Tasmanian Numbered Regulations

FISHERIES (ROCK LOBSTER) RULES 2022 (S.R. 2022, NO. 67)

- (S.R. 2022, NO. 67)

TABLE OF PROVISIONS

           Long Title

   PART 1 - Preliminary

   1.      Short title
   2.      Commencement
   3.      Interpretation
   4.      Meaning of transiting directly – commercial fishing
   5.      Meaning of travelling directly – non-commercial fishing
   6.      Application of rules
   7.      Duration of rules
   8.      Consultation arrangements
   9.      Classes of fishing licence

   PART 2 - General Management of Fishery

           Division 1 - Closed and open seasons

   10.     Closed and open seasons for fishery
   11.     Closed and open seasons – general restrictions

           Division 2 - Authority to take or possess rock lobster

   12.     Total allowable catch for fishery
   13.     Persons authorised to take or possess rock lobster in State waters
   14.     Overall possession limit

           Division 3 - Size limits

   15.     Size limits – general
   16.     Size limits – commercial fishing
   17.     Size limits – non-commercial fishing

           Division 4 - Miscellaneous

   18.     Protection of female breeding stock
   19.     Dismembering rock lobster &c.
   20.     Rock lobster not to be used as bait in fishing apparatus
   21.     Rock lobster not to be taken in Taroona waters
   22.     Persons authorised to possess untagged or unmarked rock lobster

   PART 3 - Non-commercial Rock Lobster Fishery

           Division 1 - General requirements

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

           Division 2 - Non-commercial fishing licences

   27.     Authority of recreational fishing licences
   28.     Limit on number of recreational fishing licences that may be held
   29.     Children not eligible to hold recreational fishing licences

           Division 3 - Bag, possession and boat limits

   30.     Possession limit – non-commercial fisher
   31.     Daily bag and possession limits – non-commercial fisher
   32.     Boat limits in non-commercial fishery
   33.     Sharing of rock lobster when fishing in group

           Division 4 - Marking rock lobster

   34.     Marking of rock lobster – non-commercial
   35.     Possession or handling of marked rock lobster generally
   36.     Possession of marked rock lobster in certain zones of non-commercial rock lobster fishery

           Division 5 - Identification &c.

   37.     Identification of non-commercial fishers
   38.     Identification of rock lobster pots, rock lobster rings and fish caufs
   39.     Alternative identification of rock lobster pots and rock lobster rings used in Aboriginal activities
   40.     Fishing apparatus tags for non-commercial fishers
   41.     Use of fishing apparatus tags

           Division 6 - Miscellaneous

   42.     Non-commercial use of fish caufs
   43.     Unattended rock lobster on vessels
   44.     Taking and possessing giant crab

   PART 4 - Commercial Rock Lobster Fishery

           Division 1 - Taking, catch controls and catch management

   45.     Taking rock lobster
   46.     Restrictions on possession of female rock lobster during closed season for female rock lobster
   47.     Restrictions on possession of rock lobster on fishing vessel during closed season for male rock lobster
   48.     Persons authorised to possess rock lobster outside of State waters
   49.     Fishing quota unit balance not to be exceeded
   50.     Over-catch provisions
   51.     Deduction of excess catch from quota
   52.     Commercial rock lobster catch record and quota docket book
   53.     Deduction from quota at end of quota year
   54.     Research quota units

           Division 2 - Commercial fishing licences

   55.     Authority of fishing licence (rock lobster)
   56.     Certain fishing licence (rock lobster) applications to be granted
   57.     Cap on number of fishing licences (rock lobster)
   58.     Maximum licence holdings
   59.     Current copy of licence to be kept on fishing vessel during fishing trip

           Division 3 - Quota units

   60.     Allocation of rock lobster quota units
   61.     Minimum and maximum quota unit holdings
   62.     Requirements relating to licences with fewer than 15 quota units
   63.     Transfer of rock lobster quota units &c.
   64.     Carry-over of quota unit in exceptional circumstances
   65.     Carry-over of undercatch in commercial rock lobster fishery
   66.     Carry-over of partially caught quota unit on same entitlement

           Division 4 - Unloading, sale, transfer and transportation controls

   67.     All rock lobster to be unloaded
   68.     Rock lobster to be unloaded at port of landing
   69.     Approved ports of landing for catch-cap and other areas
   70.     Sale or transfer of rock lobster to fish processor or handler
   71.     Transportation of rock lobster to fish processor or handler
   72.     Sale or transfer of rock lobster to person other than fish processor or handler
   73.     Return of rock lobster not sold or transferred
   74.     Export of rock lobster by aircraft or vessel
   75.     Sale or transfer of rock lobster from holding tank
   76.     Rock lobster to be kept separate during transportation

           Division 5 - Miscellaneous controls

   77.     Possession of abalone on certain fishing vessels
   78.     Recording, &c., of dead rock lobster
   79.     Transfer of rock lobster between vessels
   80.     Fishing in two jurisdictions
   81.     Prohibition on possession of rock lobster taken from other States
   82.     Places where rock lobster may be held or stored
   83.     Retention of rock lobster for personal use

   PART 5 - Fishing Apparatus

           Division 1 - Rock lobster pots

   84.     Restrictions on setting, using and possessing rock lobster pots
   85.     Tampering with rock lobster pots
   86.     Restriction on number of rock lobster pots that may be possessed, set or used
   87.     Restrictions on setting, use and possession of rock lobster pots for commercial purposes
   88.     Restrictions on length of time rock lobster pots may be continuously set in commercial fishery
   89.     Setting pots at night
   90.     Restrictions on number of rock lobster pots that may be set or used
   91.     Restrictions on where rock lobster pots may be set or used
   92.     Prescribed specifications for rock lobster pots
   93.     Marker buoy requirements for rock lobster pots

           Division 2 - Rock lobster rings

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

           Division 3 - Fish caufs and holding tanks

   95.     Restrictions on attaching marker buoys to fish caufs
   96.     Requirements for commercial use of fish caufs
   97.     Restrictions and requirements relating to holding tanks

   PART 6 - Reporting and Tracking

           Division 1 - Reports generally

   98.     Reporting service
   99.     When a report is to be made
   100.    Alternative reporting arrangements
   101.    False, misleading or incomplete information
   102.    Measurement of weights
   103.    Provision of receipt numbers
   104.    Cancellation report

           Division 2 - Reports for non-commercial rock lobster fishery

   105.    Report for lost or irretrievable rock lobster pot
   106.    Non-commercial zone transit report
   107.    Non-commercial closed area transit report
   108.    Non-commercial fishing report

           Division 3 - Reports and dockets for commercial rock lobster fishery

   109.    Pre-fishing report
   110.    Changing part of fishery report
   111.    Commercial transit report
   112.    Unloading report
   113.    Conflicts of interest
   114.    Unauthorised possession of unused dockets

           Division 4 - Records

   115.    Records of general information
   116.    Records of commercial rock lobster catch

   PART 7 - Miscellaneous

   117.    Tagging requirements
   118.    Tagging exemptions
   119.    Published notices
   120.    Presumption as to possession of rock lobster held by children
   121.    Presumption as to taking or possession of certain rock lobster
   122.    Transitional provision
   123.    Infringement notice offences and penalties
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 4
           SCHEDULE 5
           SCHEDULE 6