Fisheries (Processing and Handling) Rules 2021 (Tas)

Fisheries (Processing and Handling) Rules 2021

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

24 November 2021

GUY BARNETT

Minister for Primary Industries and Water

PART 1 - Preliminary

1. Short title These rules may be cited as the Fisheries (Processing and Handling) Rules 2021 .

2. Commencement These rules take effect on 2 January 2022.

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 ; cancellation report means a report, containing approved information, made by approved means to a reporting service; commercial abalone dive docket means a docket, relating to abalone quota, that is part of records required to be kept under the Act; commercial giant crab quota docket means a docket, relating to giant crab quota, that is part of records required to be kept under the Act; commercial rock lobster quota docket means a docket, relating to rock lobster quota, that is part of records required to be kept under the Act; dispatch report means a report, containing approved information, made by approved means to a reporting service; export means transport beyond the limits of State waters; fish cauf means fishing apparatus used for holding fish in State waters; fish dispatch docket means a docket, relating to the movement of abalone, rock lobster or giant crab, that is part of records required to be kept under the Act; fish receipt docket means a docket, relating to the receipt of abalone, rock lobster or giant crab, that is part of records required to be kept under the Act; form of abalone, rock lobster or giant crab, means – (a) live; or (b) dead in shell; or (c) dead not in shell; or (d) canned; or (e) frozen; or (f) dried; giant crab means crab of the species Pseudocarcinus gigas; Grade 3 penalty means the penalty specified in regulation 7 of the Fisheries (Penalties) Regulations 2021 ; holder, in relation to a licence, includes a person authorised as a supervisor in respect of the licence; holding tank means a tank on land (or on or in a jetty or other structure attached to land) used to hold abalone, giant crab or rock lobster; immediate proximity, in relation to premises, a site or a place, means – (a) within 100 metres from the premises, site or place; or (b) within a greater distance as the Secretary by public notice may specify for the purposes of the definition of immediate proximity in the Fisheries (Giant Crab) Rules 2013 or the Fisheries (Rock Lobster) Rules 2011 ; landed, in relation to abalone, rock lobster or giant crab, means when any abalone, rock lobster or giant crab, or any abalone container, rock lobster container or giant crab container – (a) is taken ashore; or (b) makes contact with a jetty or other artificial extension of land after the abalone, rock lobster or giant crab has been taken; licence means – (a) a fish processing licence; or (b) a handling licence; live weight means the weight of any abalone, rock lobster, or giant crab, that – (a) is alive or dead; and (b) has not undergone a processing operation; movement report means a report, containing approved information, made by approved means to a reporting service; place means any building or structure, whether permanent or temporary; prior movement report means a report, containing approved information, made by approved means to a reporting service; processing operation means treating fish by any one or more of the following processes: (a) cutting up; (b) breaking up; (c) shelling; (d) skinning; (e) shucking; (f) filleting; (g) cooking; (h) drying; (i) curing; (j) smoking; (k) voiding; (l) purging; (m) packing, for the purpose of dispatching the fish from the processing premises; (n) freezing; (o) canning; processing premises means – (a) any place, vessel or vehicle in respect of which a fish processing licence is in force; or (b) any place specified in a fish processing licence as a place where fish may be held or stored; receipt report means a report, containing approved information, made by approved means to a reporting service; reporting service means a reporting service approved under rule 11 ; rock lobster means rock lobster of the genus Jasus; site of unloading, of abalone, giant crab or rock lobster, or a container of abalone, giant crab or rock lobster, means – (a) the first point where the abalone, giant crab or rock lobster, or container of abalone, giant crab or rock lobster – (i) is unloaded; or (ii) makes contact with a jetty or other artificial extension of land; or (b) any other site determined by the Secretary to be a site of unloading; unit of weight includes – (a) a bin, crate or other container capable of being used to transport or move fish; and (b) a collection of bins, crates or other containers capable of being used to transport or move fish; weighing instrument means a measuring instrument, as defined in the National Measurement Act 1960 of the Commonwealth, used for weighing.