Tasmanian Numbered Regulations

FISHERIES (ABALONE) RULES 2000 (S.R. 2000, NO. 3) - REG 3

3. Interpretation

      (1) In these rules –

"abalone" means fish of the genus Haliotis ;

"abalone container" includes a fishing vessel carrying abalone;

"abalone meat" means any part of the flesh of an abalone that has been removed from its shell other than –

(a) in the course of cooking or being consumed; or

(b) being processed at processing premises;

"abalone quota certificate" means a certificate issued under rule 16;

"abalone quota unit" means one-3500 ^th of the total allowable catch of abalone as determined by the Minister under the Act;

"abalone transfer docket" means a docket in an approved form relating to abalone that is part of the records required to be kept under the Act;

"abalone transfer docket (leaving premises)" means a docket referred to in rule 33(1);

"abalone transfer docket (receipt)" means a docket referred to in rule 32(1);

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

"blacklip abalone" means fish of the species Haliotis rubra ;

"closed season" means a season or period during which the abalone fishery is closed;

"diver’s docket" means a docket in an approved form relating to abalone that is part of records required to be kept under the Act;

"eastern blacklip abalone part of the fishery" is the part of the commercial abalone fishery involving only blacklip abalone in State waters east of the line of longitude 146°28’55” East at Northdown Beach on the north coast of the mainland of Tasmania and east of the line of longitude 146°52’11” East at Whale Head on the south coast of the mainland of Tasmania;

"fish merchant" means –

(a) the holder of a fish processing licence that specifies abalone; or

(b) a person who carries on the business of selling fish;

"fishing gear" means apparatus;

"Franklin Sound" means the State waters beginning at Holts Point at 148°2’38” East and 40°15’5” South, then east along the coast of Flinders Island to Pot Boil Point at 148°19’59” East and 40°12’45” South, then south directly to Puncheon Point on Cape Barren Island at 148°19’40” East and 40°17’33” South, then west along the north coast of Cape Barren Island to Prickly Bottom Beach at 148°3’18” East and 40°21’44” South, then north to Holts Point;

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

"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;

"greenlip abalone" means fish of the species Haliotis laevigata ;

"greenlip abalone part of the fishery" is the part of the commercial abalone fishery involving only greenlip abalone;

"holder of a fishing licence (abalone dive)" includes a supervisor of such a licence;

"landed" , in relation to abalone, means when any abalone or abalone container –

(a) is taken ashore; or

(b) makes contact with an artificial extension of land after the abalone has been taken;

"landing area" means an area specified in rule 35;

"movement report" means a report relating to the movement or transport of abalone that is part of records required to be kept under the Act;

"mutilated" , in relation to abalone, means –

(a) cut, punctured or bruised; or

(b) otherwise damaged so as to cause bleeding;

"open season" means a season or period during which the abalone fishery is open;

"Penalty Regulations" means the Fisheries (Penalty) Regulations 1996 ;

"post fishing report" means a report relating to fishing for abalone that is part of records required to be kept under the Act;

"prior fishing report" means a report relating to fishing for abalone that is part of records required to be kept under the Act;

"processing premises" means a place, vessel or vehicle in respect of which a fish processing licence is in force;

"receipt report" means a report relating to receiving abalone that is part of records required to be kept under the Act;

"reporting service" means the service approved by the Secretary under rule 23;

"rock lobster" means rock lobster of the genus Jasus ;

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

"rock lobster ring" means a net consisting only of a single fixed ring or hoop to which a mesh of string or twine is attached that is designed for use, or is capable of being used, for or in connection with the taking of rock lobster;

"western blacklip abalone part of the fishery" is the part of the commercial abalone fishery involving only blacklip abalone in State waters west of the line of longitude 146°28’55” East at Northdown Beach on the north coast of the mainland of Tasmania and west of the line of longitude 146°52’11” East at Whale Head on the south coast of the mainland of Tasmania.

      (2) Any expression in these rules which is not defined in subrule (1) but is defined in the Act has the meaning as so defined.