Fisheries (Penalties) Regulations 2021 (Tas)

Fisheries (Penalties) Regulations 2021

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia acting with the advice of the Executive Council, make the following regulations under the Living Marine Resources Management Act 1995 .

15 February 2021

C. WARNER

Governor

By Her Excellency's Command,

GUY BARNETT

Minister for Primary Industries and Water

PART 1 - Preliminary

1. Short title These regulations may be cited as the Fisheries (Penalties) Regulations 2021 .

2. Commencement These regulations take effect on 2 March 2021.

3. Interpretation In these regulations – abalone has the same meaning as in the Fisheries (Abalone) Rules 2017 ; Act means the Living Marine Resources Management Act 1995 ; commercial licence means a licence issued for commercial purposes; first offence means a first offence against any fisheries regulation or fisheries rule; fisheries regulation means a regulation made and in force under the Act; fisheries rule means a rule made and in force under Part 3 or 5 of the Act; fish trap has the same meaning as in the Fisheries (Scalefish) Rules 2015 ; giant crab has the same meaning as in the Fisheries (Giant Crab) Rules 2013 ; level 1 offence means an offence that involves – (a) fewer than – (i) 10 rock lobsters; or (ii) 2 giant crabs; or (iii) 100 scallops; or (iv) 5 sharks; or (v) 20 abalone; or (vi) 20 kilograms of abalone; or (vii) 20 fish of any other species; or (b) fewer than – (i) 3 rock lobster pots; or (ii) 4 rock lobster rings; or (iii) 3 fish traps; or (c) less than 1% of the total number of rock lobster, giant crab, abalone or scallops taken by, or in the possession of, the person convicted of the offence if the person was operating under a subsisting commercial licence for that species when the offence was committed; level 2 offence means an offence that involves – (a) no fewer than – (i) 10 rock lobsters; or (ii) 2 giant crabs; or (iii) 100 scallops; or (iv) 5 sharks; or (v) 20 abalone; or (vi) 20 kilograms of abalone; or (vii) 20 fish of any other species; or (b) no fewer than – (i) 3 rock lobster pots; or (ii) 4 rock lobster rings; or (iii) 3 fish traps; or (c) not less than 1% of the total number of rock lobster, giant crab, abalone or scallops taken by, or in the possession of, the person convicted of the offence if the person was operating under a subsisting commercial licence for that species when the offence was committed; rock lobster has the same meaning as in the Fisheries (Rock Lobster) Rules 2011 ; rock lobster pot has the same meaning as in the Fisheries (Rock Lobster) Rules 2011 ; rock lobster ring has the same meaning as in the Fisheries (Rock Lobster) Rules 2011 ; scallop has the same meaning as in the Fisheries (Scallop) Rules 2020 ; second offence means an offence against any fisheries regulation, or fisheries rule, committed by a person who has previously been convicted of one offence under any – (a) fisheries regulation; or (b) fisheries rule; or (c) section of the Act; shark has the same meaning as in Schedule 1 to the Fisheries (Scalefish) Rules 2015 ; third or subsequent offence means an offence against any fisheries regulation, or fisheries rule, committed by a person who has previously been convicted of 2 or more offences under any – (a) fisheries regulation; or (b) fisheries rule; or (c) section of the Act.