{"id":"tas:sr-2017-057","name":"Fisheries (Marine Plant) Rules 2017","slug":"fisheries-marine-plant-rules-2017","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"57 of 2017","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":185124,"registerId":"tas-tas:sr-2017-057-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 (Marine Plant) Rules 2017](/view/html/inforce/2026-04-12/sr-2017-057) .","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> These rules take effect on 1 September 2017.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> 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> > ***assistant***, in relation to a marine plant fishing licence, means a person who assists the supervisor of the licence in carrying out an activity under the authority of that licence;\n> \n> > ***Blackman Bay*** means the waters within the area bounded –\n> > \n> > > > (a) in the west by the western entrance of the Denison Canal; and\n> > > \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> \n> > ***cast***, in relation to a marine plant, means a marine plant that has been cast onshore by wave action, tidal action, storm action or other natural forces but does not include a marine plant attached to the seabed or other substrate;\n> \n> > ***fishing licence (commercial dive)*** means a licence of that class referred to in [rule 7(a) of the](/view/html/inforce/2026-04-12/sr-2011-006#GS7@Hpa@EN) [Fisheries (Commercial Dive) Rules 2011](/view/html/inforce/2026-04-12/sr-2011-006) ;\n> \n> > ***fishing licence (introduced marine plant)*** – see [rule 6(a)(i)](#GS6@Hpa@Hqi@EN) ;\n> \n> > ***fishing licence (King Island kelp)*** – see [rule 6(a)(ii)](#GS6@Hpa@Hqii@EN) ;\n> \n> > ***fishing licence (marine plant)*** – see [rule 6(a)(iii)](#GS6@Hpa@Hqiii@EN) ;\n> \n> > ***fishing licence (Undaria)*** – see [rule 6(a)(iv)](#GS6@Hpa@Hqiv@EN) ;\n> \n> > ***Grade 1 penalty*** means the penalty specified in [regulation 5 of the](/view/html/inforce/2026-04-12/sr-2011-012#GS5@EN) [Fisheries (Penalties) Regulations 2011](/view/html/inforce/2026-04-12/sr-2011-012) ;\n> \n> > ***Grade 2 penalty*** means the penalty specified in [regulation 6 of the](/view/html/inforce/2026-04-12/sr-2011-012#GS6@EN) [Fisheries (Penalties) Regulations 2011](/view/html/inforce/2026-04-12/sr-2011-012) ;\n> \n> > ***Grade 3 penalty*** means the penalty specified in [regulation 7 of the](/view/html/inforce/2026-04-12/sr-2011-012#GS7@EN) [Fisheries (Penalties) Regulations 2011](/view/html/inforce/2026-04-12/sr-2011-012) ;\n> \n> > ***introduced marine plant*** means –\n> > \n> > > > (a) a marine plant of the genus *Grateloupia* and the species *turuturu*; and\n> > > \n> > > > (b) Undaria; and\n> > > \n> > > > (c) such other marine plants as the Secretary by public notice may specify for the purposes of this definition;\n> \n> > ***kelp*** means a marine plant of the order Laminariales or Fucales;\n> \n> > ***kind*** includes genus, family and order;\n> \n> > ***licensing year*** means the period beginning on 1 September each year and ending at midnight on 31 August the following year;\n> \n> > ***marine plant*** means –\n> > \n> > > > (a) algae and seaweed of the following divisions:\n> > > > \n> > > > > > (i) Chlorophyta (green algae);\n> > > > > \n> > > > > > (ii) Heterokontophyta of the class Phaeophyceae (brown algae);\n> > > > > \n> > > > > > (iii) Rhodophyta (red algae); or\n> > > \n> > > > (b) seagrass of the division Magnoliophyta;\n> \n> > ***marine plant fishery*** means the taking and possession, under the Act, of marine plants by any person in State waters;\n> \n> > ***marine plant fishing licence*** means –\n> > \n> > > > (a) a fishing licence (introduced marine plant); or\n> > > \n> > > > (b) a fishing licence (King Island kelp); or\n> > > \n> > > > (c) a fishing licence (marine plant); or\n> > > \n> > > > (d) a fishing licence (Undaria);\n> \n> > ***native marine plant*** means marine plants other than introduced marine plants;\n> \n> > ***sporophyll*** means that part of an algal stem containing or producing spores;\n> \n> > ***substrate*** includes a reef, tidal rock ledge, underwater ledge and cliff face;\n> \n> > ***Undaria*** means –\n> > \n> > > > (a) marine alga of the genus *Undaria* and the species *pinnatifida* (commonly known as wakame); and\n> > > \n> > > > (b) sporophyll of that alga;\n> \n> > ***Undaria zone*** means those State waters adjacent to the east coast of the mainland of Tasmania from Binalong Bay 41° 14' 11.73\"S and 148° 17' 29.62\"E in the North to Whale Head in the South.