Tasmanian Consolidated Regulations

FISHERIES (SCALLOP) RULES 2020

- (S.R. 2020, NO. 52)

TABLE OF PROVISIONS

           Long Title

   PART 1 - Preliminary

   1.      Short title
   2.      Commencement
   3.      Interpretation
   4.      Application of rules
   5.      Duration of rules
   6.      Consultation arrangements
   7.      Classes of fishing licence

   PART 2 - General Management of Fishery

   8.      Taking or possessing scallops during open season
   9.      Taking scallops smaller than minimum size
   10.     Possessing scallops smaller than minimum size

   PART 3 - Non-commercial Scallop Fishery

           Division 1 - Closed seasons and closed areas

   11.     Closed and open seasons for non-commercial scallop fishery
   12.     Closed and open areas for non-commercial scallop fishery other than D'Entrecasteaux Channel
   13.     Opening and closure of D'Entrecasteaux Channel
   14.     Restriction on taking or possessing scallops for non-commercial scallop fishery

           Division 2 - Catch controls

   15.     Maximum amount of scallops for non-commercial scallop fishery
   15A.    Catch-sharing in non-commercial scallop fishery

           Division 3 - Recreational fishing licences

   16.     Authority of licence
   17.     Person under 10 years not eligible to hold fishing licence (recreational scallop)

   PART 4 - Commercial Scallop Fishery

           Division 1 - Closed seasons and closed areas

   18.     Closed and open seasons for commercial scallop fishery
   19.     Closed and open areas for commercial scallop fishery
   20.     Restriction on taking scallops during closed season for commercial scallop fishery
   21.     Restriction on possessing scallops during closed season for commercial scallop fishery
   22.     Restriction on taking or possessing scallops in closed area for commercial scallop fishery

           Division 2 - Catch controls

   23.     Total allowable catch for commercial scallop fishery
   24.     Research quota units
   25.     Scallop quota unit balance
   26.     Overcatch provisions
   27.     Scallop survey period
   28.     Scallop survey approval
   29.     Entering scallop vessel exclusion zone
   30.     Taking scallops in scallop dredging prohibited area or shallow waters

           Division 3 - Commercial fishing licences

   31.     Authority of licence
   32.     Carrying copy of licence
   33.     Transferring licence
   34.     Restriction on granting subsequent licences

           Division 4 - Scallop quota units

   35.     Transferring units
   36.     Minimum and maximum holdings

   PART 5 - Scallop Dredges

   37.     Definition of scallop dredge
   38.     Deployment of scallop dredges, &c.
   39.     Possessing scallop dredges
   40.     Scallop dredging prohibited in certain areas
   41.     Possessing scallop dredges in scallop vessel exclusion zone
   42.     Possessing scallop dredges during closed season
   43.     Specifications for scallop dredges

   PART 6 - Reporting

           Division 1 - Reports

   44.     Reporting service
   45.     Report requirements
   46.     Pre-fishing reports
   47.     Port entry reports
   48.     Movement reports
   49.     Alternative arrangements for reporting
   50.     Making reports
   51.     Cancellation reports
   52.     False, misleading or incomplete information
   53.     Provision of receipt numbers

           Division 2 - Dockets and returns

   54.     Scallop quota dockets
   55.     Completed scallop quota dockets
   56.     Conflicts of interest
   57.     Scallop processor returns
   58.     Scallop catch records

   PART 7 - Miscellaneous

   59.     Removing scallops from shells and possession of scallop meat
   60.     Transferring scallops from one vessel to another vessel
   61.     Certain vessels not to be used for taking scallops
   62.     Divers taking scallops
   63.     Identifying unloaded scallops
   64.     Unloading at port of landing
   65.     Transfer or sale of scallops to unlicensed persons, &c.
   66.     Presumption as to taking or possession of certain scallops
   67.     Presumption as to possession of scallop held by child
   68.     Infringement notice offences and penalties
   69.     Legislation rescinded
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 4
           SCHEDULE 5
           SCHEDULE 6