Fisheries (General and Fees) Regulations 2026
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Fisheries (General and Fees) Regulations 2026
Fisheries (General and Fees) Regulations 2026
I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the
Living Marine Resources Management Act 1995 . 4 May 2026 B. BAKER Governor By Her Excellency's Command, G. B. PEARCE Minister for Primary Industries and Water
PART 1 - Preliminary
1.
Short title
These regulations may be cited as the
Fisheries (General and Fees) Regulations 2026 .
2.
Commencement
These regulations take effect on 24 May 2026.
3.
Interpretation
In these regulations
abalone
means fish of the genus Haliotis ;
abalone deed of agreement
means a deed of agreement
(a) entered into under
section 99
of the Act; or
(b) continued in force under
section 14 of the
Marine Resources (Savings and Transitional) Act 1995
;
Act
means the
Living Marine Resources Management Act 1995 ;
banded morwong
means fish of the species Cheilodactylus spectabilis ;
bivalve
means fish of the class Bivalvia;
blacklip abalone
means fish of the species Haliotis rubra ;
child
means a person who has not attained the age of 16 years;
finfish
means fish of the class Osteichthyes;
fish dispatch docket
means a docket relating to the movement of abalone, rock lobster or giant crab that is part of records required to be kept under the Act;
fishing licence (abalone dive)
means a fishing licence of a kind referred to in rule 7(a)(i) of the
Fisheries (Abalone) Rules 2017 ;
fishing licence (King Island kelp)
means a fishing licence of a kind referred to in rule 6(a)(ii) of the
Fisheries (Marine Plant) Rules 2017 ;
fish merchant
means
(a) the holder of any licence other than a fishing licence (recreational); or
(b) a person who carries on the business of selling fish;
fish receipt docket
means a docket relating to the receipt of abalone, rock lobster or giant crab that is part of records required to be kept under the Act;
giant crab
means crab of the species Pseudocarcinus gigas ;
Grade 1 penalty
means the penalty specified in
regulation 5
of the Penalty Regulations;
Grade 2 penalty
means the penalty specified in
regulation 6
of the Penalty Regulations;
Grade 3 penalty
means the penalty specified in
regulation 7
of the Penalty Regulations;
greenlip abalone
means fish of the species Haliotis laevigata ;
GST
has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth;
holder of a fishing licence (abalone dive)
includes a supervisor of such a licence;
licensing year
means the period beginning on 1 September each year and ending at midnight on 31 August the following year;
mother boat
means a fishing vessel that
(a) is used to transport holders of a fishing licence (abalone dive) on fishing trips for abalone; and
(b) is used by holders of a fishing licence (abalone dive)
(i) to act as a diving platform to take abalone for commercial purposes; or
(ii) to operate a fishing vessel, or auxiliary vessel, that acts as a diving platform to take abalone for commercial purposes; or
(iii) to undertake a fishing trip which ends on a day other than the day on which it commenced;
northern blacklip area
means the area of State waters adjacent to the north, north-west and north-east coasts of the mainland of Tasmania and King Island, and those State waters generally north of a line bounded in the east by an imaginary line from the northern side of the mouth of the Great Musselroe River at Musselroe Bay running due west for 100 metres, then following the shoreline 100 metres from shore to the northernmost tip of Musselroe Point, then running due north until its junction with the line of latitude 40° 48 00 South, and running due east to the outer limit of State waters, and bounded in the west by an imaginary line from the northernmost point of Woolnorth Point to the point of latitude 40° 37 14.40 South, longitude 144° 41 37.87 East, then running due north to the line of latitude 40° 16 58.41 South, and running due west to the limit of State waters;
Penalty Regulations
means the
Fisheries (Penalties) Regulations 2021 ;
pensioner
means a person who is
(a) the holder of a current Pensioner Concession Card issued
(i) in accordance with the Social Security Act 1991 of the Commonwealth; or
(ii) as a fringe benefit under the Veterans' Entitlements Act 1986 of the Commonwealth; or
(b) the holder of a current card issued in accordance with the Veterans' Entitlements Act 1986 of the Commonwealth;
processing operation
means treating fish by one or more of the following processes:
(a) cutting up;
(b) breaking up;
(c) shelling;
(d) skinning;
(e) shucking;
(f) filleting;
(g) cooking;
(h) drying;
(i) curing;
(j) smoking;
(k) voiding;
(l) purging;
(m) packing, for the purpose of dispatching the fish from the processing premises;
(n) freezing;
(o) canning;
rock lobster
means rock lobster of the genus Jasus or Sagmariasus ;
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);
shell length , in relation to an abalone, means the diameter of the abalone shell at its widest, whether the shell is broken or chipped or not;
sporophyll
means that part of an algal stem containing or producing spores;
Undaria
means
(a) exotic marine alga Undaria pinnatifida (commonly known as wakame); and
(b) sporophyll of that alga;
wild , in relation to any species or kind of fish, means State waters other than those to which a marine farming licence, specifying that species or kind of fish, relates.
PART 2 - Minimum Sizes
4.
Taking or possessing abalone
(1)
A person must not take abalone with a shell length of less than 120 millimetres unless that person is the holder of a fishing licence (abalone dive). Penalty: Grade 3 penalty.
(2)
A person must not have possession of abalone with a shell length of less than 120 millimetres unless that person
(a) is the holder of
(i) a fishing licence (abalone dive); or
(ii) a fish processing licence; or
(b) has bought or received the abalone from a fish merchant.
Penalty: Grade 3 penalty.
(3)
The holder of a fishing licence (abalone dive) must not take or have possession of abalone with a shell length of less than 110 millimetres. Penalty: Grade 3 penalty.
5.
Taking or possessing greenlip abalone
A person must not take or have possession of greenlip abalone with a shell length of less than 132 millimetres. Penalty: Grade 3 penalty.
6.