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Application of rules","content":"### 4 Application of rules\n\n> These rules apply to the marine plant fishery.","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Duration of rules","content":"### 5 Duration of rules\n\n> These rules continue in effect for 10 years.","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Classes of fishing licence","content":"### 6 Classes of fishing licence\n\n> For the purposes of these rules, a fishing licence is one of the following classes:\n> \n> > > (a) class marine plant –\n> > > \n> > > > > (i) fishing licence (introduced marine plant);\n> > > > \n> > > > > (ii) fishing licence (King Island kelp);\n> > > > \n> > > > > (iii) fishing licence (marine plant);\n> > > > \n> > > > > (iv) fishing licence (Undaria);\n> > \n> > > (b) class commercial dive, fishing licence (commercial dive).","sortOrder":6},{"sectionNumber":"Part 2","sectionType":"part","heading":"General Management of Fishery","content":"# Part 2 General Management of Fishery","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Closed and open seasons","content":"### 7 Closed and open seasons\n\n> > (1)  The Minister, by public notice, may determine –\n> > \n> > > > (a) the dates of the closed season for all or part of the marine plant fishery; and\n> > > \n> > > > (b) the dates of the open season for all or part of the marine plant fishery.\n> \n> > (2)  A person must not take marine plants from State waters that are closed to the marine plant fishery for that kind of marine plant.\n> > \n> > Penalty:  Grade 3 penalty.","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Closure of fishery to certain fishing activities","content":"### 8 Closure of fishery to certain fishing activities\n\n> > (1)  The Minister, by public notice, may determine the marine plant fishery or a part of the marine plant fishery is closed in respect of a fishing activity specified in the notice for such period as is specified in the notice.\n> \n> > (2)  A person must not contravene a determination in force under [subrule (1)](#GS8@Gs1@EN) .\n> > \n> > Penalty:  Grade 3 penalty.","sortOrder":9},{"sectionNumber":"Part 3","sectionType":"part","heading":"Licences","content":"# Part 3 Licences","sortOrder":10},{"sectionNumber":"Division 1","sectionType":"division","heading":"General","content":"## Division 1 General","sortOrder":11},{"sectionNumber":"9","sectionType":"section","heading":"Licences are non-transferable","content":"### 9 Licences are non-transferable\n\n> A marine plant fishing licence is not transferable.","sortOrder":12},{"sectionNumber":"10","sectionType":"section","heading":"Restriction on granting subsequent marine plant fishing licences","content":"### 10 Restriction on granting subsequent marine plant fishing licences\n\n> > (1)  This rule applies if a person holding a fishing licence (King Island kelp) or a fishing licence (Undaria) –\n> > \n> > > > (a) allows the licence to expire; and\n> > > \n> > > > (b) does not, within 12 months after the date of the expiry, apply under [section 77](/view/html/inforce/2026-04-12/act-1995-025#GS77@EN) of the Act for the grant of a further licence of the same kind.\n> \n> > (2)  The person is not eligible to be granted a fishing licence (King Island kelp) or a fishing licence (Undaria) of the same kind as the expired licence.","sortOrder":13},{"sectionNumber":"Division 2","sectionType":"division","heading":"Fishing licence (marine plant)","content":"## Division 2 Fishing licence (marine plant)","sortOrder":14},{"sectionNumber":"11","sectionType":"section","heading":"Authority of fishing licence (marine plant)","content":"### 11 Authority of fishing licence (marine plant)\n\n> A fishing licence (marine plant) authorises its holder to take and possess, for commercial purposes, marine plants in accordance with the licence.","sortOrder":15},{"sectionNumber":"12","sectionType":"section","heading":"Endorsement of fishing licence (marine plant)","content":"### 12 Endorsement of fishing licence (marine plant)\n\n> > (1)  The Minister may endorse a fishing licence (marine plant) to allow the holder of the licence to –\n> > \n> > > > (a) take the species or types of marine plants specified in the endorsement; and\n> > > \n> > > > (b) take marine plants from areas specified in the endorsement; and\n> > > \n> > > > (c) transfer marine plants taken under the authority of the licence to the holder of a fish processing licence specified in the endorsement.