Tasmanian Numbered Regulations

FISHERIES (GIANT CRAB) RULES 2006 (S.R. 2006, NO. 7) - REG 39

39. Unloading of giant crab interstate from fishing vessel

      (1) The holder of a fishing licence (giant crab) must not unload giant crab in another State from a fishing vessel, or cause or permit giant crab to be unloaded in another State from a fishing vessel, unless –

(a) the unloading is authorised by an endorsement on the licence; and

(b) all the giant crab are unloaded before another fishing trip is commenced; and

(c) the giant crab are sold only to the holder of a fish processing licence; and

(d) the prescribed requirements have been complied with.

Penalty:

Grade 3 penalty.

      (2) The prescribed requirements for subrule (1) are as follows:

(a) a fisheries officer, at an approved port, must have inspected the giant crab and sealed them in a holding tank or well on the fishing vessel;

(b) the number of giant crab to be unloaded must have been recorded on Part A of a commercial giant crab quota docket before the giant crab left the approved port;

(c) the giant crab must have remained sealed in the holding tank or well until the giant crab reached the port of landing;

(d) the holder of the fishing licence (giant crab) must have complied with any instructions issued by the fisheries officer referred to in paragraph (a);

(e) the fishing vessel must have been fitted with a vessel monitoring system;

(f) the fishing vessel must have proceeded directly to the port of landing;

(g) the holder of the fishing licence (giant crab) must have made an interstate port of landing report at least 12 hours before unloading any giant crab at an interstate port of landing between the hours of 9 p.m. on any day and 6 a.m. the following day;

(h) the holder of the fishing licence (giant crab) must have commenced unloading within one hour after the estimated time of unloading given in the interstate port of landing report made under paragraph (g).

      (3) However, the prescribed requirements referred to in subrule (2)(a) and (c) do not apply to the holder of the fishing licence (giant crab) if –

(a) the licensee has the Secretary's written approval to use alternative arrangements to those prescribed requirements; and

(b) the giant crab have been dealt with in accordance with that approval.

      (4) The holder of a fishing licence (giant crab) who transports giant crab to another State on a fishing vessel, or causes or permits giant crab to be transported to another State on a fishing vessel, must not unload giant crab at any port of landing unless –

(a) a fisheries officer has removed the seals from the holding tank or well of the fishing vessel; or

(b) 30 minutes have elapsed after –

(i) the estimated time of unloading given in the interstate port of landing report made under subrule (2)(g); and

(ii) the fishing vessel has reached the port of landing; or

(c) an emergency situation exists.

Penalty:

Grade 3 penalty.

      (5) In this rule –

"approved port" means the port of –

(a) Currie; or

(b) Grassy; or

(c) Lady Barron; or

(d) Stanley; or

(e) a port specified by a fisheries officer.