(1)  In these rules –

Act means the Living Marine Resources Management Act 1995 ;

administrative penalty , in relation to a fishing licence (banded morwong), means –

(a) in the case of exceeding the banded morwong quota unit balance for that licence by 10% or less, 1.5 times the market value of that percentage of the quota unit balance; and

(b) in the case of exceeding the banded morwong quota unit balance for that licence by more than 10% and up to 30%, 2 times the market value of that percentage of the quota unit balance;

apparatus licence means –

(a) a fishing licence of a kind specified in item 3, 4, 7, 8 or 9 of the table in rule 7 ; or

(b) a fishing licence (Australian salmon); or

(c) a fishing licence (octopus);

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

automatic hook-baiting and hook-setting apparatus means a device which baits and sets hooks automatically;

auxiliary fishing apparatus means a type of apparatus used to deploy or retrieve fishing line for the purposes of non-commercial fishing, other than a setline, a manually operated fishing rod and line, an electric fishing reel mounted on a fishing rod and line or a handline;

auxiliary vessel means a dinghy, tender or other vessel that is –

(a) part of the equipment of a fishing vessel; and

(b) transported with, capable of being carried on, and operated solely from, the fishing vessel; and

(c) not operated further than 2 nautical miles from the fishing vessel;

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 pump means a hand-operated, non-powered device with a barrel which is inserted into the sand to extract burrowing shrimp, marine worms and other invertebrate bait species by means of a vacuum;

bait trap means a trap that –

(a) is not more than 500 millimetres long, 350 millimetres wide and 250 millimetres high; and

(b) has not more than 2 entrances that are not more than 65 millimetres at the widest diameter; and

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

banded morwong quota docket means a docket, in an approved form, relating to banded morwong;

banded morwong quota unit means a unit that is an entitlement to take one 1 193rd of the total allowable catch for the banded morwong fishery;

banded morwong quota unit balance , for a fishing licence for a quota period, means the quantity of banded morwong allocated to the licence for the quota period that remains to be caught in the quota period;

beach seine net means an encircling net that –

(a) has a bag or bunt, including a panel that forms a 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; and

(d) is not designed to mesh fish;

beach trawl net means a netting bag or bag-like net that –

(a) has a mouth that is held open by trawl doors 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 not more than 6 metres that has a weighted bottom line 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;

closed season means the period, determined under Division 2 of Part 2 , during which all or part of the scalefish fishery is closed;

combined set line means a set line that has been combined, in accordance with rule 130 , with the set line or set lines of another person or persons;

commercial berly means commercial bait pellets or processed food products intended for consumption by animals or humans;

commercial fishing licnence means a fishing licence of a class specified in items 1, 2, 3, 4, 5, 7, 8 or 9 of the table in rule 7 ;

commercial gillnet means a gillnet 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 licence means a fishing licence of a class specified in item 8 of the table in rule 7 ;

Danish seine net means a netting bag or bag-like net that –

(a) has a mouth that is 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;

day means the 24-hour period commencing at midnight on any calendar day;

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

dipnet means a hand-held net that –

(a) is used to take 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 2009 ;

dropline means a line that –

(a) is set vertically; and

(b) is weighted at one end, with the other end attached to a line or buoy; and

(c) once set, is not attached to a person or vessel;

electric fishing reel means a fishing reel that has a motor to assist winding line onto a spool and does not include a set line;

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 apparatus used to hold live fish;

fish processor means the holder of a fish processing licence;

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 mesh size of more than 25 millimetres; and

(c) may have more than one chamber; and

(d) has only one chamber with an entrance, or entrances, that –

(i) allow fish into the trap; and

(ii) measure no more than 250 millimetres across the longest dimension of each entrance;

fishing licence (giant crab) has the same meaning as in the Fisheries (Giant Crab) Rules 2013 ;

fishing trip means a trip on a vessel, undertaken for fishing, that –

(a) commences when the vessel departs from land, a pier, a jetty or an artificial extension of land; and

(b) ends when the vessel returns to land, a pier, jetty or artificial extension of land, with all apparatus on the vessel out of the water;

giant crab has the same meaning as in the Fisheries (Giant Crab) Rules 2013 ;

gillnet , also known as a set net, means one of the following nets that is set vertically in the water, so that fish swimming into it are entangled in the mesh:

(a) a graball net;

(b) a mullet net;

(c) a shark net;

(d) a small-mesh gillnet;

(e) a special small-mesh gillnet;

graball net means a single-mesh net that –

(a) has a weighted 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 Fisheries (Penalties) Regulations 2011 ;

Grade 2 penalty means a penalty specified in regulation 6 of the Fisheries (Penalties) Regulations 2011 ;

Grade 3 penalty means a penalty specified in regulation 7 of the Fisheries (Penalties) Regulations 2011 ;

headline length means the length of a net as determined in accordance with rule 21 ;

holding tank means fishing apparatus used to hold live fish on land or on a pier, jetty or other artificial extension of land;

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 into the shape of a bag;

land , in relation to a landing net, means to remove a fish from the water after it has been caught or captured by some other means;

landing means –

(a) bringing scalefish ashore or in contact with a pier, a jetty or another artificial extension of land; or