Possession by fish processing licence holder
(1)
The holder of a fish processing licence must not have possession of
(a) abalone with a shell length of less than 110 millimetres; or
(b) greenlip abalone with a shell length of less than 132 millimetres; or
(c) abalone taken from State waters with a smaller shell length than that which may legally be taken from those waters by the holder of a fishing licence (abalone dive).
Penalty: Grade 3 penalty.
(2)
Subregulation (1)(a)
and
(b)
do not apply to abalone that has been cultivated elsewhere than in the wild.
7.
Taking or possessing abalone in area A
(1)
In this regulation
area A
means the area of State waters adjacent to the south and west coasts of the mainland of Tasmania between an imaginary straight line due south from Whale Head near South East Cape and an imaginary straight line due west from the mouth of the Wild Wave River near Sandy Cape.
(2)
The holder of a fishing licence (abalone dive) must not take, from the waters within area A, abalone with a shell length of less than 150 millimetres. Penalty: Grade 3 penalty.
(3)
The holder of a fishing licence (abalone dive) must not have possession of abalone, in the waters of area A or on land within one kilometre of waters within that area, that have a shell length of less than 150 millimetres, unless
(a) the holder is undertaking a fishing trip on a mother boat; and
(b) the mother boat is
(i) in State waters north of an imaginary line running due west from Cape Sorell to the limit of State waters; or
(ii) in Macquarie Harbour or the channel into Macquarie Harbour; and
(c) the abalone has a shell length of not less than 136 millimetres.
Penalty: Grade 3 penalty.
8.
Taking or possessing abalone in northern blacklip area
(1)
In this regulation
Bass Strait area
means the area of State waters adjacent to the north coast of Tasmania and the Furneaux Group of islands in Bass Strait bounded in the west by an imaginary line running from the northernmost point of Woolnorth Point to the point of latitude 40° 37 14.40 South, longitude 144° 41 37.87 East, then running due north to the outer limit of State waters and bounded in the east by an imaginary line beginning where the line of longitude 147° 27 00 East meets the high-water mark of the north coast of the mainland of Tasmania in Anderson Bay, then running due north until its junction with the line of latitude 40° 39 South, then due east along that line of latitude to the outer limit of State waters;
Bass Strait islands area
means the area of State waters adjacent to the Furneaux Group of islands in Bass Strait as well as the islands in northern Bass Strait bounded in the west by the line of longitude 145° 22 42 East, and bounded in the south by the line of latitude 40° 39 00 South;
King Island blacklip area
means the area of State waters adjacent to King Island bounded in the east by the line of longitude 144° 41 37.87 East, and bounded in the south by the line of latitude 40° 16 58.41 South;
Musselroe Bay blacklip area
means the area of State waters adjacent to the north-east coast of mainland Tasmania bounded in the west by an imaginary line beginning where the line of longitude 147° 27 00 East meets the high-water mark of the north coast of the mainland of Tasmania in Anderson Bay, then running due north until its junction with the line of latitude 40° 39 00 South, then due east along that line of latitude to the outer limit of State waters, and bounded in the east by an imaginary line from the northern side of the mouth of the Great Musselroe River at Musselroe Bay running due west for 100 metres, then following the shoreline 100 metres from shore to the northernmost tip of Musselroe Point, then running due north until its junction with the line of latitude 40° 48 00 South, and running due east to the outer limit of State waters;
north coast blacklip area
means the area of State waters adjacent to the north coast of mainland Tasmania bounded by an imaginary line starting at the point where the line of longitude 145° 22 42 East meets the high-water mark near Cowrie Point and running due north along that line of longitude until its junction with the line of latitude 40° 39 00 South, then due east along that line of latitude until its junction with the line of longitude 147° 27 00 East and then due south along that line of longitude to the high-water mark of the north coast of the mainland of Tasmania in Anderson Bay.
(2)
The holder of a fishing licence (abalone dive) must not take, from the King Island blacklip area, abalone with a shell length of less than 136 millimetres. Penalty: Grade 3 penalty.
(3)
The holder of a fishing licence (abalone dive) must not take, from the Musselroe Bay blacklip area, abalone with a shell length of less than 132 millimetres. Penalty: Grade 3 penalty.
(4)
The holder of a fishing licence (abalone dive) must not have possession of abalone, in the waters of the King Island blacklip area or on land within one kilometre of waters within that area, that have a shell length of less than 136 millimetres, unless
(a) the holder is undertaking a fishing trip on a mother boat; and
(b) the abalone was taken legally from another part of the fishery.
Penalty: Grade 3 penalty.
(5)
The holder of a fishing licence (abalone dive) must not have possession of abalone, in the waters of the Musselroe Bay blacklip area or on land within one kilometre of waters within that area, that have a shell length of less than 132 millimetres, unless
(a) the holder is undertaking a fishing trip on a mother boat; and
(b) the abalone was taken legally from another part of the fishery.
Penalty: Grade 3 penalty.
(6)
The holder of a fishing licence (abalone dive) must not take abalone with a shell length of less than 120 millimetres from the Bass Strait area other than the north coast blacklip area and the Bass Strait islands area. Penalty: Grade 3 penalty.
(7)
The holder of a fishing licence (abalone dive) must not have possession of abalone with a shell length of less than 120 millimetres in the Bass Strait area (other than the north coast blacklip area and the Bass Strait islands area) unless
(a) the abalone has a shell length not less than 114 millimetres; and
(b) the abalone was taken in the Bass Strait islands area; and
(c) no holder of a fishing licence (abalone dive) has, on that fishing trip, dived or swum in State waters in the Bass Strait area (other than the Bass Strait islands area).
Penalty: Grade 3 penalty.
(8)
The holder of a fishing licence (abalone dive) must not have possession of abalone with a shell length of less than 114 millimetres in the Bass Strait islands area. Penalty: Grade 3 penalty.
9.
