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 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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