(b) bringing a vessel containing scalefish ashore or in contact with a pier, a jetty or another artificial extension of land;

landing area means the area on the landward side of the high-water mark within a 200-metre radius of the point of landing;

landing net means a hand-held net that –

(a) is used to land fish; and

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

licensed fishing vessel means a vessel specified on a fishing licence (vessel);

licensing year , in relation to a commercial fishing licence, means the period beginning on 1 March each year and ending at midnight on the last day of February in the following year;

longline means a line that –

(a) is set horizontally; and

(b) is weighted and buoyed at both ends; and

(c) once set is not attached to a person or a vessel;

mackerel has the same meaning as in the Fisheries (Mackerel) Rules 2009 ;

mackerel fishing licence has the same meaning as in the Fisheries (Mackerel) Rules 2009 ;

marker buoy , in the case of –

(a) commercial fishing apparatus, means a buoy marked with a distinguishing mark; and

(b) non-commercial fishing apparatus, means a buoy marked with a unique identifying code;

market value , in relation to banded morwong, means the market value determined by the Secretary in accordance with rule 65 ;

mesh size , in relation to a net, means the average measurement of 10 adjoining meshes in the net, where each mesh is measured by –

(a) holding the mesh taut; and

(b) holding 2 diagonally opposite knots together so that they are touching each other; and

(c) measuring the distance between the inside surface of the diagonally opposite knots of the mesh that are not touching each other;

mother boat means a fishing vessel that –

(a) is used to transport another, smaller, licensed fishing vessel on a fishing trip for scalefish; and

(b) is used by the holder of a fishing licence (vessel) that specifies the fishing vessel, to hold scalefish taken during the fishing trip;

mullet net means a single-mesh net that –

(a) has a weighted 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;

non-commercial fishing means the following activities:

(a) the taking or possessing of scalefish by recreational fishing;

(b) the taking or possessing of scalefish by an Aborigine engaged in an Aboriginal activity;

non-commercial gillnet means a gillnet for use in non-commercial fishing;

non-transferable fishing licence means a fishing licence that cannot be transferred and may only be used by the holder of the licence;

north-east octopus zone means all State waters east of the line of longitude 147ºE and north of the line of latitude 41ºS;

north-west octopus zone means all State waters west of the line of longitude 147ºS and north of the line of latitude 41ºS;

octopus pot means a container that –

(a) is used, or is capable of being used, for taking octopus; and

(b) is not more than 5 litres in volume;

octopus zone means the north-east octopus zone and the north-west octopus zone;

offshore waters means State waters that are not –

(a) coastal waters; or

(b) within the limits of the State;

open season means the period, determined under Division 2 of Part 2 , during which all or part of the scalefish fishery is open;

prescribed license means the holder of a licence that authorises the taking of prescribed scalefish;

prescribed scalefish means banded morwong, wrasse or Australian salmon;

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 licence means a fishing licence of a class specified in item 6 of the table in rule 7 ;

report , in relation to an activity involving banded morwong, means a report that contains the information required under rule 70 to be provided in a report for such an activity;

reporting service means a service approved under rule 70 ;

rock lobster pot has the same meaning as in the Fisheries (Rock Lobster) Rules 2011 ;

rock lobster ring has the same meaning as in the Fisheries (Rock Lobster) Rules 2011 ;

scalefish means fish of a species specified in Schedule 1 ;

scalefish licence means a fishing licence of a class specified in item 4 of the table in rule 7 ;

scalefish record means a record relating to scalefish required to be kept under section 145 of the Act;

seine licence means a fishing licence of a class specified in item 3 of the table in rule 7 ;

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 dropline or a longline;

shark includes a shark carcass;

shark net means a single-mesh net, of a type that is authorised for use to take shark under an appropriate authority, that –

(a) has a weighted 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 the following areas:

(a) Blackman Bay;

(b) D'Entrecasteaux Channel;

(c) East Coast waters;

(d) Frederick Henry Bay and Norfolk Bay;

(e) Georges Bay;

(f) Great Oyster Bay;

(g) Mercury Passage;

(h) Pitt Water;

(i) Port Sorell;

(j) River Derwent;

(k) River Tamar;

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

(a) has a weighted 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;

spear includes –

(a) a spear gun; and

(b) any other apparatus with a pointed end that is used to fish;

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

(a) has a weighted 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 70 millimetres and not more than 100 millimetres;

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 a squid jig attached;

subsidiary vessel means a dinghy, tender or other vessel that is –

(a) part of the equipment of a vessel used for non-commercial fishing; and

(b) transported with, capable of being carried on, and operates solely from, the vessel; and

(c) is not operated further than 2 nautical miles from the vessel;

TAC area means State waters (other than the Tamar River) off the north, east and south coasts of Tasmania that are –

(a) south of the line of latitude 40º40'S; and

(b) east of an imaginary straight line starting at Low Head and running due north; and

(c) east of an imaginary straight line starting at Whale Head and running due south;

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;

unique identifying code , in relation to a person, means a unique number allotted to the person by the Secretary under rule 125 ;

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 .

(4)  In these rules –

(a) a person is taken to be in charge of a vessel if a fisheries officer has reason to believe that the person is in charge of the vessel; and

(b) 2 fillets of fish are equivalent to one fish.

(5)  For the purposes of these rules, a gillnet is set once the entire headline length of the gillnet is placed in the water.