Taking or possessing abalone in upper-west blacklip area
(1)
In this rule
upper-west blacklip area
means the area of State waters adjacent to the upper-west coast of Tasmania enclosed by an imaginary line running from the northernmost point of Woolnorth Point to the point of latitude 40° 37 14.40 South, longitude 144° 41 37.87 East, then running due north to the line of latitude 40° 16 58.41 South, then running due west to the line of longitude 144° 26 18.11 East, then running due south to the line of latitude 41° 21 58.85 South, then running due east to the mouth of the Wild Wave River near Sandy Cape, and following the line of high water in a generally northerly direction to the point of commencement at Woolnorth Point.
(2)
The holder of a fishing licence (abalone dive) must not take abalone, from the waters of the upper-west blacklip area, with a shell length of less than 136 millimetres. Penalty: Grade 3 penalty.
(3)
The holder of a fishing licence (abalone dive) must not have possession of abalone, in the upper-west blacklip area, with a shell length of less than 136 millimetres, unless
(a) the holder is undertaking a fishing trip on a mother boat; and
(b) the abalone was taken legally from another part of the fishery.
Penalty: Grade 3 penalty.
10.
Taking or possessing abalone in east coast area
(1)
In this regulation
east coast area
means the area of State waters adjacent to the east, south-east and south coasts of Tasmania bounded in the north by an imaginary line starting from the northern side of the mouth of the Great Musselroe River at Musselroe Bay, running due west for 100 metres, then following the shoreline 100 metres from shore to the northernmost tip of Musselroe Point, then running due north until its junction with the line of latitude 40° 48 00 South and running due east to the outer limit of State waters, and bounded in the south by an imaginary straight line running due south from Whale Head near South East Cape to the outer limit of State waters.
(2)
The holder of a fishing licence (abalone dive) must not take, from the waters of the east coast area, abalone with a shell length of less than 145 millimetres. Penalty: Grade 3 penalty.
(3)
The holder of a fishing licence (abalone dive) must not have possession of abalone, in the waters of the east coast area or on land within one kilometre of those waters, that have a shell length of less than 145 millimetres, unless
(a) the abalone has a shell length of not less than 110 millimetres; and
(b) the holder is undertaking a fishing trip on a mother boat; and
(c) the mother boat is
(i) in State waters bounded in the north by the eastern boundary of the northern blacklip area and in the south by an imaginary straight line running due east from the tip of St Helens Point to the limit of State waters; or
(ii) within the waters of Georges Bay; and
(d) the abalone was taken legally from another part of the fishery.
Penalty: Grade 3 penalty.
11.
Taking or possessing abalone in King Island greenlip area and north coast greenlip area
(1)
In this regulation
King Island greenlip area
means the area of State waters adjacent to King Island bounded by the line of latitude 40° 20 00 South in the south, the line of longitude 143° 30 00 East in the west, the line of latitude 39° 30 00 South in the north and the line of longitude 144° 30 00 East in the east;
north coast greenlip area
means
(a) the area of State waters adjacent to the north coast of Tasmania bounded by an imaginary line running due north from the north coast along the line of longitude 147° 27 00 East until its junction with the line of latitude 40° 39 00 South, then west along that line of latitude until its junction with the line of longitude 145° 2 52.2 East and then south along that line of longitude; and
(b) the area of State waters adjacent to the north coast of Tasmania known as Robbins Passage bounded in the east by an imaginary line running due north along the line of longitude 145° 2 52.2 East and bounded in the west by an imaginary line running due north along the line of longitude 144° 55 00 East.
(2)
The holder of a fishing licence (abalone dive) must not take greenlip abalone that has a shell length of less than 150 millimetres from, or have possession of greenlip abalone that has a shell length of less than 150 millimetres
(a) in the King Island greenlip area; or
(b) on land within one kilometre of any waters within the King Island greenlip area.
Penalty: Grade 3 penalty.
(3)
The holder of a fishing licence (abalone dive) must not take greenlip abalone with a shell length of less than 145 millimetres from, or have possession of greenlip abalone that has a shell length of less than 145 millimetres in, waters other than those in the north coast greenlip area. Penalty: Grade 3 penalty.
(4)
The holder of a fishing licence (abalone dive) must not take greenlip abalone with a shell length of less than 132 millimetres from, or have possession of greenlip abalone with a shell length of less than 132 millimetres in, the north coast greenlip area. Penalty: Grade 3 penalty.
(5)
A person who is not the holder of a fishing licence (abalone dive) must not take or have possession of greenlip abalone with a shell length of less than 145 millimetres in State waters, other than waters in the north coast greenlip area. Penalty: Grade 3 penalty.
12.
Taking or possessing abalone in southern area
(1)
In this regulation
southern area
means the area of State waters adjacent to the east, south-east, south, south-west and west coasts of Tasmania bounded in the north on the east coast by an imaginary line from the northern side of the mouth of the Great Musselroe River at Musselroe Bay running due west for 100 metres, then following the shoreline 100 metres from shore to the northernmost tip of Musselroe Point, then running due north until its junction with the line of latitude 40° 48 00 South, and then running due east to the outer limit of State waters, and bounded in the north on the west coast by an imaginary line running due west from the mouth of the Arthur River to the limit of State waters.
(2)
A person, other than the holder of a fishing licence (abalone dive), must not take abalone with a shell length of less than 138 millimetres from the southern area. Penalty: Grade 3 penalty.
(3)
A person, other than the holder of a fishing licence (abalone dive), must not possess any abalone with a shell length of less than 138 millimetres in the southern area, or on land within one kilometre of any waters within the southern area, unless that person
(a) is the holder of a fish processing licence; or
(b) has bought or received the abalone from a fish merchant.
Penalty: Grade 3 penalty.
13.
Taking or possessing certain abalone
(1)
A person must not take or have possession of abalone with a shell length of less than 110 millimetres that has been cultivated elsewhere than in the wild unless the person
(a) is the holder of a marine farming licence that authorises abalone farming; or
(b) is acting with the authority of the holder of such a licence; or
(c) is the holder of a fish processing licence who has bought or received the abalone from the holder of a marine farming licence that authorises abalone farming; or
(d) has bought or received the abalone from a fish merchant.
