Tasmanian Numbered Regulations Tasmanian Numbered RegulationsIn these rules, unless the contrary intention appears –
"Act" means the Living Marine Resources Management Act 1995 ;
"Australian salmon" means a fish of the genus Arripis ;
"automatic hook baiting and setting gear" means any device which baits and sets hooks automatically;
"bait net" means an encircling net not exceeding 20 metres in length and 2 metres in depth with a mesh size of not more than 20 millimetres;
"bait trap" means a trap that –(a) is no more than 500 millimetres long, 350 millimetres wide and 250 millimetres high; and
(b) has an entrance not exceeding 65 millimetres; and
(c) has a mesh size not less than 10 millimetres and not more than 40 millimetres;
"banded morwong" means fish of the species Cheilodactylus spectabilis ;
"bastard trumpeter" means fish of the species Latridopsis forsteri (also known as silver trumpeter);
"beach seine net" means an encircling net that –(a) has a bag or bunt; and
(b) has a mesh size of at least 30 millimetres; and
(c) is not pursed or drawn through rings into the shape of a bag;
"Blackman Bay" means the waters within the area bounded –(a) in the west by the western entrance of the Denison Canal; and
(b) in the east by an imaginary straight line from the southern extreme of Long Spit then due east to the opposite shore of Little Chinaman Bay;
"board trawl net" means a netting bag or bag-like net with a mesh size of at least 90 millimetres that –(a) has a mouth held open by trawl doors or warps or by a combination of them; and
(b) is drawn along by a fishing vessel;
"bream" means fish of the genus Acanthopagrus ;
"cast net" means a circular or elliptical net that has –(a) a leaded footline around the circumference with a diameter no more than 6 metres; and
(b) a mesh size of at least 30 millimetres;
"catch history" means the history of the amount of scalefish caught under the authority of a licence;
"catch year" means a period starting on 1 June in one year and ending on 31 May in the following year;
"closed season" means the season or period during which all or part of the scalefish fishery is closed;
"commercial fishing licence" means a fishing licence specified in rule 7(a), (b), (c), (d), (e), (g) and (h);
"commercial graball net" means a graball gillnet used for taking scalefish for commercial purposes;
"Commonwealth authority" means any licence, permit, right or other authority relating to a specific fishery granted under the Commonwealth Act;
"Danish seine net" means a netting bag or bag-like net with a mesh size of at least 70 millimetres that –(a) has a mouth held open by trawl doors or warps or by a combination of them; and
(b) is drawn along by a fishing vessel;
"demersal longline" means a longline that is weighted to the seabed or riverbed;
"D'Entrecasteaux Channel" means those waters within the area bounded –(a) in the south by an imaginary straight line from Scott Point (situated at the entrance of Port Esperance) to the northern point of Partridge Island and the line of longitude 147º 5' 54" between the southernmost point of Partridge Island and Labillardiere Peninsula on Bruny Island; and
(b) in the north by an imaginary straight line from Dennes Point on Bruny Island to Piersons Point situated on the western shore of the River Derwent;
"dinghy" means a boat that is used, or capable of being used, as an auxiliary boat to a fishing vessel;
"dipnet" means a hand-held net used to catch scalefish that –(a) is attached to a frame so that the maximum length across the net is one metre; and
(b) has a mesh size greater than 20 millimetres;
"distinguishing mark" means a mark allotted under the Fisheries Rules 1996 ;
"dropline" means a line that –(a) has more than 5 hooks attached to it; and
(b) is set vertically with one end weighted and the other end attached to a line or buoy;
"East Coast waters" means the waters within 3 nautical miles of any part of the east coast of the State between Seaford Point and an imaginary line from Cape Bougainville to Cape Boullanger on Maria Island;
"encircling net" (also known as a surround net or seine net) means a net that –(a) is used to surround or partly surround fish; and
(b) is used for taking fish;
"fish cauf" means fishing gear used in State waters for holding fish;
"fishing gear" means apparatus;
"fishing trip" means a trip undertaken for fishing starting from departure from port and ending on return to port;
"fish trap" means a trap –(a) the measurements of which do not exceed 2 metres by one metre by 2 metres; and
(b) that has a mesh size greater than 25 millimetres; and
(c) that has a fixed rectangular entrance that does not exceed 57 millimetres in width and 250 millimetres in height;
