Tasmanian Consolidated Regulations

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FISHERIES (SHELLFISH) RULES 2017 - REG 3

Interpretation
In these rules, unless the contrary intention appears –
abalone means fish of the genus Haliotis ;
Act means the Living Marine Resources Management Act 1995 ;
Ansons Bay means the State waters enclosed west of an imaginary straight line extending from the easternmost point of Policemans Point in a north-westerly direction to the southernmost point of the spit originating on the northern side of the bay;
Ansons Bay Cockle Zone means that part of Ansons Bay enclosed within the boundary formed by drawing four straight imaginary lines to connect the following points in the following order:
(a) intersection of line of latitude 41 o 03.3322' South with line of longitude 148 o 16.5213' East;
(b) intersection of line of latitude 41 o 02.7612' South with line of longitude 148 o 17.0236 East;
(c) intersection of line of latitude 41 o 03.5185' South with line of longitude 148 o 17.4792' East;
(d) intersection of line of latitude 41 o 03.7879' South with line of longitude 148 o 17.2873' East;
(e) intersection of line of latitude 41 o 03.3322' South with line of longitude 148 o 16.5213' East;
assistant means an employee or other person who assists the holder of a fishing licence in fishing under the licence;
clam means –
(a) venerupis clam and other molluscan bivalve of the family Veneridae (except those of the genus Katelysia); and
(b) molluscan bivalve of the family Pinnidae (commonly known as razor clam);
cockle means –
(a) katelysia cockle; and
(b) molluscan bivalve of the family Glycymeridae (commonly known as dog cockle); and
(c) molluscan bivalve of the family Cardiidae;
diving equipment includes –
(a) compressors and compressed air equipment; and
(b) scuba tanks; and
(c) wetsuits and diving suits; and
(d) facemasks, flippers and snorkels;
fish cauf means an apparatus that is used for the purposes of holding fish in State waters;
fishing licence (class shellfish) means a fishing licence of a kind referred to in rule 6(a) ;
fishing licence (commercial dive) has the same meaning as in the Fisheries (Commercial Dive) Rules 2011 ;
fishing trip means a trip undertaken for fishing, commencing on the departure from a port and ending on the return to port;
Georges Bay means the State waters enclosed west of an imaginary straight line extending from the tip of Grants Point to the tip of St Helens Point in the north-east of the State;
Georges Bay North Clam Zone means that part of Georges Bay north of line of latitude 41 o 18.4797' South;
Georges Bay South Clam Zone means that part of Georges Bay south of line of latitude 41 o 18.4797' South;
Grade 1 penalty means the penalty specified in regulation 5 of the Fisheries (Penalties) Regulations 2011 ;
Grade 2 penalty means the penalty specified in regulation 6 of the Fisheries (Penalties) Regulations 2011 ;
Grade 3 penalty means the penalty specified in regulation 7 of the Fisheries (Penalties) Regulations 2011 ;
holder of a licence includes, except in rule 18 , a person who has approval under section 87(2) of the Act to use the licence;
katelysia cockle means molluscan bivalve of the genus Katelysia ;
land means to bring shellfish ashore or in contact with a pier, jetty or other artificial extension of land;
landing area means the area on the landward side of the high-water mark within a 50-metre radius of the point of landing;
licensing year means the period beginning on 1 September each year and ending at midnight on 31 August the following year;
mussel means molluscan bivalve of the family Mytilidae;
native oyster means molluscan bivalve of the species Ostrea angasi ;
on board a punt or other vessel, in relation to equipment, includes attached to the punt or other vessel, whether directly or indirectly, by hooks, lashings or any other means;
Pacific oyster means molluscan bivalve of the species Crassostrea gigas ;
periwinkle means molluscan gastropod of the genus Turbo ;
pipi means molluscan bivalve of the family Donacidae;
purge site means a location in State waters where shellfish are placed for the purpose of purging them of undesirable elements such as sand, grit and natural waste;
purge site record  – see rule 47(1) ;
purge supervisor , of a licence, means a person who has approval under section 87(2) of the Act to use the licence, but solely for the purposes of removing shellfish from a purge site endorsed on the licence in connection with their sale or transfer;
quota period  – see rule 7 ;
shellfish means clams, cockles, pipis, mussels, oysters and other fish of the class Bivalva and Gastropoda, other than –
(a) abalone; and 
(b) scallops; and
(c) fish referred to in regulation 15 of the Fisheries (General and Fees) Regulations 2016 ; and
(d) fish farmed under a marine farming licence;
shellfish disposal receipt means a receipt, in an approved form, that –
(a) relates to the sale or transfer of shellfish; and
(b) is part of the records required to be kept under the Act;
shellfish docket means a docket, in an approved form, that –
(a) relates to the taking of shellfish; and
(b) is part of the records required to be kept under the Act;
shellfish fishery means the taking or possession of shellfish in State waters by any person;
venerupis clam means molluscan bivalve of the genus Venerupis ;
wedge shell means molluscan bivalve of the family Mesodesmatidae;
whelk means molluscan gastropod of the family Buccinidae or Fasciolariidae;
whole weight means the weight of a fish, including the shell, before it is dismembered, dried or otherwise processed.



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