Penalty: Grade 3 penalty.
(2)
A person must not take or have possession of any greenlip abalone with a shell length of less than 132 millimetres that has been cultivated elsewhere than in the wild unless the person
(a) is the holder of a marine farming licence that authorises abalone farming; or
(b) is acting with the authority of the holder of such a licence; or
(c) is the holder of a fish processing licence who has bought or received the abalone from the holder of a marine farming licence that authorises abalone farming; or
(d) has bought or received the abalone from a fish merchant.
Penalty: Grade 3 penalty.
PART 3 - Fees
14.
Beach price under abalone deed of agreement
(1)
In this regulation
abalone purchaser
means a person who has purchased more than 80 tonnes of abalone in the preceding 12 months.
(2)
For the purpose of fees payable under an abalone deed of agreement, the beach price is the average price per kilogram of abalone paid by abalone purchasers to the holders of fishing licences (abalone quota), holders of fishing licences (abalone) or holders of fishing licences (abalone dive).
(3)
The price per kilogram of abalone paid must be the true value taking into account
(a) each payment and other forms of payments; and
(b) any rights, privileges or benefits paid directly or indirectly for the abalone.
15.
Fee under 1994 abalone deed of agreement
(1)
In this regulation
1994 abalone deed of agreement
means the deed of agreement, made on 30 June 1994 pursuant to section 7 of the former Fisheries Act 1959 in respect of the right to take and acquire abalone for commercial purposes in State fishing waters, as
(a) continued in force under
section 14 of the
Marine Resources (Savings and Transitional) Act 1995
; and
(b) renewed under clause 4 of the deed of agreement for a term of 10 years commencing on 1 January 2004 ( the renewed term );
fee
means the fee referred to in clause 5.2 of the 1994 abalone deed of agreement;
next 2 terms , of the 1994 abalone deed of agreement, means the 2 terms immediately following the renewed term.
(2)
Pursuant to clause 4.5 of the 1994 abalone deed of agreement, the fee to be paid during the next 2 terms of that deed of agreement is a fee determined in accordance with
Schedule 3 .
16.
Fees
(1)
The fees specified in
Part 2
of
Schedule 1
are prescribed as the fees payable in respect of the fishing licence matters to which they respectively relate.
(2)
The fees specified in
Part 3
of
Schedule 1
are prescribed as the fees payable in respect of the fish processing licence matters to which they respectively relate.
(3)
The fees specified in
Part 4
of
Schedule 1
are prescribed as the fees payable in respect of the handling licence matters to which they respectively relate.
(4)
The fees specified in
Part 5
of
Schedule 1
are prescribed as the fees payable in respect of the marine farming licence matters to which they respectively relate.
(5)
The fees specified in
Schedule 2
are prescribed as the fees payable in respect of the miscellaneous matters to which they respectively relate.
(6)
The fees specified in
Schedules 1
and
2 , other than item 6 of
Schedule 2 , are GST exempt.
(7)
The fees specified in item 6 of
Schedule 2
are inclusive of GST.
17.
Fees for fishing licence (abalone quota)
In addition to the payment of the fee specified in
Part 1
of
Schedule 1
for the renewal of a fishing licence (abalone quota), each of the following fees are payable for that licence:
(a) a quarterly fee to take and acquire abalone, calculated and payable in respect of each billing period, as if the licence were a deed of agreement made under section 7 of the former Fisheries Act 1959 ;
(b) a fee, if any, determined under
section 99(3)
of the Act in respect of the renewal as if the licence were an abalone deed of agreement.
PART 4 - Marine Plant Royalties
18.
Interpretation
In this Part
royalty period , in relation to a fishing licence (King Island kelp), means each 6-month period commencing on 1 March and 1 September in any year.
19.
Royalties for King Island kelp
The royalty specified in
regulation 20
is prescribed as the royalty payable by the holder of a fishing licence (King Island kelp).
20.
Calculation of royalty
(1)
In each licensing year, the royalty payable by the holder of a fishing licence (King Island kelp) is, for each dry tonne of kelp taken under the authority of that licence, an amount calculated in accordance with the following formula:
where
A
is the amount of royalty, rounded down to the nearest dollar;
B
is $30;
C
is the value of the CPI figure for Hobart for the June quarter immediately preceding the licensing year in which the value of the royalty is to apply;
D
is the value of the CPI figure for Hobart for the June quarter 2017.
(2)
For the purposes of
subregulation (1)
CPI figure for Hobart
means the Consumer Price Index: All Groups Index Number for Hobart published by the Australian Statistician under the authority of the Census and Statistics Act 1905 of the Commonwealth.
21.
Royalty return
(1)
The holder of a fishing licence (King Island kelp) must, within 2 weeks after the end of each royalty period, submit to the Secretary a return for that royalty period. Penalty: Grade 2 penalty.
(2)
A return under
subregulation (1)
is to
(a) be in an approved form; and
(b) contain any details, calculations or information that the Secretary determines appropriate.
(3)
The Secretary is to
(a) in accordance with
regulation 20 , calculate the royalty payable by the holder of a fishing licence (King Island kelp) under this Part in respect of a royalty period; and
(b) issue the holder with an invoice for the royalty payable in respect of that royalty period.
22.
Royalty payable
The royalty is payable by the holder of a fishing licence (King Island kelp)
(a) in respect of each royalty period; and
(b) within 30 days after an invoice for the royalty is issued to the holder, in writing, by the Secretary.
PART 5 - Miscellaneous
23.
Notifiable decisions
The decisions specified in
Part 1
of
Schedule 4
are prescribed as decisions in respect of which a notice is to be served under
section 280
of the Act.
24.
Appealable determinations
The determinations specified in
Part 2
of
Schedule 4
are prescribed as determinations in respect of which a person may appeal to the Appeal Tribunal under
section 283
of the Act.
25.
Prescribed fish for definition of Aboriginal activity
For the purpose of paragraph (b) of the definition of
Aboriginal activity
in
section 3
of the Act, the fish specified in
Schedule 5
are prescribed fish.
