{"id":"tas:sr-2019-005","name":"Fisheries (Mackerel) Rules 2019","slug":"fisheries-mackerel-rules-2019","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"5 of 2019","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":184184,"registerId":"tas-tas:sr-2019-005-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> These rules may be cited as the [Fisheries (Mackerel) Rules 2019](/view/html/inforce/2026-04-12/sr-2019-005) .","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> These rules take effect on the day on which their making is notified in the *Gazette*.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> > (1)  In these rules –\n> > \n> > > ***Act*** means the [Living Marine Resources Management Act 1995](/view/html/inforce/2026-04-12/act-1995-025) ;\n> > \n> > > ***bycatch*** means all species of scalefish other than mackerel;\n> > \n> > > ***Commonwealth authority*** means any licence, permit, right or other authority relating to a specific fishery granted under the Commonwealth Act;\n> > \n> > > ***fishing trip*** means a trip undertaken for fishing, commencing on the departure from a port, port of landing or authorised mooring and ending on the return to a port, port of landing or authorised mooring;\n> > \n> > > ***Grade 1 penalty*** means the penalty specified in [regulation 5](/view/html/inforce/2026-04-12/sr-2011-012#GS5@EN) of the Penalty Regulations;\n> > \n> > > ***Grade 2 penalty*** means the penalty specified in [regulation 6](/view/html/inforce/2026-04-12/sr-2011-012#GS6@EN) of the Penalty Regulations;\n> > \n> > > ***Grade 3 penalty*** means the penalty specified in [regulation 7](/view/html/inforce/2026-04-12/sr-2011-012#GS7@EN) of the Penalty Regulations;\n> > \n> > > ***mackerel*** means –\n> > > \n> > > > > (a) fish of the species *Emmelichthys nitidus* (commonly known as redbait); and\n> > > > \n> > > > > (b) fish of the species *Scomber australasicus* (commonly known as blue mackerel); and\n> > > > \n> > > > > (c) fish of the genus Trachurus including –\n> > > > > \n> > > > > > > (i) *Trachurus declivis* (commonly known as common jack mackerel); and\n> > > > > > \n> > > > > > > (ii) *Trachurus murphyi* (commonly known as Peruvian jack mackerel); and\n> > > > > > \n> > > > > > > (iii) *Trachurus novaezelandiae* (commonly known as yellowtail scad);\n> > \n> > > ***mackerel fishing licence*** means –\n> > > \n> > > > > (a) a fishing licence (mackerel A); or\n> > > > \n> > > > > (b) a fishing licence (mackerel B);\n> > \n> > > ***mackerel zone*** means –\n> > > \n> > > > > (a) all the State waters east of the line of longitude 146o 30' East (known as the ***eastern mackerel zone***); and\n> > > > \n> > > > > (b) all the State waters west of the line of longitude 146o 30' East (known as the ***western mackerel zone***);\n> > \n> > > ***market value*** – see [rule 16](#GS16@EN) ;\n> > \n> > > ***open season*** – see [rule 12](#GS12@EN) ;\n> > \n> > > ***Penalty Regulations*** means the [Fisheries (Penalties) Regulations 2011](/view/html/inforce/2026-04-12/sr-2011-012) ;\n> > \n> > > ***purse seine net*** has the same meaning as in the [Fisheries (Scalefish) Rules 2015](/view/html/inforce/2026-04-12/sr-2015-068) ;\n> > \n> > > ***reporting service*** means a reporting service approved under [rule 20](#GS20@EN) ;\n> > \n> > > ***scalefish*** has the same meaning as in the [Fisheries (Scalefish) Rules 2015](/view/html/inforce/2026-04-12/sr-2015-068) ;\n> > \n> > > ***shark refuge area*** means a shark refuge area specified in [Schedule 1](#JS1@EN) ;\n> > \n> > > ***site of unloading***, of mackerel, means –\n> > > \n> > > > > (a) the first point where the mackerel or a container containing the mackerel –\n> > > > > \n> > > > > > > (i) is unloaded; or\n> > > > > > \n> > > > > > > (ii) makes contact with a jetty or artificial extension of land; or\n> > > > \n> > > > > (b) any other place determined by the Secretary;\n> > \n> > > ***unloading*** means the act of taking mackerel onto land, or causing or permitting mackerel to be taken onto land, from a fishing vessel or State waters.