Tasmanian Numbered Regulations
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FISHERIES (GENERAL AND FEES) REGULATIONS 2006 (S.R. 2006, NO. 34) - REG 3
Interpretation
In these regulations abalone means fish of the genus Haliotis ;
abalone deed of agreement means a deed of agreement (a) made under
section 99 of the Act; or
(b) continued in force under section 14 of the
Marine Resources (Savings and Transitional) Act 1995 ;
Act means the
Living Marine Resources Management Act 1995 ;
area A means the area of State
waters adjacent to the south and west coasts of the mainland of Tasmania
between an imaginary straight line due south from Whale Head near South East
Cape and an imaginary straight line due west from the mouth of the Wild Wave
River near Sandy Cape;
Bass Strait area means the area of State waters
adjacent to the north coast of Tasmania and in Bass Strait bounded in the west
by the line of longitude 145° 22 42 East and in the east by
an imaginary line beginning where the line of longitude 147° 27
00 East meets the high-water mark of the north coast of the mainland of
Tasmania in Anderson Bay then running due north until its junction with the
line of latitude 40° 00 36.32 South then due east along that
line of latitude until its junction with the high-water mark of the west coast
of Flinders Island then following the high-water mark of Flinders Island in a
generally clockwise direction until its junction with the line of longitude
148° 07 14.81 East then due north along that line of
longitude to the limit of State waters;
bivalve means fish of the class
Bivalvia;
blacklip abalone means fish of the species Haliotis rubra ;
child
means a person under the age of 16 years;
Couta Rocks area means the area of
State waters adjacent to the west coast of Tasmania bounded in the north by an
imaginary line running due west from the mouth of the Arthur River to the
limit of State waters and in the south by an imaginary line running due west
from Wild Wave River near Sandy Cape to the limit of State waters;
east coast
area means the area of State waters adjacent to the east, south-east and south
coasts of Tasmania bounded in the north by an imaginary line starting from the
northern side of the mouth of the Great Musselroe River at Musselroe Bay,
running due west for 100 metres, following the shoreline 100 metres from shore
to the northernmost tip of Musselroe Point, running due north until
intersection with the line of latitude 40 o 48' 00" South and running due east
to the outer limit of State waters and bounded in the south by an imaginary
straight line running due south from Whale Head near South East Cape to the
outer limit of State waters;
finfish means fish of the class Osteichthyes;
fish merchant means (a) the holder of any licence other than a
fishing licence (recreational); or
(b) a person who carries on the business of
selling fish;
fishing licence (abalone dive) means a fishing licence (abalone
dive) within the meaning of the Fisheries (Abalone) Rules 2000 ;
giant crab
means crab of the species Pseudocarcinus gigas ;
Grade 1 penalty means the
penalty specified in regulation 5 of the Penalty Regulations;
Grade 2 penalty
means the penalty specified in regulation 6 of the Penalty Regulations;
Grade
3 penalty means the penalty specified in regulation 7 of the Penalty
Regulations;
greenlip abalone means fish of the species Haliotis laevigata ;
holder of a fishing licence (abalone dive) includes a supervisor of such a
licence;
King Island greenlip area means the area of State waters adjacent to
King Island bounded by the line of latitude 40 o 20' 00" South in the south,
the line of longitude 143 o 30' 00" East in the west, the line of latitude 39
o 30' 00" South in the north and the line of longitude 144 o
30' 00" East in the east;
licensing year means the period beginning on
1 September each year and ending at midnight on 31 August the
following year;
mother boat means a fishing vessel that (a) under
normal circumstances is not to be towed on land on a trailer; and
(b) is more
than 15 metres long; and
(c) is used to transport holders of a fishing licence
(abalone dive) on fishing trips for abalone; and
(d) is used by holders of a
fishing licence (abalone dive) (i) to act as a diving platform to
take abalone for commercial purposes; or
(ii) to operate a dinghy from that
acts as a diving platform to take abalone for commercial purposes;
north coast
greenlip area means the area of State waters adjacent to the west and north
coasts of mainland Tasmania beginning at the mouth of the Arthur River, west
along the line of latitude 41 o 3' 34" South until the junction with the line
of longitude 144 o 20' 00" East, north along that line of longitude until the
junction with the line of latitude 40 o 20' 00" South, east along that line of