26.
Prescribed matters for fish processing offence
For the purpose of
section 67(1)(b)
of the Act
(a) the prescribed fish are all fish other than abalone, giant crab, rock lobster and scallop; and
(b) the prescribed quantity of fish is
(i) 100 kilograms for marine plant; and
(ii) 10 tonnes for all other prescribed fish; and
(c) the prescribed period is one licensing year.
27.
Prescribed classes for storage of fish
For the purpose of
section 69
of the Act, abalone, banded morwong, giant crab, rock lobster and scallop are prescribed classes of fish.
28.
Commercially protected fish
For the purposes of
Division 7 of Part 4
of the Act, abalone is prescribed under
section 100(1)
of the Act as a class of commercially protected fish.
29.
Prescribed species for seizure of fish
For the purpose of
section 200(c)(ii)
of the Act, abalone, banded morwong, giant crab, rock lobster and scallop are prescribed species of fish.
30.
Prescribed apparatus illegally used
For the purpose of
section 268(1A)(c)
of the Act, the following apparatus is prescribed:
(a) fish traps, within the meaning of the
Fisheries (Scalefish) Rules 2015 ;
(b) giant crab traps, being a trap within the meaning of the
Fisheries (Giant Crab) Rules 2023
.
31.
Industry levy
A levy payable by a person under
section 279
of the Act is due and payable
(a) when the person applies for the grant or renewal of a licence under which an activity to which the levy relates is undertaken; or
(b) within 30 days after the Minister issues written notification that the levy is due and payable.
32.
Noxious fish
For the purpose of the Act, the following species of fish are prescribed as noxious fish in State waters:
(a) Northern Pacific seastar ( Asterias amurensis );
(b) European carp ( Cyprinus carpio );
(c) black striped mussel ( Mytilopsis sallei );
(d) European shore crab ( Carcinus maenas ) (also known as green crab);
(e) Undaria pinnatifida ;
(f) giant fan worm ( Sabella spallanzanii );
(g) green algae ( Caulerpa taxifolia ).
33.
Keeping records
The following people are prescribed for the purpose of
section 145(1)
of the Act:
(a) a person who at any time in the preceding 5 years was the holder of an authorisation;
(b) a person approved under
section 87
or
88
of the Act;
(c) a person who is transporting fish on behalf of the holder of
(i) a fish processing licence; or
(ii) a handling licence.
34.
Unauthorised possession of docket book
A person or an agent of a person must not have possession of any of the following unused dockets unless the docket was issued to the person and the person is the current holder of a fish processing licence or a handling licence:
(a) fish dispatch docket;
(b) fish receipt docket.
Penalty: Grade 3 penalty.
35.
Return of unused docket book
A person who was the holder of a fish processing licence or a handling licence must return to the Secretary, within 14 days after the expiration or cancellation of the licence, the following unused dockets issued to that person:
(a) fish dispatch docket;
(b) fish receipt docket.
Penalty: Grade 2 penalty.
36.
Prescribed purposes for changes to management plans
(1)
For the purpose of
section 48A(1)(f)
of the Act, extending the duration of a management plan for a period not exceeding 24 months, in total, is a prescribed purpose.
(2)
For the avoidance of doubt, nothing in
subregulation (1)
prevents more than one extension of a management plan under that subregulation, if the extension period, in total, for that management plan does not exceed 24 months.
37.
Prescribed offences and penalties
(1)
For the purposes of
section 234(1)
of the Act
(a) an offence against a provision of the Act specified in column 2 of the table in
Part 1
of
Schedule 6
is a prescribed offence; and
(b) an offence against a provision of these regulations specified in column 2 of the table in
Part 2
of
Schedule 6
is a prescribed offence.
(2)
A penalty specified in column 3 of a table in Schedule 6 in respect of a prescribed offence is the penalty applicable to the prescribed offence.
38.
Expiry of regulations
These regulations expire on 24 May 2027.
SCHEDULE 1 - Licence Fees
Regulation 16
PART 1 - Interpretation
1.
Interpretation
A fishing licence referred to in
Part 2
to this Schedule is the fishing licence issued under
Part 4
of the Act and referred to by that name in that Part or the rules specified in
Part 2
to this Schedule.
PART 2 - Fishing licences
Division 1
Generally applicable fishing licences
1.
Fishing licence (personal)
(a) Grant or renewal
90 fee units
2.
Fishing licence (vessel)
(a) Grant of non-transferable licence endorsed for taking of abalone only
400 fee units
(b) Renewal
300 fee units
(c) Transfer
(i) for a period not exceeding 2 years (whether or not the transfer includes all licences specified on the fishing certificate)
100 fee units
(ii) to comply with a court order (whether or not the transfer includes all licences specified on the fishing certificate)
100 fee units
(iii) in settlement of an estate (whether or not the transfer includes all licences specified on the fishing certificate)
100 fee units
(iv) if parties to the transfer are persons related by family within the meaning of
section 7 of the
Relationships Act 2003
or in a personal relationship within the meaning of
section 6
of that Act (whether or not the transfer includes all licences specified on the fishing certificate)
100 fee units
(v) in all other cases
1 500 fee units
(d) Variation
(i) change of fishing vessel
200 fee units
(ii) removal of fishing vessel
100 fee units
(iii) entry of fishing vessel
200 fee units
3.
Fishing licence (recreational)
(a) Grant or renewal
(i) one licence (pensioner)
20 fee units
(ii) one licence (child)
20 fee units
(iii) one licence (other)
35 fee units
(iv) each additional licence
5 fee units
(b) Variation
(i) application
5 fee units
(ii) each additional licence
5 fee units
(c) Tags replacement
5 fee units
(d) Licence certificate replacement
5 fee units
Fisheries (Abalone) Rules 2017
4.