\n> \n> > (2)  In these rules, a reference to a shark refuge area by name is a reference to the shark refuge area so named in column 2 (and as described in column 3) of the table in [Schedule 1](#JS1@EN) ;\n> \n> > (3)  In these rules, unless the contrary intention appears, 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 to the](/view/html/inforce/2026-04-12/sr-2015-068#JS2@EN) [Fisheries (Scalefish) Rules 2015](/view/html/inforce/2026-04-12/sr-2015-068) .","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Application of rules","content":"### 4 Application of rules\n\n> These rules apply to the mackerel fishery.","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Duration of rules","content":"### 5 Duration of rules\n\n> These rules continue in force for a period of 10 years.","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Consultation arrangements","content":"### 6 Consultation arrangements\n\n> The Minister is to consult with the appropriate fishing body in relation to the mackerel fishery about any changes relating to –\n> \n> > > (a) the areas where fishing may occur; and\n> > \n> > > (b) any matter relating to the characteristics of fish; and\n> > \n> > > (c) the opening and closing of the mackerel fishery; and\n> > \n> > > (d) fishing apparatus; and\n> > \n> > > (e) limits on taking and possessing fish.","sortOrder":6},{"sectionNumber":"7","sectionType":"section","heading":"Classes of fishing licence","content":"### 7 Classes of fishing licence\n\n> For the purpose of these rules, the following fishing licences are class mackerel:\n> \n> > > (a) fishing licence (mackerel A);\n> > \n> > > (b) fishing licence (mackerel B).","sortOrder":7},{"sectionNumber":"Part 2","sectionType":"part","heading":"Licences","content":"# Part 2 Licences","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Authority of mackerel fishing licence","content":"### 8 Authority of mackerel fishing licence\n\n> > (1)  A mackerel fishing licence only authorises the holder, in State waters –\n> > \n> > > > (a) to use the fishing vessel specified in the licence; and\n> > > \n> > > > (b) to take mackerel not exceeding the quantity specified in the licence for a species of mackerel, a mackerel zone or a species of mackerel in relation to a mackerel zone; and\n> > > \n> > > > (c) to take bycatch not exceeding the limits imposed by these rules.\n> \n> > (2)  Subject to [Part 4](#HP4@EN) , a mackerel fishing licence authorises the holder to use a purse seine net in State waters.","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Unloading mackerel","content":"### 9 Unloading mackerel\n\n> The holder of a mackerel fishing licence must only unload mackerel to the holder of a fish processing licence authorised to process mackerel.\n> \n> Penalty:  Grade 3 penalty.","sortOrder":10},{"sectionNumber":"10","sectionType":"section","heading":"Completion of mackerel records","content":"### 10 Completion of mackerel records\n\n> The holder of a mackerel fishing licence must complete records, required to be kept under [section 145 of the Act](/view/html/inforce/2026-04-12/act-1995-025#GS145@EN) , in respect of catching and unloading mackerel –\n> \n> > > (a) if the record relates only to the catching of mackerel –\n> > > \n> > > > > (i) as soon as practicable after catching the mackerel; and\n> > > > \n> > > > > (ii) if the mackerel is caught during a fishing trip that last longer than 24 hours, before the end of each day of that fishing trip; and\n> > \n> > > (b) if the record relates to the unloading of the mackerel –\n> > > \n> > > > > (i) as soon as practicable after unloading the mackerel; and\n> > > > \n> > > > > (ii) before any of the mackerel so unloaded is moved more than 200 metres outside the site of unloading; and\n> > > > \n> > > > > (iii) before any of the mackerel so unloaded is moved inside a temporary structure, or a building; and\n> > > > \n> > > > > (iv) if the mackerel is unloaded during a fishing trip that last longer than 24 hours, before the end of each day of that fishing trip.","sortOrder":11},{"sectionNumber":"11","sectionType":"section","heading":"Mackerel fishing licence not transferable","content":"### 11 Mackerel fishing licence not transferable\n\n> A mackerel fishing licence is not transferable.","sortOrder":12},{"sectionNumber":"Part 3","sectionType":"part","heading":"General Management of Fishery","content":"# Part 3 General Management of Fishery","sortOrder":13},{"sectionNumber":"12","sectionType":"section","heading":"Open season and closure of mackerel fishery","content":"### 12 Open season and closure of mackerel fishery\n\n> > (1)  Unless otherwise determined under [subrule (2)](#GS12@Gs2@EN) , the open season for the mackerel fishery for 2019 and each subsequent year is the period commencing on 1 May in the relevant year and ending on 30 April in the following year.\n> \n> > (2)  The Minister, by notice published in the *Gazette,* or on a website of the Department, or in a newspaper circulating in the State, may determine the dates of the closed season for all or part of the mackerel fishery in respect of one or more of the following:\n> > \n> > > > (a) a type of mackerel fishing licence;\n> > > \n> > > > (b) an area of State waters;\n> > > \n> > > > (c) a species of mackerel;\n> > > \n> > > > (d) a specific activity.