Tasmanian Numbered Regulations

FISHERIES (SCALLOP) RULES 2005 (S.R. 2005, NO. 24) - REG 3

3. Interpretation

      (1) In these rules –

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

"authorised mooring" means a mooring that is authorised by the Marine and Safety Authority established under the Marine and Safety Authority Act 1997 ;

"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 entered into between the Commonwealth and the States;

"Bass Strait scallop fisher" means a person holding a Commonwealth authority to take scallops from Commonwealth waters;

"Bass Strait scallop trip" means a fishing trip that a Bass Strait scallop fisher takes to the Bass Strait Central Zone Scallop Fishery in accordance with the requirements of his or her Commonwealth authority;

"closed area (class 1)" means a part of the scallop fishery designated as a closed area (class 1) under rule 17(1)(c)(i);

"closed area (class 2)" means a part of the scallop fishery designated as a closed area (class 2) under rule 17(1)(c)(ii);

"closed season" means a season or period during which the scallop fishery is closed to fishing;

"Commonwealth authority" means a licence, permit, right or other authority relating to a specific fishery granted under the Commonwealth Act;

"deactivate" , in relation to a fishing licence, means to make the licence subject to a condition that prohibits the use of the licence –

(a) for a period specified in the condition; or

(b) from a date and time specified in the condition;

"fishing period" means a fishing period determined under rule 8;

"Grade 1 penalty" means the penalty specified in regulation 5 of the Fisheries Penalties Regulations 2001 ;

"Grade 2 penalty" means the penalty specified in regulation 6 of the Fisheries Penalties Regulations 2001 ;

"Grade 3 penalty" means the penalty specified in regulation 7 of the Fisheries Penalties Regulations 2001 ;

"holder of a fishing licence" includes (except in rules 31 and 33) a person who has approval to use the licence under section 87(2) of the Act;

"immediate proximity" , in relation to any place, means –

(a) within 100 metres of that place; or

(b) within such greater distance of that place as the Secretary by public notice may specify for the purposes of this definition;

"licence quota amount" , in relation to a fishing licence (scallop), means the total weight of scallops that make up the scallop quota units on that licence;

"minimum size"  – see rule 17;

"open season" means a season or period during which the scallop fishery is open to fishing;

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

"quota year" means the period beginning on 1 March and ending on the last day of February in the following year;

"recreational scallop licence" means a licence referred to in rule 7(b);

"relevant fishing certificate" , in relation to a fishing licence, means the fishing certificate maintained by the Secretary under section 63 of the Act in respect of that fishing licence;

"reporting service" means an approved service under rule 34(1);

"research quota unit" means an entitlement to take scallops in accordance with rule 13(1);

"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 dredge"  – see rule 20;

"scallop limited area" means an area specified in Schedule 2;

"scallop meat" means any portion of a scallop that is –

(a) removed from an enclosing shell; or

(b) not attached or fastened to a shell;

"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 quota unit"  – see rule 11(1);

"scallop spat" means a scallop that is less than 40 millimetres wide at its widest point;

"site of unloading" means the place where any scallops taken in State waters are first unloaded, whether it be –

(a) on land; or

(b) on a wharf, jetty or other structure connected to land;

"undersize scallop" means –

(a) a queen scallop ( Equichlamys bifrons ) that is less than 100 millimetres wide at its widest point; or

(b) a commercial scallop ( Pecten fumatus ) that is less than 90 millimetres wide at its widest point; or

(c) a doughboy scallop ( Mimachlamys asperrimus ) that is –

(i) less than 80 millimetres wide at its widest point; or

(ii) such other size as the Secretary by public notice may specify for the purposes of this definition;

"unloading" means causing or permitting scallops to be taken off a fishing vessel;

"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) In these rules, unless the contrary intention appears –

(a) a reference to a licensee's scallop quota units is taken not to include the licensee's research quota units; and

(b) a reference to a licensee's licence quota amount is taken not to include the amount, if any, of scallops that the licensee may take under a research quota unit.

      (3) For the purposes of these rules, a fishing trip is taken to have commenced when the vessel being used for the fishing trip departs from a public wharf or authorised mooring and to have ended when the vessel returns to a public wharf or authorised mooring.

      (4) In these rules, a reference to a "port of landing" includes –

(a) a wharf provided for public use at a port specified in Schedule 1; and

(b) a port (not specified in Schedule 1) where the holder of a fishing licence (scallop) is authorised, by that licence, to unload scallops.