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              Fisheries Amendment Rules 2005  (S.R. 2005, No. 8)





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                                   CONTENTS

        Fisheries Amendment Rules 2005
            1. Short title
            2. Commencement
            3. Principal Rules
            4. Rule 3 amended (Interpretation)
            5. Rule 15 amended (Marine nature reserve)
            6. Schedules 1 and 2 inserted

                          Fisheries Amendment Rules 2005

    I make the following rules under the Living Marine Resources Management Act
    1995.

    10 February 2005

                                                                        S. KONS

                                      Minister for Primary Industries and Water

    1. Short title

    These rules may be cited as the Fisheries Amendment Rules 2005.

    2. Commencement

    These rules take effect on the day on which their making is notified in the
    Gazette.

    3. Principal Rules

    In these rules, the Fisheries Rules 1999 are referred to as the Principal
    Rules.

    4. Rule 3 amended (Interpretation)

    Rule 3(1) of the Principal Rules is amended as follows:


        (a) by omitting "reserved" from the definition of "marine nature
        reserve" and substituting "areas of";

        (b) by omitting paragraphs (d) and (e) from the definition of "marine
        nature reserve" and substituting the following paragraphs:

               
                (d) Kent Group National Park;

                (e) Maria Island National Park;

                (f) Southwest National Park;

                (g) Macquarie Island Nature Reserve;

        (c) by inserting the following definition after the definition of
        "recreational fishing licence":

                "restricted fishing" means the following types of fishing:


                    (a) taking abalone by diving;

                    (b) taking rock lobster by  


                        (i) diving; or

                        (ii) rock lobster pots; or

                        (iii) rock lobster rings;

                    (c) taking scalefish by  


                        (i) trolling; or

                        (ii) line fishing with five or less hooks;

    5. Rule 15 amended (Marine nature reserve)

    Rule 15 of the Principal Rules is amended by inserting after subrule (2)
    the following subrule:


              (3) Subrule (1) does not apply to restricted fishing within  


            (a) the restricted take zone for the Kent Group National Park as
            specified in Part 1 of Schedule 1; or

            (b) the restricted take zone for the Southwest National Park as
            specified in Part 1 of Schedule 2.

    6. Schedules 1 and 2 inserted

    After rule 48 of the Principal Rules, the following Schedules are inserted:


                         SCHEDULE 1 - Kent Group National Park

              PART 1 - Restricted take zone for Kent Group National Park

        The restricted take zone for the Kent Group National Park is the area
        of water comprising approximately 15 048 hectares, shown as Lot 1 with
        coordinates expressed using Geocentric Datum of Australia and bounded
        by a heavy black line on Plan 6481 in the Central Plan Register, a
        reduced copy of which is set out, by way of illustration only, in
        Part 2 of this Schedule.

                                     PART 2 - Plan

                                        [index]

                         SCHEDULE 2 - Southwest National Park

               PART 1 - Restricted take zone for Southwest National Park

        The restricted take zone for the Southwest National Park is the area of
        water comprising approximately 7 810 hectares, shown as Lot 1 with
        coordinates expressed using Geocentric Datum of Australia and bounded
        by a heavy black line on Plan 6482 in the Central Plan Register, a
        reduced copy of which is set out, by way of illustration only, in
        Part 2 of this Schedule.

                                     PART 2 - Plan

                                        [index]

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

    Notified in the Gazette on 16 February 2005.

    These rules are administered in the Department of Primary Industries, Water
    and Environment.

                                 EXPLANATORY NOTE

                        (This note is not part of the rule)

    These rules amend the Fisheries Rules 1999 by  


        (a) including two new national parks in the definition of "marine
        nature reserve"; and

        (b) allowing restricted fishing to take place in those national parks;
        and

        (c) making minor consequential amendments.