\n> \n> > (3)  The open season for the mackerel fishery that commenced on 1 July 2018 under the [Fisheries (Mackerel) Rules 2009](/view/html/inforce/2026-04-12/sr-2009-016) continues, but ends on 30 April 2019.\n> \n> > (4)  The holder of a mackerel fishing licence must not take mackerel –\n> > \n> > > > (a) in contravention of a closed season determined by the Minister under [subrule (2)](#GS12@Gs2@EN) ; or\n> > > \n> > > > (b) while the fishery is closed under [subrule (2)](#GS12@Gs2@EN) .\n> > > > \n> > > > Penalty:  Grade 3 penalty.","sortOrder":14},{"sectionNumber":"13","sectionType":"section","heading":"Total allowable catch","content":"### 13 Total allowable catch\n\n> The Minister is to determine and set the total allowable catch for the mackerel fishery, or part of the mackerel fishery, by reference to the whole weight of mackerel allowed to be caught by the holder of a mackerel fishing licence during the open season.","sortOrder":15},{"sectionNumber":"14","sectionType":"section","heading":"Licence amount not to be exceeded","content":"### 14 Licence amount not to be exceeded\n\n> > (1)  The holder of a mackerel fishing licence must not, during a fishing trip, take more mackerel than the uncaught balance of the amount specified for the licence.\n> > \n> > Penalty:  In the case of –\n> > \n> > > > (a) the uncaught balance of the relevant amount specified being exceeded by not more than 20%, Grade 1 penalty; or\n> > > \n> > > > (b) the uncaught balance of the relevant amount specified being exceeded by more than 20% but not more than 50%, Grade 2 penalty; or\n> > > \n> > > > (c) the uncaught balance of the relevant amount specified being exceeded by more than 50%, Grade 3 penalty.\n> \n> > (2)  If –\n> > \n> > > > (a) the Minister is satisfied that the holder of a mackerel fishing licence has committed an offence under [subrule (1)](#GS14@Gs1@EN) but that the relevant amount specified in the licence has only been exceeded by not more than 50% of the uncaught balance; and\n> > > \n> > > > (b) the licence holder pays or agrees to pay an administrative penalty to the Crown –\n> > \n> > the Minister may accept such payment or agreement to pay and, if so, must waive or, if applicable, discontinue the proceedings for the offence.\n> \n> > (3)  If the whole or any part of an amount that a person has agreed to pay under [subrule (2)](#GS14@Gs2@EN) is not paid by such date or within such period as the person and the Minister have agreed for the purpose, the unpaid amount may be recovered in a court of competent jurisdiction as a debt due to the Crown.\n> \n> > (4)  In this rule –\n> > \n> > > ***administrative penalty*** means –\n> > > \n> > > > > (a) in the case of exceeding the uncaught balance of the amount of mackerel specified in the licence by 20% or less, an amount equal to 1.5 times the market value of the excess amount of mackerel; and\n> > > > \n> > > > > (b) in the case of exceeding the uncaught balance of the amount of mackerel specified in the licence by more than 20% and up to 50%, an amount equal to 2 times the market value of the excess amount of mackerel.","sortOrder":16},{"sectionNumber":"15","sectionType":"section","heading":"Bycatch limit for each fishing trip","content":"### 15 Bycatch limit for each fishing trip\n\n> > (1)  The holder of a mackerel fishing licence must not, in State waters, during any one fishing trip, take or be in possession of an amount of bycatch that weighs more than 10% of the total weight of mackerel taken by the licence holder during that fishing trip (the ***authorised amount***).\n> > \n> > Penalty:  In the case of –\n> > \n> > > > (a) the authorised amount being exceeded by not more than 2%, Grade 1 penalty; or\n> > > \n> > > > (b) the authorised amount being exceeded by more than 2% but not more than 4%, Grade 2 penalty; or\n> > > \n> > > > (c) the authorised amount being exceeded by more than 4%, Grade 3 penalty.\n> \n> > (2)  A person must not, while fishing under the authority of a mackerel fishing licence, engage in fishing that is not authorised by the licence.\n> > \n> > Penalty:  Grade 3 penalty.\n> \n> > (3)  If –\n> > \n> > > > (a) the Minister is satisfied that the holder of a mackerel fishing licence has committed an offence under [subrule (1)](#GS15@Gs1@EN) but that the authorised amount of bycatch has only been exceeded by not more than 4%; and\n> > > \n> > > > (b) the licence holder pays or agrees to pay an administrative penalty to the Crown –\n> > \n> > the Minister may accept such payment or agreement to pay and, if so, must waive or, if applicable, discontinue the proceedings for the offence.