AustLII Tasmanian Numbered Regulations

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FISHERIES RULES 2019 (S.R. 2019, NO. 67) - REG 3

Interpretation

In these rules –
abalone means fish of the genus Haliotis ;
Act means the Living Marine Resources Management Act 1995 ;
approved automatic location communicator means an automatic location communicator of an approved make, model or type;
approved location means a location determined by a fisheries officer for the purpose of Part 3 ;
auxiliary vessel means a dinghy, tender or other vessel that is –
(a) part of the equipment of a fishing vessel; and
(b) transported with, capable of being carried on, and operates solely from, the fishing vessel; and
(c) not operated further than 2 nautical miles from the fishing vessel;
closed season means a season or period during which all or part of a fishery is closed for fishing;
Commonwealth authority means a licence, permit, right or other authority relating to a specific fishery granted under the Commonwealth Act;
distinguishing mark means a mark allocated under rule 16 ;
fish merchant means –
(a) the holder, or supervisor, of any licence other than a recreational fishing licence; or
(b) a person who sells fish;
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 ;
Great Oyster Bay means the waters enclosed north of an imaginary straight line extending from the southern extremity of Freycinet Peninsula to Seaford Point;
marine nature reserve means the following areas of land:
(a) Governor Island Marine Nature Reserve;
(b) Kent Group National Park;
(c) Macquarie Island Nature Reserve;
(d) Maria Island National Park;
(e) Ninepin Point Marine Nature Reserve;
(f) Southwest National Park;
(g) Tinderbox Marine Nature Reserve;
marine plant has the same meaning as in the Fisheries (Marine Plant) Rules 2017 ;
marine plant licence means one of the following licences:
(a) fishing licence (introduced marine plant);
(b) fishing licence (King Island kelp);
(c) fishing licence (marine plant);
(d) fishing licence ( Undaria );
mussel means molluscan bivalve of the family Mytildae ;
mussel spat means a mussel, the shell of which is less than 40 millimetres in length;
mussel spat collector means –
(a) any rope, tape or other device used for collecting or taking mussel spat; and
(b) any associated floats, ropes or moorings;
octopus means fish of the genus Octopus ;
offshore waters means State waters that are not –
(a) coastal waters; or
(b) within the limits of the State;
open season , in relation to a fishery for a kind or species of fish, means a season or period during which all or part of the fishery is open for fishing;
operating , in relation to an approved automatic location communicator, means the communicator is –
(a) transmitting the position of the fishing vessel as required; and
(b) receiving and accurately responding to electronic data;
published notice means a notice published in one or more of the following ways:
(a) published in the Gazette ;
(b) published on a website operated by, or on behalf of, the Department for the duration of the period for which the notice is in effect;
(c) published in a newspaper circulating generally in the State;
recreational fishing licence means one of the following licences:
(a) fishing licence (recreational abalone);
(b) fishing licence (recreational beach seine net);
(c) fishing licence (recreational graball net);
(d) fishing licence (recreational lobster pot);
(e) fishing licence (recreational mullet net);
(f) fishing licence (recreational rock lobster dive);
(g) fishing licence (recreational rock lobster ring);
(h) fishing licence (recreational scallop);
(i) fishing licence (recreational set line);
(j) fishing licence (recreational special rock lobster);
rock lobster means rock lobster of the genus Jasus or Sagmariasus ;
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 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;
scallop means fish of the species –
(a) Equichlamys bifrons (commonly known as queen scallop); or
(b) Pecten fumatus (commonly known as commercial scallop); or
(c) Mimachlamys asperrimus (commonly known as doughboy scallop);
scallop spat means a scallop that is less than 40 millimetres at its widest part when measured in accordance with Schedule 3 ;
scallop spat collector means –
(a) a frame, cage or other device used for collecting or taking scallop spat; and
(b) any associated floats, ropes or moorings;
set means to place in State waters;
shellfish licence means one of the following licences:
(a) fishing licence (clam – Georges Bay North);
(b) fishing licence (clam – Georges Bay South);
(c) fishing licence (cockle – Ansons Bay);
(d) fishing licence (native oyster – Georges Bay);
(e) fishing licence (Pacific oyster);
system , in relation to a vessel monitoring system, includes the component subsystems of –
(a) power supply; and
(b) communication hardware and software; and
(c) communication service providers;
Taroona waters means the waters of the River Derwent within 800 metres of the shore at Crayfish Point, Taroona, bounded by an imaginary line that –
(a) commences at the point on the high-water mark on the River Derwent at the prolongation of Nubeena Crescent; and
(b) continues south-easterly for a distance of approximately 800 metres; and
(c) continues from there by a southerly and south-westerly line parallel to, and 800 metres from, that high-water mark to a point on a line joining Piersons Point with the public boat ramp on the foreshore at Taroona; and
(d) continues from that ramp by the high-water mark to the point of commencement in paragraph (a);
Undaria has the same meaning as in the Fisheries (Marine Plant) Rules 2017 ;
vessel monitoring system means a satellite-based tracking system that monitors the location of vessels and includes an approved automatic location communicator;
wild , in relation to the location of any species or kind of fish, means State waters other than those to which a marine farming licence, specifying that species or kind of fish, relates.



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