"flathead" means fish of the family Platycephalidae;
"flounder" means fish of the families Bothidae and Pleuronectidae;
"flounder net" means a graball net that has –(a) a mesh size exceeding 125 millimetres; and
(b) a net depth not exceeding 12 meshes;
"Frederick Henry Bay and Norfolk Bay" means the waters within an imaginary straight line between North-West Head and Cape Contrariety;
"garfish" means fish of the family Hemiramphidae;
"Georges Bay" means the waters enclosed west of an imaginary straight line between Grants Point and St Helens Point;
"gillnet" (also known as a set net) means a net that is –(a) a graball net; or
(b) a mullet net; or
(c) a shark net; or
(d) a small mesh gillnet; or
(e) a special small mesh gillnet;
"graball net" means a single mesh net with a mesh size of at least 100 millimetres and not more than 140 millimetres that –(a) has a loaded bottom line; and
(b) is intended to be set with its bottom line on the seabed or riverbed;
"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;
"Great Oyster Bay" means the waters enclosed north of an imaginary straight line from the southern extremity of Freycinet Peninsula to Seaford Point;
"gummy shark" means fish of the species Mustelus antarcticus ;
"headline length" means the length of a net as measured under rule 105;
"hook" includes –(a) a lure; and
(b) any jig that is not a squid jig;
"Inglis River waters" means the waters of the Inglis River upstream of an imaginary straight line from the seaward extremity of the breakwater on the northern shore of the river to the seaward extremity of the breakwater on the southern shore of the river, including those waters within 100 metres of that line;
"jackass morwong" (also known as perch) means fish of the species Nemadactylus macropterus ;
"lampara net" means an encircling net that –(a) is used from a fishing vessel; and
(b) is not pursed or drawn through rings;
"landing net" means a hand-held net used to take or land scalefish that is attached to a frame so that the maximum length across the net is not more than 600 millimetres;
"leatherjacket" means fish of the family Monocanthidae;
"long snouted boarfish" means fish of the species Pentaceropsis recurvirostris ;
"longline" means a line, other than a dropline, that has more than 50 hooks attached to it;
"mackerel" means fish of any of the following species:(a) Trachurus declivis (commonly known as jack mackerel);
(b) Trachurus murphyi (commonly known as Peruvian jack mackerel);
(c) Trachurus novaezelandiae (commonly known as yellowtail mackerel);
(d) Emmelichthys nitidus (commonly known as redbait);
(e) Scomber australasicus (commonly known as blue mackerel);
"mackerel licence" means –(a) a fishing licence (mackerel A); or
(b) a fishing licence (mackerel B);
"Macquarie Harbour" means the waters upstream of an imaginary straight line from Macquarie Heads to the opposite shore;
"marker buoy" means a buoy marked in accordance with these rules;
"Mercury Passage" means the waters bounded in the north by an imaginary straight line from Cape Bougainville to Cape Boullanger and in the south by an imaginary straight line from Cape Peron to Cape Bernier;
"mullet" means fish of the family Mugilidae;
"mullet net" means a single mesh net with a mesh size of at least 60 millimetres and not more than 70 millimetres that –(a) has a loaded bottom line; and
(b) is intended to be set with its bottom line on the seabed or riverbed;
"north east region" means the region from Point Sorell eastward and southward to the northern end of Friendly Beaches, including Flinders Island;
"north west region" means the region from Low Rocky Point northward and eastward to Point Sorell, including King Island;
"offshore waters" means State waters that are not –(a) coastal waters; or
(b) within the limits of the State;
"open season" means the season or period during which the scalefish fishery is open;
"pelagic trawl net" means a netting bag or bag-like net with a mesh size of at least 90 millimetres that –(a) has a mouth held open by trawl doors or warps or by a combination of them; and
(b) is drawn along by a fishing vessel and does not make contact with the seabed;
"Penalty Regulations" means the Fisheries (Penalty) Regulations 1996 ;
"Pittwater" means the waters upstream of an imaginary straight line from Sandy Point to Tiger Head;
"Port Sorell" means the waters upstream of an imaginary straight line from Griffiths Point in the east to Taroona Point in the west at the southern extremity of Hawley Beach;
"purse seine net" means an encircling net that –(a) is used from a fishing vessel; and
(b) is pursed or drawn through rings into the shape of a bag;
