Tasmanian Numbered Regulations

FISHERIES (SHELLFISH) RULES 2007 (S.R. 2007, NO. 13) - REG 3

3. Interpretation

In these rules, unless the contrary intention appears –

"abalone" means fish of the genus Haliotis ;

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

"Ansons Bay" means the State waters enclosed west of an imaginary straight line extending from the southern tip of Abottsbury Point to Police Point in the north-east of the State;

"Ansons Bay Cockle Zone" means that part of Ansons Bay enclosed within the boundary formed by drawing four straight imaginary lines to connect the following points in the following order:

(a) intersection of line of latitude 41 ^o 03.3322' South with line of longitude 148 ^o 16.5213' East;

(b) intersection of line of latitude 41 ^o 02.7612' South with line of longitude 148 ^o 17.0236 East;

(c) intersection of line of latitude 41 ^o 03.5185' South with line of longitude 148 ^o 17.4792' East;

(d) intersection of line of latitude 41 ^o 03.7879' South with line of longitude 148 ^o 17.2873' East;

(e) intersection of line of latitude 41 ^o 03.3322' South with line of longitude 148 ^o 16.5213' East;

"assistant"  means a person who assists the holder of a fishing licence in fishing under the licence;

"clam" means –

(a) venerupis clam and other molluscan bivalve of the family Veneridae (except those of the genus Katelysia ); and

(b) molluscan bivalve of the family Pinnidae (commonly known as razor clam);

"cockle" means –

(a) katelysia cockle; and

(b) molluscan bivalve of the family Glycymeridae (commonly known as dog cockle); and

(c) molluscan bivalve of the family Cardiidae ;

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

"fishing licence (class shellfish)" means a fishing licence of a kind referred to in rule 6(a);

"fishing licence (commercial dive)" has the same meaning as in the Fisheries (Commercial Dive) Rules 2005 ;

"Georges Bay" means the State waters enclosed west of an imaginary straight line extending from the tip of Grants Point to the tip of St Helens Point in the north-east of the State;

"Georges Bay North Clam Zone" means that part of Georges Bay north of line of latitude 41 ^o 18.4797' South;

"Georges Bay South Clam Zone" means that part of Georges Bay south of line of latitude 41 ^o 18.4797' South;

"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 licence" includes, except in rule 17, a person who has approval to use the licence under section 87 of the Act;

"katelysia cockle" means molluscan bivalve of the genus Katelysia ;

"land" means to bring shellfish ashore or in contact with a pier, jetty or other artificial extension of land;

"landing area" means the area on the landward side of the high-water mark within a 50-metre radius of the point of landing;

"licensing year" means the period beginning on 1 September each year and ending at midnight on 31 August the following year;

"mussel" means molluscan bivalve of the family Mytilidae ;

"native oyster" means molluscan bivalve of the species Ostrea angasi ;

"Pacific oyster" means molluscan bivalve of the species Crassostrea gigas ;

"periwinkle" means molluscan gastropod of the genus Turbo ;

"pipi" means molluscan bivalve of the family Donacidae ;

"quota period"  – see rule 7;

"shellfish" means clams, cockles, pipis, mussels, oysters and other fish of the class Bivalva and Gastropoda other than –

(a) abalone; and 

(b) scallops; and

(c) fish referred to in regulation 14 of the Fisheries (General and Fees) Regulations 2006 ; and

(d) fish that are marine farmed;

"shellfish disposal receipt" means a receipt, in an approved form, that –

(a) relates to the sale or transfer of shellfish; and

(b) is part of the records required to be kept under the Act;

"shellfish docket" means a docket, in an approved form, that –

(a) relates to the taking of shellfish; and

(b) is part of the records required to be kept under the Act;

"shellfish docket number" means the serial number printed on a shellfish docket;

"shellfish fishery" means the taking or possession of shellfish in State waters by any person;

"venerupis clam" means molluscan bivalve of the genus Venerupis ;

"wedge shell" means molluscan bivalve of the family Mesodesmatidae ;

"whelk" means molluscan gastropod of the family Buccinidae or Fasciolariidae ;

"whole weight" means the weight of a fish, including the shell, before it is dismembered, dried or otherwise processed.