Tasmanian Numbered Regulations

FISHERIES (ROCK LOBSTER) RULES 2011 (S.R. 2011, NO. 92)

- (S.R. 2011, NO. 92)

TABLE OF PROVISIONS

           Long Title

   PART 1 - Preliminary

   1.      Short title
   2.      Commencement
   3.      Interpretation
   4.      Meaning of "transiting an area of State waters"
   5.      Application of rules
   6.      Duration of rules
   7.      Consultation arrangements
   8.      Classes of fishing licence

   PART 2 - General Management of Fishery

   9.      Total allowable catch
   10.     Persons authorised to take or possess rock lobster in State waters
   11.     Closed and open seasons, &c.
   12.     Closed seasons, &c. – general restrictions
   13.     Restrictions on possession of female rock lobster during closed season for female rock lobster
   14.     Restrictions on possession of rock lobster on fishing vessel during closed season for male rock lobster
   15.     Daily bag limit for persons who are not commercial fishers
   16.     Overall possession limit
   17.     Size limits – rock lobster
   18.     Size limit – rock lobster tail
   19.     Protection of female breeding stock
   20.     Dismembering rock lobster, &c.
   21.     Rock lobster not to be used as bait in fishing apparatus
   22.     Rock lobster not to be taken in Taroona waters
   23.     Persons authorised to possess untagged or unmarked rock lobster

   PART 3 - Non-commercial Rock Lobster Fishery

           Division 1 - General matters

   24.     Restrictions on non-commercial taking of rock lobster
   25.     Diving restrictions
   26.     Restrictions on non-commercial setting and use, &c., of rock lobster pots
   27.     Restrictions on non-commercial setting and use, &c., of rock lobster rings

           Division 2 - Non-commercial fishing licences

   28.     Authority of recreational fishing licences
   29.     Limit on number of recreational fishing licences that may be held
   30.     Restrictions on issue and use of special rock lobster licences
   31.     Children not eligible to hold recreational fishing licences
   32.     Daily bag limit in eastern region
   33.     Possession limits
   34.     Boat limits

           Division 3 - Identification, &c.

   35.     Identification of non-commercial fishers
   36.     Identification of rock lobster pots, rock lobster rings and fish caufs
   37.     Fishing apparatus tags for non-commercial fishers
   38.     Use of fishing apparatus tags

           Division 4 - Miscellaneous

   39.     Non-commercial use of fish caufs
   40.     Marking of rock lobster
   41.     Taking and possession of giant crab

   PART 4 - Commercial Rock Lobster Fishery

           Division 1 - Taking and catch controls and catch management

   42.     Taking of rock lobster
   43.     Fishing quota unit balance not to be exceeded
   44.     Overcatch provisions
   45.     Deduction of excess catch from quota
   46.     Commercial rock lobster quota docket book
   47.     Deduction from quota at end of quota year
   48.     Research quota units

           Division 2 - Commercial fishing licences

   49.     Authority of fishing licence (rock lobster)
   50.     Certain fishing licence (rock lobster) applications to be granted
   51.     Cap on number of fishing licences (rock lobster)
   52.     Maximum licence holdings
   53.     Current copy of licence to be kept on fishing vessel during fishing trip

           Division 3 - Quota units

   54.     Allocation of rock lobster quota units
   55.     Minimum and maximum quota unit holdings
   56.     Requirements relating to licences with fewer than 15 quota units
   57.     Restrictions on transfer of quota units

           Division 4 - Unloading, sale, transfer and transportation controls

   58.     All rock lobster to be unloaded
   59.     Rock lobster to be unloaded at port of landing
   60.     Sale or transfer of rock lobster to fish processor or handler
   61.     Transportation of rock lobster to fish processor or handler
   62.     Sale or transfer of rock lobster to person other than fish processor or handler
   63.     Return of rock lobster not sold or transferred
   64.     Export of rock lobster by aircraft or vessel
   65.     Unloading of rock lobster interstate from fishing vessel
   66.     Sale or transfer of rock lobster from holding tank

           Division 5 - Miscellaneous controls

   67.     Taking or possession of octopus
   68.     Taking or possession of inshore crab
   69.     Taking or possession of giant crab
   70.     Recording, &c., of dead rock lobster
   71.     Transfer of rock lobster between vessels
   72.     Fishing in two jurisdictions
   73.     Places where rock lobster may be held or stored
   74.     Retention of rock lobster for personal use

   PART 5 - Fishing Apparatus

           Division 1 - Rock lobster pots

   75.     Restrictions on setting, use and possession of rock lobster pots
   76.     Restrictions on setting, use and possession of rock lobster pots for commercial purposes
   77.     Restrictions on length of time rock lobster pots may be continuously set
   78.     Restrictions on number of rock lobster pots that may be set or used
   79.     Restrictions on where rock lobster pots may be set or used
   80.     Restrictions on configuration of rock lobster pots
   81.     Marker buoy requirements for rock lobster pots

           Division 2 - Rock lobster rings

   82.     Restrictions on setting, use and possession of rock lobster rings

           Division 3 - Fish caufs and holding tanks

   83.     Restrictions on attaching marker buoys to fish caufs
   84.     Restrictions and requirements relating to fish caufs
   85.     Restrictions and requirements relating to holding tanks

   PART 6 - Reporting and Tracking

           Division 1 - Reports

   86.     Reporting service
   87.     Unloading reports
   88.     Alternative reporting arrangements
   89.     Making reports
   90.     Cancellation reports
   91.     False, misleading or incomplete information
   92.     Provision of receipt numbers

           Division 2 - Dockets

   93.     Measurement of weights
   94.     Conflicts of interest

           Division 3 - Records

   95.     Records of general information
   96.     Records of rock lobster catch

   PART 7 - Miscellaneous

   97.     Tagging requirements
   98.     Tagging exemptions
   99.     Vessel monitoring systems
   100.    Public notices
   101.    Presumption as to possession of rock lobster held by children
   102.    Transitional provision
   103.    Infringement notice offences and penalties
   104.    Legislation rescinded
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 4