Tasmanian Numbered Regulations

FISHERIES (SCALEFISH) RULES 2004 (S.R. 2004, NO. 91) - REG 3

3. Interpretation

      (1) In these rules –

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

"appropriate authority" means a Commonwealth authority to take school shark and gummy shark in State waters;

"bait net" means an encircling net that is not more than 6 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 not more than 500 millimetres long, 350 millimetres wide and 250 millimetres high; and

(b) has an entrance that is not more than 65 millimetres at its widest; and

(c) has a mesh size not less than 10 millimetres and not more than 40 millimetres;

"beach seine net" means an encircling net that –

(a) has a bag or bunt; and

(b) has a mesh size of not less than 30 millimetres; and

(c) is not pursed or drawn through rings into the shape of a bag;

"board trawl net" means a netting bag or bag-like net that –

(a) has a mouth held open by trawl doors or warps or by a combination of trawl doors and warps; and

(b) is drawn along by a fishing vessel; and

(c) has a mesh size of not less than 90 millimetres;

"cast net" means a circular or elliptical net with a diameter of no more than 6 metres that has a loaded bottomline around the circumference;

"catch history" means the history of the amount of scalefish –

(a) caught under the authority of a licence; and

(b) recorded in accordance with the reporting requirements of the licence;

"catch year" means a period starting on 1 June in one year and ending on 31 May in the following year;

"commercial fishing licence" means a fishing licence of a class specified in item 1, 2, 3, 4, 5, 7, 8 or 9 of the table contained in rule 10;

"commercial graball net" means a graball net 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 that –

(a) has a mouth held open by warps but not trawl doors; and

(b) is drawn along by a fishing vessel; and

(c) has a mesh size of not less than 70 millimetres;

"demersal longline" means a longline that is weighted to the seabed or riverbed;

"dinghy" means a boat that is used, or is capable of being used, as an auxiliary boat to a fishing vessel;

"dipnet" means a hand-held net that –

(a) is used to catch scalefish; and

(b) is attached to a frame so that the length across the net is not more than one metre; and

(c) has a mesh size of more than 20 millimetres;

"distinguishing mark" has the same meaning as in the Fisheries Rules 1999 ;

"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;

"encircling net" means a net, also known as a surround net or seine net, that is –

(a) used to surround or partly surround fish; and

(b) used for taking fish;

"fillet" , in respect of a fish, means a longitudinal section of flesh of the fish removed from a part of the fish other than its head;

"fish cauf" means fishing gear for holding fish used in State waters;

"fish trap" means a trap that –

(a) is not more than 2 metres in width by one metre in depth by 2 metres in length; and

(b) has a fixed rectangular entrance of not more than 57 millimetres in width and 250 millimetres in height; and

(c) has a mesh size of more than 25 millimetres;

"fishing buoy" means a buoy that complies with rule 22 of the Fisheries Rules 1999 ;

"fishing trip" means a trip, undertaken for the purpose of fishing, which starts on the departure from port of the vessel and ends on the return to port;

"gillnet" means a net, also known as a set net, that is –

(a) a graball net; or

(b) a mullet net; or

(c) a shark net; or

(d) a small-mesh gillnet;

"graball net" means a single-mesh net that –

(a) has a loaded bottom line; and

(b) is intended to be set with its bottom line on the seabed or riverbed; and

(c) has a mesh size of not less than 105 millimetres and not more than 140 millimetres;

"Grade 1 penalty" means the penalty specified in regulation 5 of the Penalty Regulations;

"Grade 2 penalty" means a penalty specified in regulation 6 of the Penalty Regulations;

"Grade 3 penalty" means a penalty specified in regulation 7 of the Penalty Regulations;

"headline length" means the length of a net as determined in accordance with rule 11;

"holder of a licence" includes a person who is approved to use the licence under section 89(2) of the Act;

"hook" includes –

(a) a lure; and

(b) a jig that is not a squid jig; and

(c) a set of ganged hooks;

"lampara net" means an encircling net that is –

(a) used from a fishing vessel; and

(b) not pursed or drawn through rings;

"landing net" means a hand-held net that –

(a) is used to take or land scalefish; and

(b) is attached to a frame so that the maximum length across the net is not more than 600 millimetres;

"longline" means a line, other than a dropline, that has more than 5 hooks attached to it;

"marker buoy" means a buoy marked in accordance with these rules;

"mesh size" means the mesh size of a net as measured under rule 22A of the Fisheries Rules 1999 ;

"mullet net" means a single-mesh net that –

(a) has a loaded bottom line; and

(b) is intended to be set with its bottom line on the seabed or riverbed; and

(c) has a mesh size of not less than 60 millimetres and not more than 70 millimetres;

"offshore waters" means State waters that are not –

(a) coastal waters; or

(b) within the limits of the State;

"Penalty Regulations" means the Fisheries Penalties Regulations 2001 ;

"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;

"scalefish licence" means a fishing licence specified in item 4 of the table contained in rule 10;

"seine net" includes –

(a) a beach seine net; and

(b) a lampara net; and

(c) a purse seine net;

"set" means to place, or attempt to place, in State waters;

"set line" means a line with up to 5 hooks attached that is set and, once set, is not attached to a person or a vessel;

"shark fin" means a fin from a shark;

"shark net" means a single-mesh net that –

(a) has a loaded bottom line; and

(b) is intended to be set with its bottom line on the seabed or riverbed; and

(c) has a mesh size of not less than 150 millimetres and not more than 165 millimetres;

"shark refuge area" means –

(a) Blackman Bay; or

(b) D'Entrecasteaux Channel; or

(c) East Coast waters; or

(d) Frederick Henry Bay and Norfolk Bay; or

(e) Georges Bay; or

(f) Great Oyster Bay; or

(g) Mercury Passage; or

(h) Pitt Water; or

(i) Port Sorell; or

(j) River Derwent; or

(k) River Tamar;

"small-mesh gillnet" means a single-mesh net that –

(a) has a loaded bottom line; and

(b) is intended to be set with its bottom line on the seabed or riverbed; and

(c) has a mesh size of not less than 75 millimetres and not more than 100 millimetres;

"small pelagic licence" means –

(a) a fishing licence (small pelagic trawl); or

(b) a fishing licence (small pelagic purse seine);

"spear" includes –

(a) a spear gun; and

(b) any other apparatus with a pointed end;

"squid jig" means a baited lure, or artificial lure, that –

(a) has one or more sets of pointed hooks or spikes; and

(b) is used to take squid;

"squid line" means a line with squid jigs attached;

"trawl fishing licence" means –

(a) a fishing licence (general trawl); or

(b) a fishing licence (limited trawl);

"trawl net" means a net, whether fitted with a whiting codend or not, that is –

(a) a Danish seine net; or

(b) a board trawl net;

"whiting codend" means a codend that has a mesh size of not less than 42 millimetres calculated over a length of not more than 400 meshes.

      (2) In these rules, a reference to a species or type of fish is a reference to that species or type of fish as defined in Schedule 1.

      (3) In these rules, a reference to a body of waters, or a region, by name is a reference to the body of waters or region so named as defined in Schedule 2.