\n> \n> > (2)  The holder of a fishing licence (marine plant) that is endorsed under subrule (1) must not take or transfer marine plants otherwise than in accordance with that endorsement when operating under the authority of that licence.\n> > \n> > Penalty:  Grade 2 penalty.","sortOrder":16},{"sectionNumber":"Division 3","sectionType":"division","heading":"Fishing licence (King Island kelp)","content":"## Division 3 Fishing licence (King Island kelp)","sortOrder":17},{"sectionNumber":"13","sectionType":"section","heading":"Authority of fishing licence (King Island kelp)","content":"### 13 Authority of fishing licence (King Island kelp)\n\n> A fishing licence (King Island kelp) authorises its holder to take and possess, for commercial purposes, cast kelp from King Island in accordance with the licence.","sortOrder":18},{"sectionNumber":"14","sectionType":"section","heading":"Granting of fishing licence (King Island kelp)","content":"### 14 Granting of fishing licence (King Island kelp)\n\n> A fishing licence (King Island kelp) may only be granted to a person if the person lodging the application for the licence is the holder of a fish processing licence with an endorsement that authorises its holder to process kelp on King Island.","sortOrder":19},{"sectionNumber":"15","sectionType":"section","heading":"Cap on number of fishing licences (King Island kelp)","content":"### 15 Cap on number of fishing licences (King Island kelp)\n\n> The Minister is to ensure that no more than one fishing licence (King Island kelp) is in force at any one time.","sortOrder":20},{"sectionNumber":"Division 4","sectionType":"division","heading":"Fishing licence (Undaria)","content":"## Division 4 Fishing licence (Undaria)","sortOrder":21},{"sectionNumber":"16","sectionType":"section","heading":"Authority of fishing licence (Undaria)","content":"### 16 Authority of fishing licence (Undaria)\n\n> A fishing licence (Undaria) authorises its holder to –\n> \n> > > (a) take Undaria from the Undaria zone in accordance with the licence; and\n> > \n> > > (b) possess Undaria in accordance with the licence.","sortOrder":22},{"sectionNumber":"17","sectionType":"section","heading":"Cap on number of fishing licences (Undaria)","content":"### 17 Cap on number of fishing licences (Undaria)\n\n> The Minister is to ensure that no more than one fishing licence (Undaria) is in force at any one time.","sortOrder":23},{"sectionNumber":"Division 5","sectionType":"division","heading":"Fishing licence (introduced marine plant)","content":"## Division 5 Fishing licence (introduced marine plant)","sortOrder":24},{"sectionNumber":"18","sectionType":"section","heading":"Authority of fishing licence (introduced marine plant)","content":"### 18 Authority of fishing licence (introduced marine plant)\n\n> Subject to [rule 20](#GS20@EN) , a fishing licence (introduced marine plant) authorises its holder to –\n> \n> > > (a) take introduced marine plants, from areas specified in an endorsement on the licence, by means of diving or such other means as are endorsed on the licence; and\n> > \n> > > (b) possess introduced marine plants in accordance with the licence.","sortOrder":25},{"sectionNumber":"19","sectionType":"section","heading":"Fishing licence (introduced marine plant)","content":"### 19 Fishing licence (introduced marine plant)\n\n> > (1)  The Minister may endorse a fishing licence (introduced marine plant) to allow the holder of the licence to –\n> > \n> > > > (a) take the species or types of introduced marine plants specified in the endorsement; and\n> > > \n> > > > (b) take introduced marine plants from areas specified in the endorsement.\n> \n> > (2)  The holder of a fishing licence (introduced marine plant) that is endorsed under subrule (1) must not take introduced marine plants otherwise than in accordance with that endorsement when operating under the authority of that licence.\n> > \n> > Penalty:  Grade 2 penalty.","sortOrder":26},{"sectionNumber":"20","sectionType":"section","heading":"Restriction on fishing licence (introduced marine plant)","content":"### 20 Restriction on fishing licence (introduced marine plant)\n\n> > (1)  In this rule –\n> > \n> > > ***restricted zone*** means the State waters inshore of an imaginary line extending from Cape Degerando straight to Cape Sonnerat thence straight to Mistaken Cape and straight to Cape Frederick Hendrick, other than the waters of Blackman Bay west of an imaginary straight line from the southernmost extent of the spit to the northernmost part of Little Chinaman Bay.