Tasmanian Numbered Regulations

FISHERIES (SCALLOP) RULES 2005 (S.R. 2005, NO. 24) - REG 49

49. Removing scallops from shells, &c.

      (1) A person in State waters must not –

(a) remove a scallop from its enclosing shell; or

(b) be in possession of scallop meat.

Penalty:

Fine not exceeding the applicable Grade 2 penalty.

      (2) Subrule (1) does not apply if –

(a) the scallop meat is on a trading vessel and it  –

(i) is being prepared for cooking or is being cooked or consumed; or

(ii) has been processed in processing premises; or

(b) the scallop meat is on a recreational vessel and –

(i) there is no more than 5 kilograms of scallop meat in total on the vessel; and

(ii) the scallop meat has been purchased from a fish merchant or retail outlet.

      (3) Subrule (1)(a) does not apply to the holder of a fishing licence (scallop) if –

(a) he or she is on board a vessel; and

(b) the scallop is removed from its enclosing shell before the vessel is in the immediate proximity of a port of landing; and

(c) there is, in total, no more than 5 kilograms of scallop meat on board the vessel.

      (4) A holder of a fishing licence (scallop) may keep, or transfer to a deckhand, scallop meat that has been removed from its enclosing shell in accordance with subrule (3) once the vessel he or she is on has entered a port of landing.

      (5) The holder of a fishing licence (scallop) must provide a scallop sales receipt for scallop meat kept, or transferred, under subrule (4) to the person keeping or receiving the scallop meat, being a receipt specifying –

(a) the date and time the scallop meat is unloaded; and

(b) the accurate weight of the scallop meat kept or transferred under subrule (4); and

(c) the name of the person receiving any scallop meat kept or transferred under subrule (4).

Penalty:

Fine not exceeding the applicable Grade 2 penalty.

      (6) A person who is in possession of scallop meat kept or transferred in accordance with subrule (4) must –

(a) keep the receipt provided under subrule (5) whilst the person is in possession of the scallop meat; and

(b) not sell or transfer that scallop meat.

Penalty:

Fine not exceeding the applicable Grade 2 penalty.

      (7) The holder of a fishing licence (scallop) who has kept, or transferred, scallop meat in accordance with subrule (4) must keep a copy of the receipt provided under subrule (5), in good condition, for at least 5 years after the scallop meat was kept or transferred.

Penalty:

Fine not exceeding the applicable Grade 2 penalty.

      (8) In this rule –

"deckhand" , in relation to a vessel and any scallops, means a person who was on board the vessel as crew during the fishing trip in which the scallops were taken;

"trading vessel" means a vessel, other than a fishing vessel, that is used or is intended to be used, wholly or principally –

(a) to carry passengers or cargo for hire or reward; or

(b) to provide services to ships or shipping, whether for reward or otherwise.