Fisheries (Rock Lobster) Rules 2022 (Tas)

Fisheries (Rock Lobster) Rules 2022

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

7 September 2022

JOANNE PALMER

Minister for Primary Industries and Water

PART 1 - Preliminary

1. Short title These rules may be cited as the Fisheries (Rock Lobster) Rules 2022 .

2. Commencement These rules take effect on 1 November 2022.

3. Interpretation (1) In these rules – abalone means fish of the genus Haliotis; Act means the Living Marine Resources Management Act 1995 ; authorised mooring means a mooring that is authorised by the Marine and Safety Authority, as established under the Marine and Safety Authority Act 1997 ; auxiliary vessel means a dinghy, tender or other vessel that is – (a) part of the equipment of a fishing vessel; and (b) transported with, capable of being carried on, and operates solely from, the fishing vessel; and (c) is not operated further than 2 nautical miles from the fishing vessel; cancellation report means a report relating to cancellation of a report that is part of the records required to be kept under the Act; carapace means the shell that covers the dorsal surface of the cephalothorax of a rock lobster; carapace length, of a rock lobster (whether live, dead or processed), means the distance from the anterior surface of the median suture of the frontal tubercule to the posterior edge of the dorsal region of the carapace, excluding any attached hairs; catch-cap means the portion of the total allowable catch of rock lobster, determined under section 94(2)(c) of the Act, that may be taken from a catch-cap area; catch-cap area means an area of State waters determined by the Minister under section 94(2)(b) of the Act to be subject to a catch-cap; caught, in relation to any rock lobster or a rock lobster quota unit, does not include a rock lobster that – (a) is caught in a rock lobster pot or rock lobster ring and returned to the water immediately after being hauled to the deck of a fishing vessel; or (b) in accordance with a determination under subrule (2) , is deemed by the Secretary not to have been caught; changing part of fishery report means a report relating to changing the part of the fishery in which rock lobster are to be taken that is part of the records required to be kept under the Act; child means a natural person who has not attained the age of 10 years; closed season, in respect of the rock lobster fishery or a part of that fishery, means a season or period during which the fishery, or that part of the fishery, is closed to fishing; closed season report means a report made after taking male rock lobster during the closed season for male rock lobster that is part of the 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; commercial rock lobster catch record and quota docket means a docket, in an approved form, relating to rock lobster that is part of the records required to be kept under the Act; commercial rock lobster catch record and quota docket book means the book of commercial rock lobster catch record and quota dockets most recently issued to a licence holder for the purposes of the Act; commercial rock lobster fishery means the fishery for rock lobster for commercial purposes that consists of the class of persons who hold a licence to take rock lobster for commercial purposes; commercial transit report, in respect of a fishing zone, means a report by the holder of a fishing licence (rock lobster), relating to leaving that fishing zone, that is part of the records required to be kept under the Act; day means the 24-hour period commencing at midnight on any calendar day; D'Entrecasteaux Channel means the waters within the area bounded – (a) (in the south) by an imaginary straight line from Scott Point (situated at the entrance of Port Esperance) to the northernmost extremity of Partridge Island and the line of longitude 147º 5' 90" East between the southernmost extremity of Partridge Island and Labillardiere Peninsula on Bruny Island; and (b) (in the north) by an imaginary straight line from Dennes Point on Bruny Island to Piersons Point on the western shore of the River Derwent; distinguishing mark has the same meaning as in the Fisheries Rules 2019 ; diving means diving or swimming below the surface of the water; eastern region means – (a) all State waters lying eastwards of – (i) (in the north) an imaginary line running due north from the northernmost extremity of Point Sorell to the outer limit of State waters; and (ii) (in the south) an imaginary line running due south from the southernmost extremity of Whale Head to the outer limit of State waters; and (b) all islands and tidal sandbars lying within the State waters referred to in paragraph (a) of this definition, with the exception of Flinders Island, Cape Barren Island and Bruny Island; emergency unloading report means a report made after an emergency unloading of rock lobster that is part of the records required to be kept under the Act; female rock lobster fishery means such part of the rock lobster fishery where an open season, or a closed season, is determined in respect of female rock lobster; fish cauf means fishing apparatus used for holding fish in State waters; fish cauf report means a report made after rock lobster are placed in a fish cauf that is part of the records required to be kept under the Act; fish handler means the holder of a handling licence; fishing quota unit balance, for a fishing licence for a quota year, means the sum of – (a) the portion of the total weight of rock lobster quota units specified on the licence that remains to be caught in the quota year; and (b) the portion of the total weight of research quota units specified on the licence that remains to be caught in the quota year; fishing region means – (a) the eastern region; or (b) the western region; or (c) the northern bass strait waters; fishing trip means a trip on a vessel, undertaken for fishing, or in preparation for fishing, for commercial purposes that – (a) commences when the vessel departs from a port, port of landing or authorised mooring; and (b) ends when all rock lobster pots have been removed from State waters and the vessel returns to a port, port of landing or authorised mooring; fishing zone means – (a) the northern size limit zone; or (b) the southern size limit zone; fish processor means the holder of a fish processing licence; giant crab means crab of the species Pseudocarcinus gigas; 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 12 , 54 , 56 , 60 , 61 and 63 , 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 rock lobster; 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 published notice may specify for the purposes of this definition; inshore crab means crab of the family Portunidae or Grapside; irretrievable rock lobster pot report means a report, that is part of the records required to be kept under the Act, made by a non-commercial fisher if the fisher is unable to retrieve a rock lobster pot that has been set by the fisher; loading holding tank report means a report made after rock lobster are placed in a holding tank that is part of the records required to be kept under the Act; male rock lobster fishery means such part of the rock lobster fishery