Tasmanian Numbered Regulations

FISHERIES (GIANT CRAB) RULES 2006 (S.R. 2006, NO. 7) - REG 3

3. Interpretation

In these rules –

"Act" means the Living Marine Resources Management Act 1995 ;

"authorised mooring" means a mooring authorised by MAST (the Marine and Safety Authority established under the Marine and Safety Authority Act 1997 );

"cancellation report" means a report to the reporting service made by approved means and containing approved information;

"caught" , in relation to any giant crab or any kind of quota unit balance, does not include giant crab that are –

(a) caught in a trap and returned to the water immediately after being hauled to the deck of a fishing vessel; or

(b) deemed by the Secretary not to have been caught;

"closed season" means a season or period during which all or part of the giant crab fishery is closed to fishing;

"closed season report" means a report to the reporting service made by approved means and containing approved information;

"commercial giant crab fishery" means the fishery for giant crab for commercial purposes that consists of the class of persons who hold a licence to take giant crab for commercial purposes;

"commercial giant crab quota docket" means a docket, in an approved form, relating to giant crab that is part of records required to be kept under the Act;

"commercial rock lobster and giant crab direct sales quota docket" means a docket, in an approved form, relating to rock lobster or giant crab that is part of the records required to be kept under the Act;

"commercial rock lobster and giant crab sales receipt" means a receipt, in an approved form, relating to rock lobster or giant crab that is part of the records required to be kept under the Act;

"day" means the 24-hour period commencing at midnight of any calendar day;

"emergency unloading report" means a report to the reporting service made by approved means and containing approved information;

"export" , giant crab, means transport the giant crab beyond the limits of State waters;

"fish cauf" means fishing apparatus used for holding fish in State waters;

"fish cauf report" means a report to the reporting service made by approved means and containing approved information;

"fishing quota unit balance" , for a fishing licence for a quota year, means the sum of –

(a) the portion of the total weight of giant crab quota units specified in the licence that remains to be caught in the quota year; and

(b) the portion of the total weight of giant crab carry over units specified in the licence that remains to be caught in the quota year;

"fishing trip" means a trip undertaken for fishing, commencing on the departure from a port, port of landing or authorised mooring and ending on the return to a port, port of landing or authorised mooring;

"giant crab" means crab of the species Pseudocarcinus gigas ;

"giant crab carry over unit" , for a fishing licence (giant crab), means a unit equivalent to the weight of giant crab allocated to the licence under rule 23;

"giant crab catch record" means a record, in an approved form, relating to giant crab catch that is part of records required to be kept under the Act;

"giant crab fishery" means every activity that involves the taking and possession, under the Act, of giant crab by any person;

"giant crab longline" means a line to which more than 2 traps are attached;

"giant crab quota unit" means a unit that is an entitlement to take one 1 035th of the total allowable catch for the commercial giant crab fishery;

"Grade 1 penalty" means the penalty specified in regulation 5 of the Fisheries Penalties Regulations 2001 ;

"Grade 2 penalty" means the penalty specified in regulation 6 of the Fisheries Penalties Regulations 2001 ;

"Grade 3 penalty" means the penalty specified in regulation 7 of the Fisheries Penalties Regulations 2001 ;

"holder of a fishing licence" includes (except in rules 17, 25 and 31) a person who has approval to use the licence under section 87(2) of the Act;

"holding tank" means a tank on land (or on or in a jetty or other structure attached to land) used to hold giant crab;

"immediate proximity" , of any place or position, means –

(a) within 100 metres of the place or position; or

(b) within such greater distance of the place or position as the Secretary, by public notice, may specify for the purposes of this definition;

"interstate port of landing report" means a report to the reporting service made by approved means and containing approved information;

"leaving port report" means a report to the reporting service made by approved means and containing approved information;

"movement report" means a report to the reporting service made by approved means and containing approved information;

"open season" means a season or period during which all or part of the giant crab fishery is open to fishing;

"port of landing" means a port specified in Schedule 1;

"pre-fishing report" means a report to the reporting service made by approved means and containing approved information;

"quota year" means the period referred to in rule 17 during which the total allowable catch for the commercial giant crab fishery may be taken;

"relevant fishing certificate" , in relation to a fishing licence, means the fishing certificate maintained by the Secretary under section 63 of the Act in respect of the fishing licence;

"reporting service" means a service approved under rule 52(1);

"rock lobster pot" has the same meaning as in the Fisheries (Rock Lobster) Rules 2006 ;

"set" , a trap or giant crab longline, means to place or attempt to place the trap or giant crab longline in State waters;

"site of unloading" , of giant crab, means –

(a) the first point where the giant crab or a container containing the giant crab –

(i) is unloaded; or

(ii) makes contact with a jetty or artificial extension of land; or

(b) any other place determined by the Secretary;

"State" includes Territory;

"trap" means a basket, cage or other contrivance that is designed for use, or is capable of being used, for or in connection with the taking of giant crab;

"unloading" means the act of taking giant crab onto land, or causing or permitting giant crab to be taken onto land, from a fishing vessel, fish cauf or State waters;

"unloading report" means a report to the reporting service made by approved means and containing approved information;

"vessel monitoring system" means a navigational measuring system that –

(a) determines the location and activities of a vessel; and

(b) is capable of transmitting data about that location and those activities via a satellite communication system.