\n> \n> > (4)  If the whole or any part of an amount that a person has agreed to pay under [subrule (3)](#GS15@Gs3@EN) is not paid by such date or within such period as the person and the Minister have agreed for the purpose, the unpaid amount may be recovered in a court of competent jurisdiction as a debt due to the Crown.\n> \n> > (5)  In this rule –\n> > \n> > > ***administrative penalty*** means –\n> > > \n> > > > > (a) for an excess of not more than 2%, an amount equal to the market value of the excess bycatch; and\n> > > > \n> > > > > (b) for an excess of more than 2% but not more than 4%, an amount equal to twice the market value of the excess bycatch.","sortOrder":17},{"sectionNumber":"16","sectionType":"section","heading":"Determination of market value","content":"### 16 Determination of market value\n\n> > (1)  The Secretary may, from time to time, after consultation with the relevant fishing body –\n> > \n> > > > (a) determine the market value of mackerel; and\n> > > \n> > > > (b) determine the market value of bycatch for the purposes of these rules; and\n> > > \n> > > > (c) publish the determination –\n> > > > \n> > > > > > (i) in the *Gazette*; or\n> > > > > \n> > > > > > (ii) on a website, maintained by or on behalf of the Government, that is accessible by members of the public; or\n> > > > > \n> > > > > > (iii) in a newspaper circulating in the State.\n> \n> > (2)  A determination under [subrule (1)](#GS16@Gs1@EN) has effect from the date on which the notice is published until the determination is revoked or a further determination is made under [subrule (1)](#GS16@Gs1@EN) .","sortOrder":18},{"sectionNumber":"Part 4","sectionType":"part","heading":"Purse Seine Net Restrictions","content":"# Part 4 Purse Seine Net Restrictions","sortOrder":19},{"sectionNumber":"17","sectionType":"section","heading":"Restriction on use of purse seine nets in certain waters","content":"### 17 Restriction on use of purse seine nets in certain waters\n\n> The holder of a mackerel fishing licence, acting under the authority of that licence, must not set or use a purse seine net in any of the following waters:\n> \n> > > (a) King Bay, Moulting Lagoon, Pelican Bay, Great Swanport and the waters enclosed north of an imaginary straight line extending from Point Bagot to the first point of land due east of Point Bagot;\n> > \n> > > (b) the waters in the north-west region specified in [Part 1](#JS2@HS1@EN) of [Schedule 2](#JS2@EN) ;\n> > \n> > > (c) the waters in the north-east region specified in [Part 2](#JS2@HS2@EN) of [Schedule 2](#JS2@EN) ;\n> > \n> > > (d) the waters in the southern region specified in [Part 3](#JS2@HS3@EN) of [Schedule 2](#JS2@EN) ;\n> > \n> > > (e) the waters specified in items 1 to 7 of [Schedule 3](#JS3@EN) .\n> \n> Penalty:  Grade 2 penalty.","sortOrder":20},{"sectionNumber":"18","sectionType":"section","heading":"Restriction for vessels from 25 to 35 metres in length","content":"### 18 Restriction for vessels from 25 to 35 metres in length\n\n> > (1)  In addition to [rule 17](#GS17@EN) , the holder of a mackerel fishing licence, acting under the authority of that licence, must not, from a fishing vessel that is equal to or greater than 25 metres, but less than or equal to 35 metres, in length, set or use a purse seine net in any of the waters specified in items 8 to 10 of [Schedule 3](#JS3@EN) .\n> > \n> > Penalty:  Grade 3 penalty.\n> \n> > (2)  Despite [subrule (1)](#GS18@Gs1@EN) , the holder of a mackerel fishing licence may set or use a purse seine net, from a fishing vessel of a length referred to in that subrule, in the waters specified in items 8 to 10 of [Schedule 3](#JS3@EN) if the licence is endorsed to that effect.","sortOrder":21},{"sectionNumber":"19","sectionType":"section","heading":"Restriction for vessels over 35 metres in length","content":"### 19 Restriction for vessels over 35 metres in length\n\n> > (1)  In addition to [rule 17](#GS17@EN) , the holder of a mackerel fishing licence must not, from a fishing vessel that exceeds 35 metres in length, set or use a purse seine net in State waters.\n> > \n> > Penalty:  Grade 3 penalty.\n> \n> > (2)  Despite [subrule (1)](#GS19@Gs1@EN) , the holder of a mackerel fishing licence may set or use a purse seine net, from a fishing vessel referred to in that subrule, in State waters if the licence is endorsed to that effect.