AustLII Tasmanian Numbered Regulations

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FISHERIES (INFRINGEMENT NOTICES) AMENDMENT REGULATIONS 2006 (S.R. 2006, NO. 35) - REG 7

Schedule 9 inserted

After Schedule 8 to the Principal Regulations , the following Schedule is inserted:
SCHEDULE 9 - Offences under Fisheries (Commercial Dive) Rules 2005

Regulation 11

Column 1

Rule

Column 2

General description of offence

Column 3

Penalty units

13(2)

Holder of fishing licence (commercial dive) taking controlled fish from closed waters

5

13(3)

Holder of fishing licence (commercial dive) possessing controlled fish in closed waters

5

14(2)

Holder of fishing licence (commercial dive) taking or possessing controlled fish smaller than minimum size limit

2

15(2)

Holder of fishing licence (commercial dive) contravening public notice under rule 15(1)

4

16(1)

Holder of fishing licence (commercial dive) failing to complete information regarding controlled fish in part A of docket at prescribed time

2

16(2)

Holder of fishing licence (commercial dive) failing to ensure information on part A of docket is recorded and maintained in clear and legible manner

2

17(1)

Holder of fishing licence (commercial dive) failing to complete part B of docket as prescribed on direct sale of controlled fish

2

17(2)

Holder of fish processing licence failing to immediately complete part B of docket on taking possession of controlled fish from holder of fishing licence (commercial dive)

2

17(3)

Person who enters information on part B of docket under rule 17(1) or 17(2) failing to ensure information is recorded and maintained in clear and legible manner

2

18(1)

Holder of fishing licence (commercial dive) failing to ensure pink sheet of docket is received by Secretary within 48 hours once part B completed

2

18(2)

Holder of fishing licence (commercial dive) failing to keep white sheet of docket in good condition for 5 years

2

19(1)

Holder of fish processing licence taking possession of controlled fish from holder of fishing licence (commercial dive) without receiving yellow sheet of docket

2

19(2)

Holder of fish processing licence failing to keep yellow sheet of docket with controlled fish while being processed and in good condition for 5 years

2

20(1)

Taking controlled fish for commercial purpose without prescribed licence

4

20(2)

Holder of fishing licence (commercial dive) taking fish other than controlled fish except in accordance with endorsement under rule 9

4

21

Holder of fishing licence (commercial dive) taking controlled fish using vessel not specified in fishing licence (vessel)

2

22(1)

Entering water from vessel used by another person for fishing under authority of fishing licence (commercial dive) without also holding that licence

3

22(2)

Holder of fishing licence (commercial dive) entering water from fishing vessel if 2 or more other persons are using that vessel for fishing under authority of fishing licence (commercial dive)

2

23(1)

Person on vessel used for fishing under authority of fishing licence (commercial dive) possessing prescribed species or apparatus

3

24

Engaging in recreational fishing for which licence is required while fishing under authority of fishing licence (commercial dive)

3

25(1)

Holder of fishing licence (commercial dive) failing to immediately issue sales receipt for direct sale of controlled fish and to keep copy of receipt in good condition for 5 years

2

26(1)

Holder of fishing licence (commercial dive) taking sea urchins other than by prescribed means

4

Displayed and numbered in accordance with the Rules Publication Act 1953 .

Notified in the Gazette on 24 May 2006

These regulations are administered in the Department of Primary Industries and Water.

EXPLANATORY NOTE

(This note is not part of the regulation)

These regulations amend the Fisheries (Infringement Notices) Regulations 2001 by –
(a) prescribing the offences under the Fisheries (Giant Crab) Rules 2006 , the Fisheries (Rock Lobster) Rules 2006 and the Fisheries (Commercial Dive) Rules 2005 for which infringement notices may be issued; and
(b) prescribing the penalties payable for those offences; and
(c) removing the infringement notice offences and penalties relating to the superseded Fisheries (Rock Lobster and Giant Crab Rules) 2001 .


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