Fisheries (General and Fees) Regulations 2016 (Tas)

Fisheries (General and Fees) Regulations 2016

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 .

23 May 2016

C. WARNER

Governor

By Her Excellency's Command,

JEREMY ROCKLIFF

Minister for Primary Industries and Water

PART 1 - Preliminary

1. Short title These regulations may be cited as the Fisheries (General and Fees) Regulations 2016 .

2. Commencement These regulations take effect on 24 May 2016.

3. Interpretation In these regulations – abalone means fish of the genus Haliotis; abalone deed of agreement means a deed of agreement – (a) entered into under section 99 of the Act; or (b) continued in force under section 14 of the Marine Resources (Savings and Transitional) Act 1995 ; Act means the Living Marine Resources Management Act 1995 ; banded morwong means fish of the species Cheilodactylus spectabilis; bivalve means fish of the class Bivalvia; blacklip abalone means fish of the species Haliotis rubra; child means a person who has not attained the age of 16 years; finfish means fish of the class Osteichthyes; 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 merchant means – (a) the holder of any licence other than a fishing licence (recreational); or (b) a person who carries on the business of selling fish; 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; fish trap has the same meaning as in the Fisheries (Scalefish) Rules 2015 ; fishing licence (abalone dive) means a fishing licence of a kind referred to in rule 7(a)(i) of the Fisheries (Abalone) Rules 2009 ; fishing licence (King Island kelp) means a fishing licence of a kind referred to in rule 6(a)(ii) of the Fisheries (Marine Plant) Rules 2017 ; giant crab means crab of the species Pseudocarcinus gigas; giant crab trap means a trap within the meaning of the Fisheries (Giant Crab) Rules 2013 ; 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; greenlip abalone means fish of the species Haliotis laevigata; GST has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth; holder of a fishing licence (abalone dive) includes a supervisor of such a licence; licensing year means the period beginning on 1 September each year and ending at midnight on 31 August the following year; mother boat means a fishing vessel that – (a) is used to transport holders of a fishing licence (abalone dive) on fishing trips for abalone; and (b) is used by holders of a fishing licence (abalone dive) – (i) to act as a diving platform to take abalone for commercial purposes; or (ii) to operate a fishing vessel, or auxiliary vessel, that acts as a diving platform to take abalone for commercial purposes; or (iii) to undertake a fishing trip which ends on a day other than the day on which it commenced; northern blacklip area means the area of State waters adjacent to the north, north-west and north-east coasts of the mainland of Tasmania and King Island, and those State waters generally north of a line bounded in the east by an imaginary line from the northern side of the mouth of the Great Musselroe River at Musselroe Bay running due west for 100 metres, then following the shoreline 100 metres from shore to the northernmost tip of Musselroe Point, then running due north until its junction with the line of latitude 40o 48' 00" South, and running due east to the outer limit of State waters, and bounded in the west by an imaginary line from the northernmost point of Woolnorth Point to the point of latitude 40o 37' 14.40" South, longitude 144o 41' 37.87" East, then running due north to the line of latitude 40o 16' 58.41" South, and running due west to the limit of State waters. Penalty Regulations means the Fisheries (Penalties) Regulations 2011 ; pensioner means a person who is – (a) the holder of a current Pensioner Concession Card issued in accordance with the Social Security Act 1991 of the Commonwealth; or (b) the holder of a current card issued in accordance with the Veterans' Entitlements Act 1986 of the Commonwealth; processing operation means treating fish by 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; rock lobster means rock lobster of the genus Jasus or Sagmariasus; scallop means fish of the species – (a) Equichlamys bifrons (commonly known as queen scallop); or (b) Pecten fumatus (commonly known as commercial scallop); or (c) Mimachlamys asperrimus (commonly known as doughboy scallop); shell length, in relation to an abalone, means the diameter of the abalone shell at its widest, whether the shell is broken or chipped or not; sporophyll means that part of an algal stem containing or producing spores; Undaria means – (a) exotic marine alga Undaria pinnatifida (commonly known as wakame); and (b) sporophyll of that alga; wild, in relation to any species or kind of fish, means State waters other than those to which a marine farming licence specifying that species or kind of fish relates.