Tasmanian Numbered Regulations

FISHERIES (GIANT CRAB) RULES 2006 (S.R. 2006, NO. 7) - REG 64

64. Transitional provisions

      (1) A public notice under the former rules that had force and effect for the purposes of the giant grab fishery immediately before the commencement day is taken to be a public notice under and for the purposes of these rules, having force and effect according to its terms, until whichever of the following first occurs:

(a) the public notice is rescinded;

(b) the public notice is spent in its application to all fisheries;

(c) the public notice is spent in its application to the giant crab fishery;

(d) the public notice is amended or varied in such a way that it ceases to have any application to the giant crab fishery.

      (2) The Minister is to ensure that a quantity of giant crab taken during the terminating quota year under a fishing licence (giant crab) in excess of the quantity specified in that licence is deducted from the fishing quota unit balance for that licence for the first new quota year as follows:

(a) for a quantity of 50 kilograms or less, a deduction equivalent to the amount of the quantity taken;

(b) for a quantity greater than 50 kilograms and not greater than 70 kilograms, a deduction of 50 kilograms plus 2 kilograms for each kilogram taken over 50 kilograms;

(c) for a quantity greater than 70 kilograms, a deduction of 90 kilograms.

      (3) A deduction from a fishing quota unit balance under subrule (2) may exceed the quantity specified in paragraph (c) of that subrule if the holder of the relevant fishing licence (giant crab) demonstrates that the excess quantity of giant crab was taken unintentionally.

      (4) In a case to which subrule (3) applies, the Minister is to ensure that an amount equivalent to the quantity of the giant crab taken in excess of the quantity specified in subrule (2)(c) is deducted from the fishing quota unit balance for the relevant fishing licence (giant crab) for the first new quota year.

      (5) In this rule –

"commencement day" means the day on which these rules take effect;

"first new quota year" means the quota year immediately following the terminating quota year;

"former rules" means the Fisheries (Rock Lobster and Giant Crab) Rules 2001 ;

"terminating quota year" means the quota year in progress on the commencement day.