\n> \n> > (3)  An endorsement under [subrule (2)](#GS19@Gs2@EN) may not, however, be made in respect of any of the waters specified in [rule 17](#GS17@EN) .","sortOrder":22},{"sectionNumber":"Part 5","sectionType":"part","heading":"Miscellaneous","content":"# Part 5 Miscellaneous","sortOrder":23},{"sectionNumber":"20","sectionType":"section","heading":"Reporting services","content":"### 20 Reporting services\n\n> > (1)  The Secretary may approve –\n> > \n> > > > (a) a reporting service to receive reports under these rules; and\n> > > \n> > > > (b) the means by which such reports are to be made to the reporting service; and\n> > > \n> > > > (c) the information to be provided in such reports.\n> \n> > (2)  As soon as practicable after it receives a report under these rules, the reporting service is to issue the maker of the report with a report receipt number.","sortOrder":24},{"sectionNumber":"21","sectionType":"section","heading":"Vessel monitoring systems","content":"### 21 Vessel monitoring systems\n\n> > (1)  In this rule –\n> > \n> > > ***vessel monitoring system*** means a navigational measuring system that –\n> > > \n> > > > > (a) determines the location and activities of a vessel; and\n> > > > \n> > > > > (b) is capable of transmitting data about that location and those activities via a satellite communication system.\n> \n> > (2)  The Secretary, by notice in writing provided to the holder of a mackerel fishing licence, may direct the licence holder to fit a vessel monitoring system to a specified fishing vessel.\n> \n> > (3)  The provisions of [Part 3 of the](/view/html/inforce/2026-04-12/sr-2009-126#HP3@EN) [Fisheries Rules 2009](/view/html/inforce/2026-04-12/sr-2009-126) relating to a vessel monitoring system, other than [rule 32](/view/html/inforce/2026-04-12/sr-2009-126#GS32@EN) of those rules, apply to the holder of a mackerel fishing licence as if –\n> > \n> > > > (a) a reference in those rules to a holder of a fishing licence (vessel) were a reference to a holder of a mackerel fishing licence; and\n> > > \n> > > > (b) a reference in those rules to a supervisor of a fishing licence (vessel) were a reference to a supervisor of a mackerel fishing licence; and\n> > > \n> > > > (c) a reference in those rules to a notice served were a reference to a notice in writing provided.","sortOrder":25},{"sectionNumber":"22","sectionType":"section","heading":"Procedures for dealing with certain threatened, endangered and protected species","content":"### 22 Procedures for dealing with certain threatened, endangered and protected species\n\n> > (1)  In this rule –\n> > \n> > > ***threatened, endangered and protected species*** means species listed in Chapter 5 of the *Environment Protection and Biodiversity Conservation Act 1999* of the Commonwealth including dolphins, seals and seabirds.\n> \n> > (2)  Before acting under the authority of a mackerel fishing licence, the holder of the licence must have an approved written procedure in respect of the measures to be taken to mitigate interactions between the licensee’s fishing vessel and threatened, endangered and protected species.\n> > \n> > Penalty:  Grade 3 penalty.\n> \n> > (3)  The holder of a mackerel fishing licence must comply with the approved written procedure when taking mackerel under the authority of the licence.\n> > \n> > Penalty:  Grade 3 penalty.","sortOrder":26},{"sectionNumber":"23","sectionType":"section","heading":"Infringement notice offences and penalties","content":"### 23 Infringement notice offences and penalties\n\n> For the purposes of [section 42(2)](/view/html/inforce/2026-04-12/act-1995-025#GS42@Gs2@EN) of the Act –\n> \n> > > (a) an offence against a provision of these rules specified in column 2 of [Schedule 4](#JS4@EN) is a prescribed offence for the purposes of [Division 5 of Part 9](/view/html/inforce/2026-04-12/act-1995-025#HP9@HD5@EN) of the Act; and\n> > \n> > > (b) the penalty specified in column 3 of that Schedule opposite that provision is the prescribed penalty applicable to that offence.","sortOrder":27},{"sectionNumber":"24","sectionType":"section","heading":"Legislation rescinded","content":"### 24 Legislation rescinded\n\n> The legislation specified in [Schedule 5](#JS5@EN) is rescinded.","sortOrder":28},{"sectionNumber":"SCHEDULE 1 - Shark Refuge Area","sectionType":"part","heading":"SCHEDULE 1 - Shark Refuge Areas Defined","content":"# SCHEDULE 1 - Shark Refuge Area SCHEDULE 1 - Shark Refuge Areas Defined\n\n[Rule 3](#GS3@EN)\n\n|  | Shark refuge area | Description of area |\n| 1. | Blackman Bay | The waters within the area bounded – |\n|  |  | (a) in the west by the western entrance of the Denison Canal; and |\n|  |  | (b) in the east by an imaginary straight line from the southern extreme of Long Spit due east to the opposite shore of Little Chinaman Bay |\n| 2. | D'Entrecasteaux Channel | The waters within the area bounded – |\n|  |  | (a) in the south by an imaginary straight line from Scott Point (situated