\n> \n> > (2)  The holder of a fishing licence (introduced marine plant) endorsed with Undaria must not take Undaria from State waters in the restricted zone.\n> > \n> > Penalty:  Grade 2 penalty.","sortOrder":27},{"sectionNumber":"Part 4","sectionType":"part","heading":"Taking and Possessing Marine Plants","content":"# Part 4 Taking and Possessing Marine Plants","sortOrder":28},{"sectionNumber":"21","sectionType":"section","heading":"Taking marine plants for commercial purposes","content":"### 21 Taking marine plants for commercial purposes\n\n> > (1)  In this rule –\n> > \n> > > ***exempt business*** means a business that takes less than 100kg of cast native marine plants in a licensing year.\n> \n> > (2)  A person must not take marine plants from State waters for commercial purposes unless the person is –\n> > \n> > > > (a) acting in accordance with an authorisation; or\n> > > \n> > > > (b) employed or engaged by an exempt business to take marine plants for the purposes of that business.\n> > \n> > Penalty:  Grade 2 penalty.","sortOrder":29},{"sectionNumber":"22","sectionType":"section","heading":"Taking cast native marine plants for non-commercial purposes","content":"### 22 Taking cast native marine plants for non-commercial purposes\n\n> A person must not take, for non-commercial purposes, more than 100kg of cast native marine plants on any one day unless that person is acting in accordance with an authorisation.\n> \n> Penalty:  Grade 2 penalty.","sortOrder":30},{"sectionNumber":"23","sectionType":"section","heading":"Possessing cast native marine plants for commercial purposes","content":"### 23 Possessing cast native marine plants for commercial purposes\n\n> > (1)  A person must not possess, for commercial purposes, more than 100kg of cast native marine plants cumulatively in a licensing year.\n> > \n> > Penalty:  Grade 2 penalty.\n> \n> > (2)  Subrule (1) does not apply to –\n> > \n> > > > (a) the holder of a fish processing licence; or\n> > > \n> > > > (b) a person who is acting under the authority of a marine plant fishing licence; or\n> > > \n> > > > (c) a person who purchased or received the cast native marine plants from a person referred to in [paragraph (a)](#GS23@Gs2@Hpa@EN) or (b).","sortOrder":31},{"sectionNumber":"24","sectionType":"section","heading":"Removal of cast marine plants constituting public nuisance","content":"### 24 Removal of cast marine plants constituting public nuisance\n\n> > (1)  The Secretary, by instrument in writing, may authorise a person to remove cast marine plants from an area specified in that instrument, if the Secretary reasonably considers that the marine plants in that area constitute a public nuisance.\n> \n> > (2)  The Secretary may make an authorisation under [subrule (1)](#GS24@Gs1@EN) subject to such conditions as the Secretary thinks fit.\n> \n> > (3)  The holder of an authorisation under [subrule (1)](#GS24@Gs1@EN) must comply with the conditions of that authorisation.\n> > \n> > Penalty:  Grade 2 penalty.","sortOrder":32},{"sectionNumber":"25","sectionType":"section","heading":"Protection of native marine plants attached to seabed, &c.","content":"### 25 Protection of native marine plants attached to seabed, &c.\n\n> A person must not take a native marine plant that is attached to the seabed or other substrate.\n> \n> Penalty:  Grade 3 penalty.","sortOrder":33},{"sectionNumber":"26","sectionType":"section","heading":"Taking introduced marine plants in State waters by diving","content":"### 26 Taking introduced marine plants in State waters by diving\n\n> A person must not take introduced marine plants in State waters for commercial purposes by means of diving unless the person –\n> \n> > > (a) is the holder of a fishing licence (commercial dive); and\n> > \n> > > (b) is authorised under a fishing licence (introduced marine plant) or a fishing licence (Undaria) to take and possess that species or type of marine plant.\n> \n> Penalty:  Grade 3 penalty.","sortOrder":34},{"sectionNumber":"27","sectionType":"section","heading":"Possession and sale of Undaria","content":"### 27 Possession and sale of Undaria\n\n> > (1)  In this rule –\n> > \n> > > ***imported Undaria*** means Undaria that was –\n> > > \n> > > > > (a) lawfully imported into the State; and\n> > > > \n> > > > > (b) not taken in State waters.