Living Marine Resources Management Act 1995

Section 11

INSTRUMENT OF EXEMPTION

I, DEIDRE WILSON, Deputy Secretary (Position Number 702786) in the Department of Natural Resources and Environment Tasmania, acting pursuant to a delegation from the Minister for Primary Industries and Water acting pursuant to section 20(1) and 78(3) of the Living Marine Resources Management Act 1995 (“the Act”), hereby acting pursuant to section 11 of the Act grant this exemption for the class of persons described in Schedule 1 of this instrumentfrom the provisions of subrule 73(3)(b) of the Fisheries (Scalefish) Rules 2015 (“the Rules”) for 3 years from 00:01 23 December 2023 subject to the conditions provided in Schedule 2 of this instrument

SCHEDULE 1

Class of Persons

The holder or supervisor of a fishing licence (banded morwong).

SCHEDULE 2

Conditions

The holder or supervisor of a fishing licence (banded morwong) has made a report to the reporting service, in relation to the transportation of the banded morwong into the total allowable catch (TAC) area before entering the part of the TAC area north of the line of latitude running through Fishers Point at 43°34’12.6”S.

Dated at HOBART this 19th day of December 2023

Deidre Wilson

Deputy Secretary, Department of Natural Resources and Environment Tasmania

Notes:

1.  Any expression used in this instrument bearing a particular meaning under the Act or the Fisheries (Scalefish) Rules 2015 has the same meaning in this instrument.

2.  Subrules 73(2) and (3) provide as follows:

(2) the holder of a fishing licence (banded morwong) must not take, or be in possession of, banded morwong in the TAC area unless the number of banded morwong quota units that may be taken under the licence is specified on the licence.

(3) However, subrule (2) does not apply to banded morwong possessed by the licensee in the TAC area if –

(a) the banded morwong were taken outside the TAC area; and

(b)  the licensee made a report to the reporting service, in relation to the transportation of the banded morwong into the TAC area, no earlier than 2 hours before entering the TAC area.

Department of Natural Resources and Environment - modified: 21 December 2023, expires: 23 December 2026