at the entrance of Port Esperance) to the northern point of Partridge Island and line of longitude 147º 5' 54\" East between the southernmost point of Partridge Island and Labillardiere Peninsula on Bruny Island; and |\n|  |  | (b) in the north by an imaginary straight line from Dennes Point on Bruny Island to Piersons Point situated on the western shore of the River Derwent |\n| 3. | East Coast waters | The waters within 3 nautical miles of any part of the east coast of the State between Seaford Point and an imaginary straight line from Cape Bougainville to Cape Boullanger on Maria Island |\n| 4. | Frederick Henry Bay and Norfolk Bay | The waters within – |\n|  |  | (a) an imaginary straight line between North West Head and Cape Contrariety; and |\n|  |  | (b) Pitt Water and Pipe Clay Lagoon |\n|  |  | apart from the waters in Eaglehawk Bay bounded in the west by an imaginary straight line from Sympathy Point to Heather Point |\n| 5. | Georges Bay | The waters enclosed west of an imaginary straight line between Grants Point and St Helens Point |\n| 6. | Great Oyster Bay | The waters enclosed north of an imaginary straight line from Weatherhead Point on Freycinet Peninsula to Seaford Point |\n| 7. | Mercury Passage | The waters bounded in the north by an imaginary straight line from Cape Bougainville to Cape Boullanger and in the south by an imaginary straight line from Cape Peron to Cape Bernier |\n| 8. | Pitt Water | The waters upstream of an imaginary straight line from Sandy Point to Tiger Head |\n| 9. | Port Sorell | The waters upstream of an imaginary straight line from Griffiths Point in the east to Taroona Point in the west at the southern extremity of Hawley Beach |\n| 10. | River Derwent | The waters upstream of an imaginary straight line from Dennes Point to Cape Direction |\n| 11. | River Tamar | The waters upstream of an imaginary straight line from Low Head to West Head |","sortOrder":29},{"sectionNumber":"SCHEDULE 2 - Restricted Waters","sectionType":"part","heading":"SCHEDULE 2 - Restricted Waters for Purse Seine Nets","content":"# SCHEDULE 2 - Restricted Waters SCHEDULE 2 - Restricted Waters for Purse Seine Nets\n\n[Rule 17](#GS17@EN)","sortOrder":30},{"sectionNumber":"SCHEDULE 3 - Restricted waters","sectionType":"part","heading":"SCHEDULE 3 - Restricted waters for use of purse seine nets with certain vessels","content":"# SCHEDULE 3 - Restricted waters SCHEDULE 3 - Restricted waters for use of purse seine nets with certain vessels\n\n[Rules 17](#GS17@EN) and [18](#GS18@EN)\n\n| 1. | Adventure Bay – all waters enclosed west of an imaginary straight line extending from the southernmost extent of Cape Queen Elizabeth to the northernmost extent of Grass Point |\n| 2. | Hippolyte Rocks – all waters within a radius of one nautical mile of the rocks |\n| 3. | Port Arthur – all waters enclosed north of an imaginary straight line extending from the easternmost extent of West Arthur Head to the southernmost extent of Budget Head |\n| 4. | Port Davey including Bathurst Harbour – all waters enclosed inshore (northeast) of an imaginary straight line extending from the easternmost extent of North Head to the westernmost extent of Hilliard Head |\n| 5. | Recherche Bay – all waters west of an imaginary straight line extending from Sullivan Point to the navigation light on Fishers Point |\n| 6. | Wineglass Bay – all waters enclosed west of an imaginary straight line starting at the intersection of line of latitude 42º 8' 58.64\" South with line of longitude 148º 19' 25.72\" East and running approximately south to the intersection of line of latitude 42º 10' 9.67\" South with line of longitude 148º 18' 55.61\" East |\n| 7. | The following shark refuge areas: |\n|  | (a) Blackman Bay |\n|  | (b) D'Entrecasteaux Channel |\n|  | (c) Frederick Henry Bay and Norfolk Bay |\n|  | (d) Georges Bay |\n|  | (e) Great Oyster Bay |\n|  | (f) Pitt Water |\n|  | (g) Port Sorell |\n|  | (h) River Derwent |\n|  | (i) River Tamar |\n| 8. | The following shark refuge areas: |\n|  | (a) East Coast waters |\n|  | (b) Mercury Passage |\n| 9. | Storm Bay – all waters north of an imaginary straight line extending from the easternmost extent of One Tree Point to the southernmost extent of Outer North Head |\n| 10. | All waters inshore of an imaginary straight line extending from Cape Boullanger to Cape Faure |","sortOrder":34},{"sectionNumber":"SCHEDULE 4 - Infringement noti","sectionType":"part","heading":"SCHEDULE 4 - Infringement notice offences","content":"# SCHEDULE 4 - Infringement noti SCHEDULE 4 - Infringement notice offences\n\n[Rule 23](#GS23@EN)\n\n| Column 1Item | Column 2Provision of rules | Column 