fisheries (Scalefish) Rules 2015 ; shark refuge area means a shark refuge area specified in Schedule 1 ; site of unloading, of mackerel, means – (a) the first point where the mackerel or a container containing the mackerel – (i) is unloaded; or (ii) makes contact with a jetty or artificial extension of land; or (b) any other place determined by the Secretary; unloading means the act of taking mackerel onto land, or causing or permitting mackerel to be taken onto land, from a fishing vessel or State waters. (2) In these rules, a reference to a shark refuge area by name is a reference to the shark refuge area so named in column 2 (and as described in column 3) of the table in Schedule 1 ; (3) In these rules, unless the contrary intention appears, 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 to the Fisheries (Scalefish) Rules 2015 .