where an open season, or a closed season, is determined in respect of male rock lobster; movement report means a report relating to the movement of rock lobster that is part of the records required to be kept under the Act; non-commercial closed area transit report means a report by a non-commercial fisher, relating to fishing apparatus being used for a non-commercial fishing trip, that is part of the records required to be kept under the Act; non-commercial fisher means – (a) the holder of a recreational fishing licence; or (b) an Aborigine engaging in an Aboriginal activity; non-commercial fishing trip means a trip on a vessel where the only persons to take, or intending to take, rock lobster during the trip are persons taking rock lobster for a non-commercial purpose; non-commercial rock lobster fishery means that part of the rock lobster fishery comprising the taking or possession of rock lobster or giant crab by non-commercial fishers; non-commercial zone transit report, in relation to a fishing zone, means a report by a non-commercial fisher, relating to leaving that fishing zone, that is part of the records required to be kept under the Act; northern bass strait waters means that area of State waters north of the line of latitude 39° 33' South; northern size limit zone means, for the purposes of the rock lobster fishery, all State waters northwards of – (a) an imaginary line running due east at 43° 13' 18" South from the east coast; and (b) an imaginary line running due west at 42° South from the west coast – including such State waters that are east of an imaginary line through the centre of the width of Denison Canal Bridge in Dunalley such as Blackman Bay; open season means a season or period during which all or part of the rock lobster fishery is open to fishing; permanent dwelling includes a dwelling, a shack and the curtilage of a dwelling or shack, other than – (a) a portable or demountable dwelling such as a tent; or (b) a mobile or transportable dwelling such as a campervan, caravan or shipping container, even when fixed in place; or (c) commercial or industrial premises; port of landing means a port specified in Schedule 3 ; pre-fishing report means a report made before a fishing trip to take rock lobster that is part of the records required to be kept under the Act; prescribed manner, of marking the relevant tail fan segment of a rock lobster, means – (a) punching a hole that is at least 10 millimetres in diameter in the relevant tail fan segment; or (b) removing, by means of a transverse cut, the posterior quarter of the relevant tail fan segment so that only the anterior three quarters of that segment remain attached to the rock lobster; 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; quota year means the period referred to in rule 12(1) during which the total allowable catch for the commercial rock lobster fishery and the non-commercial rock lobster fishery may be taken; recreational fishing licence means a fishing licence of class recreational as referred to in rule 9(b) ; recreational rock lobster fishery means the fishery for rock lobster for recreational purposes that consists of the class of persons who hold a recreational fishing licence; 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; relevant tail fan segment, in relation to marking rock lobster in the prescribed manner, means – (a) if the rock lobster is taken in the northern size limit zone, the tail fan segment shown marked in the prescribed manner in Part 1 of Schedule 4 ; or (b) if the rock lobster is taken in the southern size limit zone, the tail fan segment shown marked in the prescribed manner in Part 2 of Schedule 4 ; reporting service means a service approved under rule 98(1) ; required sections, of a docket or record or a part of a docket or record, means, in relation to a licence holder, the sections that are identified in the docket, or record, as a required section in respect of an activity that has been, or is to be, undertaken by the licence holder; research quota unit means an entitlement to take rock lobster in accordance with rule 54 ; rock lobster means rock lobster of the genus Jasus or Sagmariasus; rock lobster fishery means every activity that involves the taking or possession, under the Act, of rock lobster by any person; rock lobster pot means – (a) a basket, trap, cage or other contrivance (other than a rock lobster ring) that is designed for use, or is capable of being used, for or in connection with the taking of rock lobster; or (b) a component part of such a basket, trap, cage or other contrivance; rock lobster ring means a net that – (a) consists only of a single fixed ring or hoop to which a mesh of string or twine is attached; and (b) is designed for use, or is capable of being used, for or in connection with the taking of rock lobster; set, a rock lobster pot or rock lobster ring, means to place or attempt to place the rock lobster pot or rock lobster ring in State waters; site of unloading, of rock lobster, means – (a) the first point where the rock lobster or a container containing the rock lobster – (i) is unloaded; or (ii) makes contact with a jetty or artificial extension of land; or (b) any other place determined by the Secretary; southern size limit zone means, for the purposes of the rock lobster fishery, all State waters southwards of – (a) an imaginary line running due east at 43° 13' 18" South from the east coast; and (b) an imaginary line running due west at 42° South from the west coast – including such State waters that are west of an imaginary line through the centre of the width of Denison Canal Bridge in Dunalley such as Frederick Henry Bay, Norfolk Bay and Storm Bay; State includes Territory; Taroona waters means Taroona waters as defined in the Fisheries Rules 2019 ; total number of rock lobster taken means the number of rock lobster taken, in aggregate, by all non-commercial fishers on the same fishing trip or same non-commercial fishing trip; transiting directly – see rule 4 ; travelling directly – see rule 5 ; UIC – see rule 37 ; unloading means the act of taking rock lobster onto land, or causing or permitting rock lobster to be taken onto land, from a fishing vessel, fish cauf or State waters; unloading report means a report made before unloading rock lobster that is part of the records required to be kept under the Act; western region means – (a) all State waters lying westwards of – (i) (in the north) an imaginary line running due north from the northernmost extremity of Point Sorell; and (ii) (in the south) an imaginary line running due south from the southernmost extremity of Whale Head; and (b) all islands and tidal sandbars lying within the State waters referred to in paragraph (a) of this definition. (2) For the purposes of paragraph (b) of the definition of caught in subrule (1) , the Secretary may determine the circumstances in which a rock lobster is deemed not to have been caught for the purposes of these rules. (3) A determination of the Secretary under subrule (2) – (a) if it relates to a single licence holder, is to be by written notice given to the licence holder to which the determination relates; or (b) in any other case, is to be made by published notice.