\n> \n> > (2)  Subject to these rules, a person may be in possession of, or sell, Undaria that –\n> > \n> > > > (a) has been taken under the authority of a fishing licence (Undaria) or fishing licence (introduced marine plant); or\n> > > \n> > > > (b) is imported Undaria.","sortOrder":35},{"sectionNumber":"28","sectionType":"section","heading":"Preventing spread of Undaria","content":"### 28 Preventing spread of Undaria\n\n> > (1)  A person must not knowingly place or release Undaria in State waters.\n> > \n> > Penalty:  Grade 2 penalty.\n> \n> > (2)  A person must not place or release Undaria on any land, or in any waters, from where there is a reasonable likelihood that the Undaria could enter State waters.\n> > \n> > Penalty:  Grade 2 penalty.","sortOrder":36},{"sectionNumber":"Part 5","sectionType":"part","heading":"Processing","content":"# Part 5 Processing","sortOrder":37},{"sectionNumber":"29","sectionType":"section","heading":"Endorsement of fish processing licences","content":"### 29 Endorsement of fish processing licences\n\n> > (1)  The Secretary may endorse a fish processing licence to allow the holder of the licence to process marine plants that have been taken from an area specified in that endorsement.\n> \n> > (2)  The holder of a fish processing licence that is endorsed under subrule (1) must not process marine plants except in accordance with that endorsement.\n> > \n> > Penalty:  Grade 2 penalty.","sortOrder":38},{"sectionNumber":"30","sectionType":"section","heading":"Undaria endorsement on fish processing licence","content":"### 30 Undaria endorsement on fish processing licence\n\n> A fish processing licence that has an Undaria endorsement authorises its holder to possess and process Undaria in accordance with that licence.","sortOrder":39},{"sectionNumber":"31","sectionType":"section","heading":"Processing of marine plants generally","content":"### 31 Processing of marine plants generally\n\n> The holder of a fish processing licence must not have possession of a marine plant for commercial purposes of a particular kind unless the licence specifies that the licence holder may possess that kind of marine plant.\n> \n> Penalty:  Grade 3 penalty.","sortOrder":40},{"sectionNumber":"32","sectionType":"section","heading":"Processing of introduced marine plants","content":"### 32 Processing of introduced marine plants\n\n> > (1)  The holder of a fishing licence (introduced marine plant) must not transfer or sell any introduced marine plant taken under the authority of that licence to a person other than the holder of a fish processing licence with an endorsement that authorises its holder to process that kind of introduced marine plant.\n> > \n> > Penalty:  Grade 3 penalty.\n> \n> > (2)  [Subrule (1)](#GS32@Gs1@EN) does not apply to the holder of a fishing licence (introduced marine plant) in respect of introduced marine plant if the introduced marine plant is being transferred or sold for the purposes of export.","sortOrder":41},{"sectionNumber":"33","sectionType":"section","heading":"Processing of kelp from King Island","content":"### 33 Processing of kelp from King Island\n\n> > (1)  A person who takes kelp from King Island must not transfer or sell that kelp to the holder of a fish processing licence unless that fish processing licence has an endorsement that authorises its holder to process kelp on King Island.\n> > \n> > Penalty:  Grade 3 penalty.\n> \n> > (2)  The Minister is to ensure that, at any one time, no more than one fish processing licence holder on King Island has a fish processing licence with an endorsement that authorises the licence holder to process kelp.","sortOrder":42},{"sectionNumber":"34","sectionType":"section","heading":"Processing of kelp from Granville Harbour area","content":"### 34 Processing of kelp from Granville Harbour area\n\n> > (1)  In this rule –\n> > \n> > > ***Granville Harbour area*** means the area from Ahrberg Bay 41º 43' 19.61\"S, 144º 56' 26.52\"E, southwards to the mouth of the Tasman River.\n> \n> > (2)  A person who takes kelp from the Granville Harbour area must not transfer or sell that kelp to the holder of a fish processing licence unless that fish processing licence has an endorsement that authorises its holder to process kelp from the Granville Harbour area.