3Penalty(penalty units) |\n| 1. | Rule 9 | 3 |\n| 2. | Rule 12(4) | 5 |\n| 3. | Rule 14(1)(a) | 3 |\n| 4. | Rule 14(1)(b) | 5 |\n| 5. | Rule 14(1)(c) | 7 |\n| 6. | Rule 15(1)(a) | 3 |\n| 7. | Rule 15(1)(b) | 5 |\n| 8. | Rule 15(1)(c) | 7 |\n| 9. | Rule 15(2) | 5 |\n| 10. | Rule 17 | 3 |\n| 11. | Rule 18(1) | 3 |\n| 12. | Rule 19(1) | 5 |\n| 13. | Rule 22(2) | 5 |\n| 14. | Rule 22(3) | 5 |","sortOrder":35},{"sectionNumber":"SCHEDULE 5 - Legislation resci","sectionType":"part","heading":"SCHEDULE 5 - Legislation rescinded","content":"# SCHEDULE 5 - Legislation resci SCHEDULE 5 - Legislation rescinded\n\n[Rule 24](#GS24@EN)\n\n| Fisheries (Mackerel) Rules 2009 (No. 16 of 2009) |\n\nDisplayed and numbered in accordance with the *[Rules Publication Act 1953](/view/html/inforce/current/act-1953-050)*.\n\nNotified in the *Gazette* on 20 February 2019\n\nThese rules are administered in the Department of Primary Industries, Parks, Water and Environment.","sortOrder":36}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original intent as a fishery-specific management instrument. It replaces the 2009 Mackerel Rules with updated provisions but maintains the core regulatory framework for the mackerel fishery including licensing, catch limits, equipment restrictions, and conservation measures. The scope remains focused on commercial mackerel fishing management without significant expansion into unrelated areas."},"complexity_factors":["Extensive cross-referencing to other legislation including the Living Marine Resources Management Act 1995, Fisheries (Penalties) Regulations 2011, Fisheries (Scalefish) Rules 2015, and Fisheries Rules 2009","17 defined terms in the interpretation section, several with nested sub-definitions (e.g., 'mackerel' has 3 main categories with further species breakdowns)","Geographic complexity with multiple zones (eastern/western mackerel zones) and numerous specific locations defined by precise coordinates and imaginary lines in 5 separate schedules","Tiered penalty structures with graduated offences based on percentage thresholds (e.g., exceeding catch limits by 20% vs 50%)","Conditional exceptions to restrictions (e.g., vessel size restrictions in rules 18-19 have 'despite' clauses allowing Ministerial endorsements)","Administrative penalty provisions that operate as alternatives to prosecution with debt recovery mechanisms","Incorporation of external definitions by reference (e.g., 'purse seine net' and 'scalefish' defined in other rules)","Multiple overlapping prohibited areas across three schedules with different restrictions applying to different vessel sizes"],"plain_english_summary":"This legislation sets out the rules for commercial fishing of mackerel species in Tasmanian State waters. It creates two types of fishing licences (Mackerel A and Mackerel B) and specifies what fishers can and cannot do.\n\n**Key things the rules cover:**\n\n- **What counts as mackerel**: Redbait, blue mackerel, and various jack mackerel species (common, Peruvian, and yellowtail scad).\n\n- **Where fishing can occur**: The fishery is split into an eastern zone and western zone divided by a line of longitude at 146°30' East.\n\n- **When fishing can occur**: The season normally runs from 1 May to 30 April the following year, though the Minister can close parts of the fishery.\n\n- **Catch limits**: Fishers must not exceed the amount of mackerel specified on their licence. There are penalties for going over, with fines increasing based on how much the limit is exceeded (up to 20% over is a minor penalty; more than 50% over is the most serious).\n\n- **Bycatch rules**: Fishers can only catch other scalefish (bycatch) up to 10% of their mackerel catch by weight.\n\n- **Equipment restrictions**: The rules heavily restrict where purse seine nets (a type of large fishing net) can be used. Many coastal waters, rivers, bays, and \"shark refuge areas\" are off-limits. Larger vessels (25–35 metres) face extra restrictions, and vessels over 35 metres generally cannot use these nets at all unless specifically endorsed.\n\n- **Record keeping**: Fishers must complete detailed records about their catch and unloading, with strict timing requirements.\n\n- **Protected species**: Fishers must have approved procedures to avoid harming threatened or endangered species like dolphins, seals, and seabirds.\n\n- **Enforcement**: The rules include a system of administrative penalties (essentially on-the-spot fines based on market value of excess fish) and infringement notices with set penalty units.\n\n**Who it affects**: Commercial fishers holding mackerel fishing licences, fish processors, and the government agencies managing the fishery.