Fishing licence (abalone dive)
(a) Renewal
100 fee units
(b) Transfer
250 fee units
(c) Granting approval under
section 87
of the Act for person to act as supervisor
200 fee units
(d) Variation (de-authorise quota)
50 fee units
(e) Variation (de-authorise abalone quota)
50 fee units
5.
Fishing licence (abalone quota)
(a) Renewal
$100
Fisheries (Commercial Dive) Rules 2021
6.
Fishing licence (commercial dive)
(a) Renewal
400 fee units
(b) Transfer
250 fee units
(c) Variation
50 fee units
Fisheries (Giant Crab) Rules 2023
7.
Fishing licence (giant crab)
(a) Renewal, each quota unit
135 fee units
(b) Transfer of licence
250 fee units
(c) Transfer of permanent giant crab units, per application
100 fee units
(d) Variation (seasonal quota transfer)
50 fee units
Fisheries (Mackerel) Rules 2019
8.
Fishing licence (mackerel A)
(a) Renewal (no quota)
50 fee units
(b) Variation (increase quota), each tonne
4.03 fee units
9.
Fishing licence (mackerel B)
(a) Renewal
660 fee units
Fisheries (Marine Plant) Rules 2017
10.
Fishing licence (marine plant)
(a) Grant
400 fee units
(b) Renewal
200 fee units
(c) Variation
50 fee units
11.
Fishing licence (introduced marine plant)
(a) Grant
400 fee units
(b) Renewal
200 fee units
(c) Variation
50 fee units
12.
Fishing licence (Undaria)
(a) Grant
4 650 fee units
(b) Renewal
4 650 fee units
(c) Variation
50 fee units
13.
Fishing licence (King Island kelp)
(a) Grant
4 650 fee units
(b) Renewal
4 650 fee units
(c) Variation
50 fee units
Fisheries (Rock Lobster) Rules 2022
14.
Fishing licence (rock lobster)
(a) Renewal, each quota unit
190 fee units
(b) Transfer of licence
500 fee units
(c) Transfer of permanent rock lobster units, per application
100 fee units
(d) Variation (seasonal quota transfer)
50 fee units
15.
Fishing licence (recreational special rock lobster)
(a) Application for 14-day licence
30 fee units
Fisheries Rules 2019
16.
Fishing licence (mussel spat collection)
(a) Grant or renewal
935 fee units
(b) Variation (change, removal or entry of fishing vessel)
50 fee units
Fisheries (Scalefish) Rules 2015
17.
Fishing licence (Danish seine)
(a) Renewal
200 fee units
18.
Fishing licence (limited Danish seine)
(a) Renewal
200 fee units
19.
Fishing licence (purse seine net)
(a) Renewal
340 fee units
(b) Transfer
250 fee units
20.
Fishing licence (beach seine A)
(a) Renewal
340 fee units
(b) Transfer
250 fee units
21.
Fishing licence (beach seine B)
(a) Renewal
210 fee units
(b) Transfer
250 fee units
22.
Fishing licence (small-mesh gillnet)
(a) Renewal
210 fee units
(b) Transfer
250 fee units
23.
Fishing licence (automatic squid jig)
(a) Renewal
500 fee units
(b) Transfer
250 fee units
24.
Fishing licence (scalefish A)
(a) Renewal
340 fee units
(b) Transfer
250 fee units
25.
Fishing licence (scalefish B)
(a) Renewal
210 fee units
(b) Transfer
250 fee units
26.
Fishing licence (scalefish C)
(a) Renewal
140 fee units
27.
Fishing licence (banded morwong)
(a) Renewal
340 fee units plus 10 fee units per banded morwong quota unit
(b) Transfer
250 fee units
(c) Permanent transfer of banded morwong quota units, per application
100 fee units
(d) Variation (seasonal quota transfer)
50 fee units
28.
Fishing licence (wrasse)
(a) Renewal
210 fee units
(b) Transfer
250 fee units
29.
Fishing licence (Australian salmon)
(a) Renewal
680 fee units
(b) Transfer
250 fee units
30.
Fishing licence (southern calamari)
(a) Renewal
510 fee units
(b) Transfer
250 fee units
31.
Fishing licence (octopus)
(a) Renewal
4 750 fee units
(b) Transfer
250 fee units
(c) Variation
50 fee units
Fisheries (Scallop) Rules 2020
32.
Fishing licence (scallop)
(a) Renewal
(i) fixed component where the total allowable catch under the licence is less than 1 500 tonnes
0
(ii) fixed component where the total allowable catch under the licence is 1 500 tonnes or more
8 fee units per scallop quota unit
(iii) plus research levy component
2 fee units
(iv) plus fisheries management component
622 fee units plus 4.4 fee units per scallop quota unit
(b) Transfer of licence
250 fee units
(c) Transfer of permanent scallop quota units, per application
100 fee units
(d) Variation (seasonal quota transfer)
50 fee units
33.
Fishing licence (scallop spat collection)
(a) Grant or renewal
935 fee units
(b) Variation (change, removal or entry of fishing vessel)
50 fee units
Fisheries (Shellfish) Rules 2017
34.
Fishing licence (clam Georges Bay North)
(a) Renewal
2 000 fee units
(b) Transfer
250 fee units
(c) Variation
50 fee units
35.
Fishing licence (clam Georges Bay South)
(a) Renewal
2 000 fee units
(b) Transfer
250 fee units
(c) Variation
50 fee units
36.
Fishing licence (cockle Ansons Bay)
(a) Renewal
2 000 fee units
(b) Transfer
250 fee units
(c) Variation
50 fee units
37.
Fishing licence (native oyster Georges Bay)
(a) Renewal
2 000 fee units
(b) Transfer
250 fee units
(c) Variation
50 fee units
38.
Fishing licence (Pacific Oyster)
(a) Grant or renewal
100 fee units
(b) Variation
50 fee units
PART 3 - Fish processing licences
1.
Grant or renewal, per licensing year, in respect of
(a) any amount of abalone, giant crab, rock lobster or scallop
150 fee units
(b) 10 tonnes or more of other species or combination of other species
150 fee units
2.