\n> > \n> > Penalty:  Grade 3 penalty.\n> \n> > (3)  The Minister is to ensure that, at any one time, no more than one fish processing licence holder has a fish processing licence with an endorsement that authorises the licence holder to process kelp taken from the Granville Harbour area.","sortOrder":43},{"sectionNumber":"Part 6","sectionType":"part","heading":"Marine Plant Commercial Fishing Docket","content":"# Part 6 Marine Plant Commercial Fishing Docket","sortOrder":44},{"sectionNumber":"35","sectionType":"section","heading":"Interpretation","content":"### 35 Interpretation\n\n> In this Part –\n> \n> > ***holder***, in relation to a licence, includes a person authorised as a supervisor in respect of the licence;\n> \n> > ***marine plant commercial fishing docket*** means a docket, in an approved form, that –\n> > \n> > > > (a) relates to the taking of marine plants; and\n> > > \n> > > > (b) is part of the records required to be kept under the Act.","sortOrder":45},{"sectionNumber":"36","sectionType":"section","heading":"Completion of marine plant commercial fishing docket","content":"### 36 Completion of marine plant commercial fishing docket\n\n> > (1)  The holder of a marine plant fishing licence must complete the information relating to the taking of marine plants in a marine plant commercial fishing docket –\n> > \n> > > > (a) on the day on which the marine plants are taken; and\n> > > \n> > > > (b) before the marine plants are transferred or sold to another person.\n> > \n> > Penalty:  Grade 2 penalty.\n> \n> > (2)  The holder of a marine plant fishing licence must complete the information relating to the taking of marine plants in a marine plant commercial fishing docket –\n> > \n> > > > (a) in the case of cast marine plants, within 50 metres inland of the high-water mark from where the marine plants were taken; or\n> > > \n> > > > (b) in the case of marine plants that have not been cast, within a radius of 50 metres on the landward side from the high-tide mark closest to the point of landing.\n> > \n> > Penalty:  Grade 2 penalty.\n> \n> > (3)  The holder of a marine plant fishing licence must ensure that information entered on a marine plant commercial fishing docket pursuant to this rule is recorded and maintained in a clear and legible manner.\n> > \n> > Penalty:  Grade 2 penalty.","sortOrder":46},{"sectionNumber":"37","sectionType":"section","heading":"Completed marine plant commercial fishing docket","content":"### 37 Completed marine plant commercial fishing docket\n\n> The holder of a marine plant fishing licence must – \n> \n> > > (a) within 7 days after the end of each month, forward the pink sheet of the completed marine plant commercial fishing docket for that month to the Secretary; and\n> > \n> > > (b) retain the white sheet of the completed marine plant commercial fishing docket in good condition for at least 5 years.\n> \n> Penalty:  Grade 2 penalty.","sortOrder":47},{"sectionNumber":"Part 7","sectionType":"part","heading":"Miscellaneous","content":"# Part 7 Miscellaneous","sortOrder":48},{"sectionNumber":"38","sectionType":"section","heading":"Use of assistants","content":"### 38 Use of assistants\n\n> > (1)  The supervisor of a marine plant fishing licence must not allow an assistant to participate in an activity under the authority of that licence unless the assistant is participating in the activity under the immediate personal supervision of the supervisor.\n> > \n> > Penalty:  Grade 3 penalty.\n> \n> > (2)  The supervisor of a marine plant fishing licence who is participating in an activity under the authority of that licence must not supervise more than 2 assistants for the purposes of that licence at any one time.\n> > \n> > Penalty:  Grade 3 penalty.","sortOrder":49},{"sectionNumber":"39","sectionType":"section","heading":"Use of fishing vessel","content":"### 39 Use of fishing vessel\n\n> The holder of a fishing licence (marine plant) or holder of fishing licence (King Island kelp) must not possess native marine plants on a fishing vessel unless the possession is authorised by an endorsement on the licence.