latitude until the junction with the line of longitude 146 o 49' 55" East and
south along that line of longitude until Three Mile Bluff;
northern area means
the area of State waters adjacent to the north, north-west and north-east
coasts of the mainland of Tasmania, the Furneaux Group of islands and King
Island, and those State waters north of an imaginary line running from the
northern side of the mouth of the Great Musselroe River at Musselroe Bay due
west for 100 metres, following the shoreline 100 metres from shore to the
northernmost tip of Musselroe Point, running due north until its junction with
the line of latitude 40 o 48' 00" South, and then running due east to the
outer limit of State waters, and north of an imaginary line running due west
from the mouth of the Arthur River to the outer limit of State waters;
northern blacklip area means the area of State waters adjacent to the north,
north-west and north-east coasts of the mainland of Tasmania, the Furneaux
Group of islands and King Island, and those State waters generally north of a
line bounded in the east by an imaginary line from the northern side of the
mouth of the Great Musselroe River at Musselroe Bay, running due west for 100
metres, following the shoreline 100 metres from shore to the northernmost tip
of Musselroe Point, running due north until intersection with the line of
latitude 40 o 48' 00" South, and running due east to the outer limit of State
waters, and bounded in the west by an imaginary line from the northernmost
point of Woolnorth Point to Brown Rocks and running due west to the limit of
State waters;
north-west area means the area of State waters adjacent to the
west coast and north-west coast of Tasmania bounded in the north by an
imaginary line running from the northernmost point of Woolnorth Point to Brown
Rocks and then running due west to the limit of State waters and in the south
by an imaginary line running due west from the mouth of the Arthur River to
the limit of State waters;
Penalty Regulations means the Fisheries Penalties
Regulations 2001 ;
pensioner means a person in receipt of any pension,
allowance, supplement or benefit under a law of the Commonwealth;
Perkins Bay
greenlip area means (a) the area of State waters adjacent to the
north coast of Tasmania bounded by an imaginary line running due north from
Cowrie Point along the line of longitude 145 o 22 7.6 East until
its junction with the line of latitude 40 o 35 00 South, then west
along that line of latitude until its junction with the line of longitude 145
o 2 52.2 East and then south along that line of longitude; and
(b)
the area of State waters adjacent to the north coast of Tasmania known as
Robbins Passage bounded on the east by an imaginary line running due north
along the line of longitude 145 o 2 52.2 East and bounded on the
west by an imaginary line running due north along the line of longitude 144 o
55 00 East;
processing operation means treating fish by a process
that includes any one or more of the following: (a) cutting up;
(b) breaking
up;
(c) shelling;
(d) skinning;
(e) shucking;
(f) filleting;
(g) cooking;
(h)
voiding;
(i) purging;
(j) packing;
(k) freezing;
(l) canning;
restricted zone
means the State waters inshore of an imaginary line extending from Cape
Degerando to Cape Sonnerat to Mistaken Cape to Cape Frederick Henrick, other
than the waters of Blackman Bay west of an imaginary straight line from the
southern most extent of the spit to the northern most part of Little Chinaman
Bay;
rock lobster means rock lobster of the genus Jasus ;
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);
shell length , in
relation to an abalone, means the diameter of the abalone shell at its widest,
whether the shell is broken or chipped or not;
southern area means the area of
State waters adjacent to the east, south-east, south, south-west and west
coasts of Tasmania bounded in the north on the east coast by an imaginary line
from the northern side of the mouth of the Great Musselroe River at Musselroe
Bay running due west for 100 metres, following the shoreline 100 metres from
shore to the northernmost tip of Musselroe Point, running due north until its
junction with the line of latitude 40° 48' 00" South, and then running
due east to the outer limit of State waters, and bounded in the north on the
west coast by an imaginary line running due west from the mouth of the Arthur
River to the limit of State waters;
sporophyll means that part of an algal
stem containing or producing spores;
Undaria means (a) exotic
marine alga Undaria pinnatifida (commonly known as wakame); and
(b) sporophyll
of that alga;
wild , in relation to 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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