Fisheries (Commercial Dive) Rules 2021 (Tas)

Fisheries (Commercial Dive) Rules 2021

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

3 December 2021

GUY BARNETT

Minister for Primary Industries and Water

PART 1 - Preliminary

1. Short title These rules may be cited as the Fisheries (Commercial Dive) Rules 2021 .

2. Commencement These rules take effect on 16 February 2022.

3. Interpretation (1) In these rules – abalone means fish of the genus Haliotis; Act means the Living Marine Resources Management Act 1995 ; commercial dive direct sales receipt means a receipt in an approved form that – (a) relates to the sale, transfer or transit of fish taken under the authority of a fishing licence (commercial dive); and (b) is part of a record required to be kept under the Act; commercial dive fishery means the taking of controlled fish, for commercial purposes, by diving in State waters; commercial diver's docket means a docket in an approved form that – (a) relates to the taking of fish under the authority of a fishing licence (commercial dive); and (b) is part of the records required to be kept under the Act; controlled fish means – (a) periwinkles; or (b) sea urchins; or (c) a fish of a kind specified in an endorsement on a licence under rule 9 ; direct sale, of controlled fish, means a sale of controlled fish – (a) to a person other than a fish processor; or (b) if the fish have not been caufed or in some other way processed; diving means diving, or swimming, below the surface of the water; fish cauf means apparatus used to hold live fish; fish cauf site, in relation to a licence, means the location where the holder of the licence is authorised under the licence to hold live fish in a fish cauf; fish processor means the holder of a fish processing licence; Grade 1 penalty means the penalty specified in regulation 5 of the Fisheries (Penalties) Regulations 2021 ; Grade 2 penalty means the penalty specified in regulation 6 of the Fisheries (Penalties) Regulations 2021 ; Grade 3 penalty means the penalty specified in regulation 7 of the Fisheries (Penalties) Regulations 2021 ; kind includes genus and family; landing site means an area specified in Schedule 1 ; licensing year means the period beginning on 1 September each year and ending at midnight on 31 August the following year; on, a vessel, includes being on a dinghy, a tender or a small auxiliary craft being used in connection with the vessel; periwinkle means mollusc of the species Lunella undulata; point of sale means the point at which a purchaser of controlled fish takes possession of the controlled fish; prior fishing report means a report, provided before undertaking a fishing trip under the authority of a fishing licence (commercial dive), that is part of records required to be kept under the Act; published notice means a notice published in one or more of the following ways: (a) published in the Gazette; (b) published, on a website operated by or on behalf of the Department, for the duration of the period for which the notice is in effect; (c) published in a newspaper circulating generally in the State; reporting service means a service approved by the Secretary under subrule (2) ; rock lobster means rock lobster of the genus Jasus or Sagmariasus; sea urchin means sea urchin of the genus Heliocidaris or Centrostephanus; shellfish has the same meaning as in the Fisheries (Shellfish) Rules 2017 ; Undaria means – (a) exotic marine alga Undaria pinnatifida (commonly known as wakame); and (b) sporophyll of that alga; whole weight, in relation to a fish, means the whole weight of the fish before it is dismembered, dried, shelled or otherwise processed. (2) The Secretary may approve a service as the service that may receive reports for the purposes of these rules. (3) In these rules, a reference to the holder of a fishing licence includes a person who has been granted approval to use the licence in accordance with section 87 of the Act.