"recreational gillnet" means a gillnet used for recreational fishing;
"recreational graball net" means a graball net used for recreational fishing;
"recreational mullet net" means a mullet net used for recreational fishing;
"River Derwent" means the waters upstream from an imaginary straight line from Dennes Point to Cape Direction;
"River Leven waters" means the waters of the Leven River upstream of an imaginary straight line from the most seaward extremity of the breakwater located on each side of the river mouth, including those waters within 100 metres seaward of that line;
"River Mersey waters" means the waters of the Mersey River and its tributaries upstream from an imaginary straight line from the seaward extremity of the breakwater located on the west side of the river mouth to the first beacon located on the east side of the river mouth, including those waters within 100 metres seaward of that line;
"River Tamar" means the waters upstream from an imaginary straight line from Low Head to West Head;
"scalefish" means the following fish:(a) fish of the superclass Agnatha;
(b) fish of the order Amphioxiformes;
(c) fish of the superclass Pisces;
(d) fish of the superclass Tetrabranchiata;
(e) molluscs of the order Decapoda;
(f) crustaceans of the suborder Nantantia;
"scalefish licence" means a fishing licence specified in rule 7(d);
"school shark" (also known as snapper shark) means fish of the species Galeorhinus galeus ;
"seine net" includes a beach seine net, a lampara net and a purse seine net;
"shark" means school shark or gummy shark;
"shark net" means a single mesh net with a mesh size of at least 150 millimetres and not more than 165 millimetres that –(a) has a loaded bottom line; and
(b) is intended to be set with its bottom line on the seabed or riverbed;
"shark nursery waters" means the following:(a) Blackman Bay;
(b) D'Entrecasteaux Channel;
(c) East Coast waters;
(d) Frederick Henry Bay and Norfolk Bay;
(e) Georges Bay;
(f) Great Oyster Bay;
(g) Mercury Passage;
(h) Pittwater;
(i) Port Sorell;
(j) River Derwent;
(k) River Tamar;
"silver trevally" means fish of the species Pseudocaranx dentex ;
"small mesh gillnet" means a single mesh net with a mesh size of at least 75 millimetres and not more than 100 millimetres that –(a) has a loaded bottom line; and
(b) is intended to be set with its bottom line on the seabed or riverbed;
"southern region" means the region from the northern end of Friendly Beaches southward and westward to Low Rocky Point;
"spear" includes –(a) a spear gun; and
(b) any apparatus with a pointed end;
"special small mesh gillnet" means a single mesh net with a mesh size of at least 70 millimetres and not more than 100 millimetres that –(a) has a loaded bottom line; and
(b) is intended to be set with its bottom line on the seabed or riverbed;
"squid" means molluscs of the order Decapoda;
"squid jig" means a baited or artificial lure with one or more sets of barbless pointed hooks or spikes used to take squid;
"striped trumpeter" means fish of the species Latris lineata ;
"sunrise" means –(a) in November, December and January in any year, 4.00 a.m. Australian Eastern Standard Time; and
(b) in February, March, April, September and October in any year, 5.00 a.m. Australian Eastern Standard Time; and
(c) in May, June, July and August in any year, 7.00 a.m. Australian Eastern Standard Time;
"sunset" means –(a) in November, December and January in any year, 8.00 p.m. Australian Eastern Standard Time; and
(b) in February, March, April, September and October in any year, 7.00 p.m. Australian Eastern Standard Time; and
(c) in May, June, July and August in any year, 5.00 p.m. Australian Eastern Standard Time;
"Taroona waters" means the waters of the River Derwent within 800 metres of the shore at Crayfish Point, Taroona bounded by an imaginary line that –(a) commences at a point on the high-water mark on the River Derwent at the prolongation of Nubeena Crescent; and
(b) continues south-easterly for a distance of approximately 800 metres; and
(c) continues southerly and south-westerly and parallel to and distant 800 metres from that high-water mark to a point on a line joining Piersons Point with the public boat ramp on the foreshore at Taroona; and
(d) continues from that ramp by the high-water mark to the point of commencement;
"trawl net" means a net, whether fitted with a whiting codend or not, which is –(a) a Danish seine net; or
(b) a board trawl net; or
(c) a pelagic trawl net;
"warehou" means fish of the species Seriolella brama ;
"whiting codend" means a codend that has a mesh of at least 42 millimetres for a length not exceeding 400 meshes;
"wrasse" means fish of the genus Notolabrus .