Fisheries (Giant Crab) Rules 2023 (Tas)

Fisheries (Giant Crab) Rules 2023

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

22 December 2023

JO PALMER

Minister for Primary Industries and Water

PART 1 - Preliminary

1. Short title These rules may be cited as the Fisheries (Giant Crab) Rules 2023 .

2. Commencement These rules take effect on 29 February 2024.

3. Interpretation In these rules – Act means the Living Marine Resources Management Act 1995 ; authorised mooring means a mooring authorised by MAST (the Marine and Safety Authority established by the Marine and Safety Authority Act 1997 ); cancellation report means a report to the reporting service made by approved means and containing approved information; caught, in relation to any giant crab or any kind of quota unit balance, does not include giant crab that are – (a) caught in a trap and returned to the water immediately after being hauled to the deck of a fishing vessel; or (b) deemed by the Secretary not to have been caught; closed season means a season or period during which all or part of the giant crab fishery is closed to fishing; commercial giant crab fishery means the fishery for giant crab for commercial purposes that consists of the class of persons who hold a licence to take giant crab for commercial purposes; commercial giant crab catch record and quota docket means a docket, in an approved form, relating to giant crab that is part of records required to be kept under the Act; commercial rock lobster and giant crab direct sales quota docket means a docket, in an approved form, relating to rock lobster or giant crab that is part of the records required to be kept under the Act; commercial rock lobster and giant crab sales receipt means a receipt, in an approved form, relating to rock lobster or giant crab that is part of the records required to be kept under the Act; day means the 24-hour period commencing at midnight of any calendar day; fish cauf means fishing apparatus used for holding fish in State waters; fishing quota unit balance, for a fishing licence for a quota year, means the portion of the total weight of giant crab quota units specified in the licence that remains to be caught in the quota year; fishing trip means a trip on a fishing vessel, undertaken for fishing by the holder of a fishing licence (giant crab), that – (a) commences when the fishing vessel departs from a port, port of landing or authorised mooring; and (b) ends when the fishing vessel returns to a port, port of landing or authorised mooring; giant crab means crab of the species Pseudocarcinus gigas; giant crab fishery means every activity that involves the taking and possession, under the Act, of giant crab by any person; giant crab longline means a line to which more than 2 traps are attached; giant crab quota unit means a unit that is an entitlement to take one 1 035th of the total allowable catch for the commercial giant crab fishery; 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 ; holder of a fishing licence includes (except in rules 18 , 25 and 32 ) a person who has approval to use the licence under section 87(2) of the Act; holding tank means a tank on land (or on or in a jetty or other structure attached to land) used to hold giant crab; immediate proximity, of any place or position, means – (a) within 100 metres of the place or position; or (b) within such greater distance of the place or position as the Secretary, by public notice, may specify for the purposes of this definition; movement report means a report to the reporting service made by approved means and containing approved information; open season means a season or period during which all or part of the giant crab fishery is open to fishing; port of landing means – (a) a port specified in Schedule 1 ; and (b) a port that the Secretary, by public notice, specifies to be a port of landing for the purposes of this definition; quota year means the period referred to in rule 18 during which the total allowable catch for the commercial giant crab fishery may be taken; relevant fishing certificate, in relation to a fishing licence, means the fishing certificate maintained by the Secretary under section 63 of the Act in respect of the fishing licence; reporting service means a service approved under rule 52(1) ; rock lobster pot has the same meaning as in the Fisheries (Rock Lobster) Rules 2022 ; set, a trap or giant crab longline, means to place or attempt to place the trap or giant crab longline in State waters; site of unloading, of giant crab, means – (a) the first point where the giant crab or a container containing the giant crab – (i) is unloaded; or (ii) makes contact with a jetty or artificial extension of land; or (b) any other place determined by the Secretary; State includes Territory; trap means a basket, cage, rock lobster pot or other contrivance that is designed for use, or is capable of being used, for or in connection with the taking of giant crab; unloading means the act of taking giant crab onto land, or causing or permitting giant crab to be taken onto land, from a fishing vessel, fish cauf or State waters; unloading report means a report to the reporting service made by approved means and containing approved information.