Endorsement for abalone
1 150 fee units
3.
Endorsement for banded morwong
50 fee units
4.
Endorsement for giant crab and/or rock lobster
(a) processing less than 5 tonnes per licensing year
150 fee units
(b) processing 5 tonnes or more per licensing year
1 150 fee units
5.
Endorsement for scallop
150 fee units
6.
Endorsement to process kelp from Granville Harbour area
1 000 fee units
PART 4 - Handling licences
1.
Grant or renewal
150 fee units
2.
Endorsement for rock lobster and/or giant crab
(a) handling less than 5 tonnes per licensing year
100 fee units
(b) handling 5 tonnes or more per licensing year
1 100 fee units
PART 5 - Marine farming licences
1.
Renewal or variation in respect of species not farmed on land
(a) Bivalve
(i) one species
835 fee units
(ii) each additional species
100 fee units
(b) Finfish
(i) one species
1 750 fee units
(ii) each additional species
100 fee units
(c) Seaweed
400 fee units
(d) Abalone
(i) one species
1 550 fee units
(ii) each additional species
100 fee units
(e) Other species
100 fee units
2.
Renewal or variation in respect of species farmed on land
(a) Abalone
(i) one species
1 550 fee units
(ii) each additional species
100 fee units
(b) Other species
300 fee units
3.
Transfer
(a) for species farmed on land
300 fee units
(b) for species not farmed on land
480 fee units
SCHEDULE 2 - Miscellaneous Fees
Regulation 16(5)
1.
Application under
section 87
of Act for approval for person to act as supervisor
50 fee units
2.
Application for grant of licence where original licence has expired. This fee does not apply to fish processing licences, handling licences and the following types of fishing licences: personal, recreational, marine plant, mussel spat collection and Pacific oyster
licence renewal fee plus 100 fee units
3.
Examination of register kept under
section 298
of Act
10 fee units
4.
Obtaining copy or extract from register kept under
section 298
of Act
10 fee units
5.
Obtaining list of entries from register kept under
section 298
of Act
(a) first 200 names
20 fee units
(b) each additional 200 names, or part thereof
10 fee units
6.
Purchase of tags for tagging rock lobster
(a) horn tag per tag
0.28 fee units
(b) tail tag per tag
0.55 fee units
(c) meat only per tag
0.35 fee units
SCHEDULE 3 - Fee under 1994 Abalone Deed of Agreement
Regulation 15(2)
1.
Interpretation
In this Schedule
billing period
means billing period under clause 5 of the 1994 abalone deed of agreement;
BP or beach price
means the beach price calculated under
regulation 14 ;
Fee%
means the fee percentage calculated under
clause 3 ;
financial year
means the 12-month period commencing on 1 July in any year;
relevant billing period , for a fee, means the billing period for which the fee is to be calculated.
2.
Calculation of fee
The fee is to be determined in accordance with the following formula:
3.
Fee percentage
(1)
The fee percentage is to be calculated in accordance with the following table:
Fee percentage per kg
Indexed beach price
0.00%
@
$7.00 and below
4.00%
@
$7.01 to $29.99
4.00%
@
$30.00
12.00%
@
$70.00 and all beach prices thereafter
(2)
For the purposes of the table in
subclause (1) , the BP is to be indexed in accordance with the following formula:
where
i 1
is indexation, calculated under
subclauses (3)
and
(4) , of the value of a fee unit.
(3)
The formula for the purposes of the definition of i 1 in
subclause (2)
is:
where
i 1
is, subject to
subclause (4) , the value of indexation for the financial year in which the relevant billing period occurs;
i 0
is the value of indexation immediately preceding i 1 ;
B
is the value of a fee unit for the financial year in which the relevant billing period occurs;
C
is the value of a fee unit for the financial year immediately preceding B.
(4)
For the financial year commencing on 1 July 2013, i 1 is 1.00.
(5)
For beach prices falling between the amounts of $30.00 and $70.00 in the table in
subclause (1) , the fee percentage is the percentage, expressed to three decimal places, which appears on a straight line interpolation between the percentages listed for those amounts in the column headed "Fee percentage per kg" .
SCHEDULE 4 - Decisions and Determinations
Regulations 23
and
24
PART 1 - Notifiable decisions
Decision to be notified
Made by
Provision of Act
1.
Which fishing certificate is to specify which fishing licence
Secretary
section 63
2.
Grant of or refusal to grant licence, other than a refusal under
section 78(2)
to the extent that refusal is based on the grounds in
section 78(2)(d)
Secretary
section 78
3.
Issue of licence as separate instrument or as endorsement on fishing certificate
Minister
section 79
4.
Renewal of or refusal to renew licence
Secretary
section 81
5.
Transfer of or refusal to transfer licence
Secretary
section 82
6.
Transfer of or refusal to transfer quota or entitlement under licence
Secretary
section 82
7.
Variation of or refusal to vary licence
Secretary
section 83
8.
Approval of or refusal to approve leasing, sub-leasing, lending or supervising of licence
Secretary
section 87
9.
Approval of or refusal to approve person as substitute licensee
Secretary
section 88
10.
Approval of or refusal to approve another form of supervision of activity under licence
Secretary
section 89
11.
Requirement to destroy noxious fish
Minister
section 130
12.
Addition, variation, revocation or substitution of condition of approval to engage in activity in marine resources protected area
Minister
section 133
13.
Revocation of approval to engage in activity in marine resources protected area
Minister
section 134
14.
Approval of or refusal to approve application for return of seized thing
Secretary
section 232
15.
Extension of time for payment, waiver or refund of whole or part, acceptance of lesser amount, or grant or refusal to grant application for extension of time for payment of any fee, levy, charge or royalty
Minister
section 275
PART 2 - Appealable determinations after review
Determination
Provision of Act
1.
Substituting, confirming or revoking decision relating to which fishing certificate is to specify which fishing licence
section 63
2.
