Tasmanian Numbered Regulations Tasmanian Numbered Regulations3. Interpretation
"Act" means the Living Marine Resources Management Act 1995 ;
"Bass Strait Central Zone Scallop Fishery" means the fishery in Commonwealth waters managed by the Australian Fisheries Management Authority as defined under the Offshore Constitutional Settlement;
"Bass Strait scallop entitlement" means a Commonwealth authority to take scallops from Commonwealth waters;
"Bass Strait scallop fisher" means a person holding a Commonwealth authority to take scallop from Commonwealth waters;
"catch quota balance" means the portion of the weight of scallops allowed under rule 8(2) that remains uncaught;
"closed area (class 1)" means a part of the scallop fishery designated as such under rule 12(b)(i);
"closed area (class 2)" means a part of the scallop fishery designated as such under rule 12(b)(ii);
"closed season" means a season or period during which the scallop fishery is closed for fishing;
"Commonwealth authority" means any licence, permit, right or other authority relating to a specific fishery granted under the Commonwealth Act;
"deactivate" means to vary a licence with a condition that prohibits the use of the licence;
"D'Entrecasteaux Channel" means those waters within the area bounded –(a) in the south by an imaginary straight line from Point Scott (situated at the entrance of Port Esperance) to the northern extremity of Partridge Island and the line of longitude 147º 5' 54" East between the southern extremity 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;
"fishing period one" means a fishing period one as determined under rule 11;
"fishing period 2" means a fishing period 2 as determined under rule 11;
"fishing period 3" means a fishing period 3 as determined under rule 11;
"fishing trip" means a trip undertaken for fishing commencing from the departure from a port and ending on the return to port;
"Georges Bay" means the waters within Georges Bay west of an imaginary straight line between Grants Point and St Helens Point;
"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 north of an imaginary straight line extending from the southern extremity of Freycinet Peninsula to Seaforth Point;
"immediate proximity" means within 100 metres from a place where scallops are unloaded;
"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;
"movement report" means a report referred to in rule 28(1)(a);
"open season" means a season or period during which the scallop fishery is open for fishing;
"Penalty Regulations" means the Fisheries (Penalty) Regulations 1996 ;
"port of landing" means a port specified in Schedule 1;
"pre-fishing report" means a report referred to in rule 26(1);
"processing premises" means a place, vessel or vehicle in respect of which a fish processing licence is in force;
"recreational scallop licence" means a licence referred to in rule 7(b);
"reporting service" means the service approved by the Secretary under rule 25;
"scallop" means fish of the species –(a) Equichlamys bifrons (commonly known as queen scallop); or
(b) Pecten fumatus (commonly known as commercial scallop); or
(c) Mimachlamys asperrimus (commonly known as doughboy scallop);
"scallop catch record" means a record relating to scallop catch that is part of records required to be kept under the Act;
"scallop dredge" means any apparatus capable of being towed along the seabed by a vessel that is designed for the use of, or is capable of being used for or in connection with the, taking of scallops, other than any cable, chain or other attachment to the vessel;
"scallop quota docket" means a docket relating to the unloading of scallops that is part of the records required to be kept under the Act;
"scallop processor return" means a return relating to processed scallop that is part of the records required to be kept under the Act;
"scallop sales receipt" means a receipt relating to the sale of scallop that is part of the records required to be kept under the Act;
"scallop spat" means a scallop that is less than 40 millimetres in its widest diameter;
"sell" includes to dispose of for commercial purposes;
"shark nursery waters" means the following:(a) Blackman Bay as defined in the Fisheries (Scalefish) Rules 1998 ;
(b) D'Entrecasteaux Channel;
(c) East Coast waters as defined in the Fisheries (Scalefish) Rules 1998 ;
(d) Frederick Henry Bay and Norfolk Bay as defined in the Fisheries (Scalefish) Rules 1998
(e) Georges Bay;
(f) Great Oyster Bay;
(g) Mercury Passage;
(h) Pitt Water as defined in the Fisheries (Scalefish) Rules 1998 ;
(i) Port Sorell as defined in the Fisheries (Scalefish) Rules 1998 ;
(j) River Derwent as defined in the Fisheries (Scalefish) Rules 1998 ;
(k) River Tamar as defined in the Fisheries (Scalefish) Rules 1998 ;
"undersize scallop" means the following:(a) queen scallop ( Equichlamys bifrons ) that is less than 100 millimetres in its widest diameter;
(b) commercial scallop ( Pecten fumatus ) that is less than 80 millimetres in its widest diameter;
(c) doughboy scallop ( Mimachlamys asperrimus ) that is less than 80 millimetres in its widest diameter;
"unloading" means taking, causing or permitting to be taken, fish from a fishing vessel;
"unloading report" means a report referred to in rule 27(1);
"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 in relation to that location and those activities via a satellite communication system;
"whole scallop" means a scallop that has not been removed from its shell;
"wild" , in relation to the location of any species or kind of fish, means any waters other than those to which a marine farming licence specifying that species or kind of fish relates.
(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.