In these rules –

Act means the Living Marine Resources Management Act 1995 ;

authorised mooring means a mooring that is authorised by MAST (the Marine and Safety Authority established under the Marine and Safety Authority Act 1997 );

cancellation report means a report to the reporting service made by approved means and containing approved information;

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;

caught , in relation to any rock lobster or any kind of quota unit balance, does not include rock lobster that are –

(a) 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) deemed by the Secretary not to have been caught;

child means a natural person who has not attained the age of 10 years;

closed season means a season or period during which all or part of the rock lobster fishery is closed to fishing;

closed season report means a report to the reporting service made by approved means and containing approved information;

commencement day means the day on which these rules take effect;

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 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 rock lobster 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;

day means the 24-hour period commencing at midnight of 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;

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;

emergency unloading report means a report to the reporting service made by approved means and containing approved information;

export , rock lobster, means transport the rock lobster beyond the limits of State waters;

fish cauf means fishing apparatus used for holding fish in State waters;

fish cauf report means a report to the reporting service made by approved means and containing approved information;

fish handler means the holder of a handling licence;

fish processor means the holder of a fish processing 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 in the licence that remains to be caught in the quota year; and

(b) the portion of the total weight of research quota units specified in the licence that remains to be caught in the quota year;

fishing trip means a trip undertaken for fishing, commencing on the departure from a port, port of landing or authorised mooring and ending on the return to a port, port of landing or authorised mooring;

giant crab means crab of the species Pseudocarcinus gigas ;

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 fishing licence includes (except in rule 9 , rule 48 , rule 50 and rule 57 ) 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 public notice may specify for the purposes of this definition;

inshore crab means crab of the family Portunidae or Grapside ;

interstate port of landing report means a report to the reporting service made by approved means and containing approved information;

leaving port report means a report to the reporting service made by approved means and containing approved information;

movement report means a report to the reporting service made by approved means and containing approved information;

non-commercial fisher means –

(a) the holder of a recreational fishing licence; or

(b) an Aborigine engaging in an Aboriginal activity;

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;

octopus means fish of the genus Octopus ;

open season means a season or period during which all or part of the rock lobster fishery is open to fishing;

port of landing means a port specified in Schedule 1 ;

quota year means the period referred to in rule 9(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 referred to in rule 8(b) ;

recreational rock lobster fishery means the fishery for rock lobster for recreational purposes that consists of the class of persons who hold a licence to take rock lobster for recreational purposes;

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 86(1) ;

required sections , of any docket or record or a part of any docket or record, means the sections that, as indicated in the docket or record, are to be completed for the activity in respect of which the expression "required sections" is used;

research quota unit means an entitlement to take rock lobster in accordance with rule 48 ;

rock lobster means rock lobster of the genus Jasus ;

rock lobster catch record means a record, in an approved form, relating to rock lobster catch that is part of the records required to be kept under the Act;

rock lobster catch record book means the book of rock lobster catch records issued to a licensee for the purposes of the Act;

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 quota unit means a unit that is an entitlement to one-10 507th of the total allowable catch for the commercial rock lobster fishery;

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;

State includes Territory;

Taroona waters means Taroona waters as defined in the Fisheries Rules 2009 ;

transit , an area of State waters – see rule 4 ;

UIC  – see rule 35 ;

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 to the reporting service made by approved means and containing approved information;

vessel monitoring system means a navigational measuring system that –

(a) determines the location and activities of a vessel; and

(b) is capable of transmitting data about that location and those activities via a satellite communication system;

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 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.