\n\n**Why it matters**: These rules aim to prevent overfishing of mackerel stocks, protect vulnerable marine ecosystems (particularly shark refuge areas), minimise bycatch, and ensure sustainable fishing practices in Tasmanian waters."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"This instrument expressly rescinds the Fisheries (Mackerel) Rules 2009 (Schedule 5) and replaces the regulatory framework for the mackerel fishery. It consolidates licensing (mackerel A/B), annual open/closed seasons and Ministerial powers over closures (rule 12), total allowable catch setting (rule 13), catch and bycatch limits with tiered penalties and administrative penalty options (rules 14–16), spatial and vessel‑size restrictions on purse seine net use with possible licence endorsements (Part 4, Schedules 2–3), reporting and vessel monitoring powers (rules 20–21), unloading and record‑keeping requirements (rules 9–10), threatened species procedures (rule 22) and a 10‑year duration (rule 5)."},"complexity_factors":["Extensive definitions and cross‑references to other instruments (Living Marine Resources Management Act 1995; Fisheries (Penalties) Regulations 2011; Fisheries (Scalefish) Rules 2015) (rule 3).","Detailed geographic and spatial restrictions set out across multiple schedules (Schedules 1–3) prescribing where purse seine nets may be used (rule 17, Schedules 2–3).","Graduated penalty structure and administrative penalty options tied to percentage breaches and market value calculations (rules 14–16, Schedule 4).","Significant administrative discretion vested in the Minister and Secretary to set closed seasons, total allowable catch, market value determinations, approve reporting services and direct VMS installation (rules 12, 13, 16, 20, 21).","Operational compliance obligations for licence‑holders including real‑time/periodic records, unloading limits to authorised processors, and approved species mitigation procedures (rules 9, 10, 22).","Licence non‑transferability and conditional endorsement regime allowing exceptions for vessel sizes in restricted waters (rules 11, 18(2), 19(2)).","Fixed 10‑year statutory duration combined with rescission of prior rules (rule 5; Schedule 5)."],"plain_english_summary":"These rules set out how the Tasmanian mackerel fishery is run: they define licence classes and quantities, set seasons and a total allowable catch, limit bycatch, restrict where and what size vessels may use purse seine nets, require reporting, record‑keeping and vessel monitoring, control unloading to authorised processors, and prescribe penalties. They apply in State waters and remain in force for 10 years.\n\nThe rules mainly affect mackerel licence‑holders and authorised processors; the Minister and Secretary decide TACs, closed seasons, market values and VMS/reporting directions, imposing compliance costs and possible administrative penalties."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on available metadata, the legislation appears to remain focused on its original intent: regulating mackerel fishing in Tasmanian waters. No evidence of scope expansion or drift was identifiable from the information provided."},"complexity_factors":["Narrow, species-specific scope limits overall complexity","Typical subordinate legislation (rules made under a parent Act) — standard drafting structure","Full operative text was not provided, preventing assessment of technical provisions such as quota calculations, gear specifications, or licensing conditions","No apparent cross-jurisdictional complexity — applies within Tasmania only","Has been amended at least once (table of amendments referenced), which may add layering"],"plain_english_summary":"The Fisheries (Mackerel) Rules 2019 are Tasmanian regulations that set the specific conditions for mackerel fishing in Tasmanian waters, operating within the state's broader fisheries law. They govern how, when and how much mackerel may be taken and apply to commercial and recreational fishers, licence holders, and those who buy or process mackerel.\n\nThis matters because non‑compliance can bring penalties, including fines or licence loss. The operative provisions (e.g. limits or seasons) were not included here; consult the consolidated text for details."}},"importantCases":[],"_links":{"self":"/api/acts/fisheries-mackerel-rules-2019","history":"/api/acts/fisheries-mackerel-rules-2019/history","analysis":"/api/acts/fisheries-mackerel-rules-2019/analysis","conflicts":"/api/acts/fisheries-mackerel-rules-2019/conflicts","importantCases":"/api/acts/fisheries-mackerel-rules-2019/important-cases","documents":"/api/acts/fisheries-mackerel-rules-2019/documents"}}