Living Marine Resources Management Act 1995

Section 11

INSTRUMENT OF EXEMPTION

I, Deidre Wilson, Associate Secretary of the Department of Natural Resources and Environment Tasmania, acting pursuant to a delegation from the Minister administering the Living Marine Resources Management Act 1995 (the Act) under section 20(1), and acting pursuant to section 11 of the Act, hereby exempt the class of persons specified in Schedule 1 from complying with the determination made by Dr David Midson, General Manager (Marine Resources) on 20 November 2024 by the Notice of the Revocation and Determination of Dates of the Closed Season for a Part of the Scalefish Fishery for Sand Flathead (the Closure Notice) made pursuant to rule 11 of the Fisheries (Scalefish) Rules 2015 (the Rules), on the conditions specified in Schedule 2.

This exemption takes effect from 12:01 am on 21 November 2024 and remains in force until 11:59pm on 31 October 2026.

SCHEDULE 1

Class of Persons

  1. Persons who are fishing for non-commercial purposes.

SCHEDULE 2

Conditions

  1. A person may take or possess no more than 5 sand flathead in State waters between Whale Head and Cape Naturaliste on the East Coast of Tasmania in any one day.
  2. A person may take no more than 2 sand flathead in the Southern Sand Flathead Region in any one day.
  3. A person may possess no more than 2 sand flathead in the Southern Sand Flathead Region.
  4. Condition 3 does not apply if a person is transiting directly through the Southern Sand Flathead Region from the Eastern Zone, in possession of no more than 5 sand flathead for each person fishing on the vessel.
    1. For the purposes of this exemption, a vessel is transiting directly by the most practical and direct route to a boat ramp or unloading point.
    2. If a vessel deviates from the direct route, it is still deemed to be transiting directly if it does so for one or more of the following reasons:
      1. to assist a person, or vessel, in danger or distress, whether or not assistance was requested;
      2. to avoid danger to the vessel or its crew that is on or near, or is anticipated to be on or near, the direct route of the vessel;
      3. to avoid damage to the vessel, or injury or loss of life of its crew;
      4. due to failure, malfunction or defect of the vessel that prevents the vessel from taking the direct route.

Any expression used in this instrument bearing a particular meaning under the Act or the Rules has the same meaning as it has in the Act or the Rules.

Dated at HOBART this twentieth day November 2024

Deidre Wilson

ASSOCIATE SECRETARY

DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENT TASMANIA

Information

(This information does not form part of the exemption)  

Note this may be reworded.

The new exemption instrument outlines access and transiting conditions for the Eastern Zone and Southern Sand Flathead Region. This Instrument of Exemption, and the Closure Notice dated 20 November 2024 have the combined effect of reflecting the intention of the outcomes of the 2023 scalefish review applying a total bag limit of 5 per fisher in the combined area of Eastern Zone and Southern Sand Flathead Region of which not more than 2 can be taken from the Southern Sand Flathead Region. This Instrument of Exemption provides the ability for a person to transit with up five sand flathead from the Eastern Zone through the southern sand flathead region (the D’Entrecasteaux Channel, Derwent River, Frederick Henry Bay and Norfolk Bay) to boat ramps and unloading points.

For further information go to Fishing.tas.gov.au or phone Recreational Fishing Enquires on 1300 720 647.

Department of Natural Resources and Environment - modified: 20 November 2024, expires: 31 October 2026