(1)  In this rule –

rock lobster tag means a tag issued by the Secretary that is –

(a) in an approved form; and

(b) marked with a distinctive number allocated by the Secretary; and

(c) if relevant, in the approved colour.

(2)  A person must not possess rock lobster at a place where the business of selling fish is carried on unless –

(a) the relevant rock lobster tag is securely fastened to a horn of each rock lobster; or

(b) each rock lobster is tagged in another manner approved by the Secretary.

Penalty:  Grade 3 penalty.

(3)  A person must not possess, sell or purchase rock lobster for consumption in Tasmania unless –

(a) the relevant rock lobster tag is securely fastened to a horn of each rock lobster; or

(b) each rock lobster is tagged in another manner approved by the Secretary.

Penalty:  Grade 3 penalty.

(4)  Subrules (2) and (3) do not apply to a person in respect of any rock lobster if –

(a) the person is the holder of a fishing licence (rock lobster) and –

(i) is in possession of the rock lobster in State waters; or

(ii) is in possession of the rock lobster in a holding tank; or

(iii) the rock lobster are 5 or fewer in number and have been retained in accordance with rule 83 ; or

(b) the person is a fish processor and is processing, transporting, holding or storing the rock lobster; or

(c) the person is a fish handler and is transporting, holding or storing the rock lobster; or

(d) the person is in possession of the rock lobster as a non-commercial fisher and the rock lobster are marked in accordance with rule 34 .

(5)  Subrule (3) does not apply to the holder of a fishing licence (rock lobster) in respect of any rock lobster if –

(a) the licence is endorsed for the use of a holding tank; and

(b) the rock lobster are being held in a holding tank in order to be sold directly to persons other than fish processors or fish handlers; and

(c) each rock lobster that is so sold is tagged with the relevant rock lobster tag in accordance with that subrule as soon as it is removed from the holding tank.

(6)  The holder of a fishing licence (rock lobster) must not sell or transfer rock lobster to a person other than a fish processor or fish handler unless, before the rock lobster are removed from the immediate proximity of the site of unloading –

(a) the relevant rock lobster tag is securely fastened to a horn of each rock lobster; or

(b) each rock lobster is tagged in another manner approved by the Secretary.

Penalty:  Grade 3 penalty.

(7)  Subrule (6) does not apply to the holder of a fishing licence (rock lobster) in respect of a rock lobster if it is being –

(a) stored for the purposes of export; or

(b) transported for the purposes of export.

(8)  If the holder of a fish processing licence or handling licence (the vendor ) sells rock lobster to any person in Tasmania who is not a fish processor or fish handler, the vendor must ensure that each rock lobster so sold is tagged in accordance with subrule (6) before the rock lobster leaves the vendor's possession.

Penalty:  Grade 3 penalty.

(9)  Except with the written authorisation of the Secretary, a person (the transferor ) must not transfer to another person a rock lobster tag that the Secretary has issued to the transferor.

Penalty:  Grade 2 penalty.

(10)  A person must not use a rock lobster tag more than once.

Penalty:  Grade 3 penalty.

(11)  A person who prepares rock lobster to be sold as a meal must deface each rock lobster tag removed from the rock lobster by cutting the tag diagonally across its numbered face immediately before the meal is prepared.

Penalty:  Grade 3 penalty.

(12)  A person must not possess a closed rock lobster tag that –

(a) is not fastened to a rock lobster; or

(b) has not been defaced in accordance with subrule (11) .

Penalty:  Grade 3 penalty.

(13)  A person is not guilty of an offence in respect of a requirement under this rule if the person –

(a) is exempt from complying with that requirement pursuant to rule 118 ; and

(b) is complying with the conditions, if any, of that exemption.