Substituting, confirming or revoking decision relating to grant of or refusal to grant licence other than a refusal under
section 78(2)
to the extent that refusal is based on the grounds in
section 78(2)(d)
section 78
3.
Substituting, confirming or revoking decision relating to issue of licence as separate instrument or as endorsement on fishing certificate
section 79
4.
Substituting, confirming or revoking decision relating to renewal of or refusal to renew licence
section 81
5.
Substituting, confirming or revoking decision relating to transfer of or refusal to transfer licence
section 82
6.
Substituting, confirming or revoking decision relating to transfer of or refusal to transfer quota or entitlement under a licence
section 82
7.
Substituting, confirming or revoking decision relating to variation of or refusal to vary licence
section 83
8.
Substituting, confirming or revoking decision relating to approval of or refusal to approve leasing, sub-leasing, lending or supervising of licence
section 87
9.
Substituting, confirming or revoking decision relating to approval of or refusal to approve person as substitute licensee
section 88
10.
Substituting, confirming or revoking decision relating to approval of or refusal to approve another form of supervision of activity under licence
section 89
11.
Substituting, confirming or revoking decision relating to requirement to destroy noxious fish
section 130
12.
Substituting, confirming or revoking decision relating to addition, variation, revocation or substitution of condition of approval to engage in activity in marine resources protected area
section 133
13.
Substituting, confirming or revoking decision relating to revocation of approval to engage in activity in marine resources protected area
section 134
14.
Substituting, confirming or revoking decision relating to approval of or refusal to approve application for return of seized thing
section 232
15.
Substituting, confirming or revoking decision relating to extension of time for payment, waiver or refund of whole or part, acceptance of lesser amount, or grant or refusal to grant application for extension of time for payment of any fee, levy charge or royalty
section 275
SCHEDULE 5 - Prescribed Fish for Definition of Aboriginal Activity
Regulation 25
Common or used name
Scientific name
Shellfish
1.
Banded or Silver Kelp shell
Bankivia fasciata
2.
Black Crow or Black Nerite
Nerita atramentosa
3.
Blue and Brown Gulls or Banded Periwinkle
Nodilittorina unifasciata
4.
Buckies, Pheasant shell or Painted Lady
Phasianella australis
5.
Cats' Teeth or Estuarine Mud Whelk shell
Batillariella estuarina
6.
Cats' Teeth or Lined Rissoina
Rissoina lintea
7.
Cats' Teeth or Variegated Rissoina
Rissoina variegata
8.
Dark and Yellow Buttons or Conniwink
Bembicium melanostomum
9.
Gold-mouth Conniwink
Bembicium auratum
10.
Jewelled Top shell
Calliostoma armillata
11.
King Maireener or Choice Sea-weed shell
Phasianotrochus eximius
12.
Maireener (Pink-tipped Kelp shell)
Phasianotrochus apicinus
13.
Maireener (Rainbow Kelp shell)
Phasianotrochus irisodontes
14.
Mud Whelk shell
Zeacumantus diemenensis
15.
Oat or Dove shells
Mitrella spp.
16.
Otherside Penguins or Pygmy Margin shell
Mesoginella pygmaeoides
17.
Penguin
Austroginella muscaria
18.
Rice or Rye shell
Truncatella scalarina
19.
Striped Dog Whelk
Nassarius pauperatus
20.
Striped Buttons or Striped-mouth Conniwink
Bembicium nanum
21.
Toothies, Toosies or Delicate Air Breather shell
Marinula xanthostoma
22.
Top shell
Clanculus dunkeri
23.
Wedge shell
Paphies cuneata
24.
White Dog Whelk
Nassarius nigellus
Marine Plants
25.
Algae and seaweed of the following divisions:
(a) Chlorophyta (green algae)
(b) Heterokontophyta of the class Phaeophyceae (brown algae)
(c) Rhodophyta (red algae)
26.
Seagrass of the division Magnoliophyta
SCHEDULE 6 - Offences
Regulation 37
PART 1 - Offences under the Act
Column 1
Column 2
Column 3
Item
Section of Act
Penalty (penalty units)
1.
Section 15(2)
3
2.
Section 60(1)
4
3.
Section 64(1)
4
4.
Section 86A
3
5.
Section 89(1)
3
6.
Section 89(4)
3
7.
Section 89(7)
2
8.
Section 135(2)
3
9.
Section 139(1)
1
10.
Section 143(3)
2
11.
Section 145(1)
1
12.
Section 145(2)
1
13.
Section 167
1
14.
Section 262(1)
3
15.
Section 270(2)
4
PART 2 - Offences under the regulations
Column 1
Column 2
Column 3
Item
Regulation
Penalty (penalty units)
16.
Regulation 4(1)
2
17.
Regulation 4(2)
2
18.
Regulation 4(3)
5
19.
Regulation 5
2
20.
Regulation 6(1)(a)
3
21.
Regulation 6(1)(b)
3
22.
Regulation 6(1)(c)
3
23.
Regulation 7(2)
5
24.
Regulation 7(3)
5
25.
Regulation 8(2)
5
26.
Regulation 8(3)
5
27.
Regulation 8(4)
5
28.
Regulation 8(5)
5
29.
Regulation 8(6)
5
30.
Regulation 8(7)
5
31.
Regulation 8(8)
5
32.
Regulation 9(2)
5
33.
Regulation 9(3)
5
34.
Regulation 10(2)
5
35.
Regulation 10(3)
5
36.
Regulation 11(2)
5
37.
Regulation 11(3)
5
38.
Regulation 11(4)
5
39.
Regulation 11(5)
5
40.
Regulation 12(2)
5
41.
Regulation 12(3)
5
42.
Regulation 13(1)
2
43.
Regulation 13(2)
2
44.
Regulation 34
3
45.
Regulation 35
2
Displayed and numbered in accordance with the
Rules Publication Act 1953 . Notified in the Gazette on 13 May 2026 These regulations are administered in the Department of Natural Resources and Environment Tasmania.
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