\n> \n> Penalty:  Grade 2 penalty.","sortOrder":50},{"sectionNumber":"40","sectionType":"section","heading":"Infringement notices and penalties","content":"### 40 Infringement notices and penalties\n\n> For [section 234](/view/html/inforce/2026-04-12/act-1995-025#GS234@EN) of the Act –\n> \n> > > (a) an offence under a rule specified in column 2 of [Schedule 1](#JS1@EN) is prescribed as an offence in respect of which an infringement notice may be served; and\n> > \n> > > (b) the penalty specified in column 3 of that Schedule is the applicable penalty for that offence.","sortOrder":51},{"sectionNumber":"SCHEDULE 1 - Infringement noti","sectionType":"part","heading":"SCHEDULE 1 - Infringement notices and penalties","content":"# SCHEDULE 1 - Infringement noti SCHEDULE 1 - Infringement notices and penalties\n\n[Rule 40](#GS40@EN)\n\n| Column 1Item | Column 2Rule | Column 3Penalty(penalty units) |\n| 1. | Rule 7(2) | 2 |\n| 2. | Rule 8(2) | 2 |\n| 3. | Rule 12(2) | 2 |\n| 4. | Rule 19(2) | 2 |\n| 5. | Rule 20(2) | 2 |\n| 6. | Rule 21(2) | 2 |\n| 7. | Rule 22 | 2 |\n| 8. | Rule 23(1) | 2 |\n| 9. | Rule 24(3) | 2 |\n| 10. | Rule 25 | 2 |\n| 11. | Rule 26 | 2 |\n| 12. | Rule 28(1) | 2 |\n| 13. | Rule 28(2) | 2 |\n| 14. | Rule 29(2) | 2 |\n| 15. | Rule 31 | 2 |\n| 16. | Rule 32(1) | 2 |\n| 17. | Rule 33(1) | 3 |\n| 18. | Rule 34(2) | 3 |\n| 19. | Rule 36(1) | 2 |\n| 20. | Rule 36(2) | 2 |\n| 21. | Rule 36(3) | 2 |\n| 22. | Rule 37 | 2 |\n| 23. | Rule 38(1) | 2 |\n| 24. | Rule 38(2) | 2 |\n| 25. | Rule 39 | 2 |\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 23 August 2017\n\nThese rules are administered in the Department of Primary Industries, Parks, Water and Environment.","sortOrder":52}],"analysis":{"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on available information, the legislation appears to remain focused on its original narrow purpose of regulating marine plant harvesting in Tasmania. No evidence of scope expansion or material drift from original intent was detectable from the metadata provided."},"complexity_factors":["Limited legislative text was provided — only metadata, making full analysis impossible","Subordinate legislation (rules made under a parent Act) adds a layer of hierarchy to navigate","Likely contains technical fisheries and environmental terminology","Licensing and permit frameworks can have conditional requirements that are moderately complex","Has been amended at least once, meaning readers must check current consolidated version"],"plain_english_summary":"This Tasmanian regulation governs the harvesting and handling of marine plants (e.g., seaweed, kelp) in state waters. It affects commercial harvesters, processors, buyers, transporters and recreational gatherers by setting rules on licences/permits, how, when and where plants may be taken, limits, reporting and penalties.\n\nIt matters because marine plants support ecosystems, and the rules balance commercial use with environmental protection."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The instrument does not itself expand or narrow the statutory scope of the marine plant fishery; it implements management controls and procedures for that fishery (see rule 4 and definitions in rule 3). It prescribes how licences, endorsements, closures, processing and reporting operate but does not redefine State waters or the basic legal entitlement to fish under the Act."},"complexity_factors":["Extensive definitions and named geographic zones (rule 3: Blackman Bay, Undaria zone, introduced marine plant, cast, kelp, etc.)","Multiple licence classes and endorsement regimes (rule 6; endorsement details in rules 12, 19, 29, 30)","Licence and processor caps and eligibility limits (rules 10, 15, 17, 33(2), 34(3))","Spatial and temporal management powers exercised by Minister via public notice (rules 7, 8) and Secretary discretion for authorisations (rule 24)","Prescriptive operational prohibitions and graded penalties across many rules (rules 21–28, 31–33; penalties defined by cross‑reference to Fisheries (Penalties) Regulations)","Quantitative exemptions and thresholds (100 kg limits in rules 21–23) that create administrative distinctions","Detailed record‑keeping, docket completion and retention requirements (Part 6: rules 35–37) imposing ongoing compliance burden","Supervisor/assistant supervision rules limiting delegation and imposing personal supervision obligations (rule 38)","Controls on movement and release of an invasive species (Undaria) including possession, sale and release prohibitions (rules 27–28)","Enforcement mechanism linking specific rule breaches to infringement notices and set penalty units (rule 40 and Schedule 1)"],"plain_english_summary":"These rules set out how commercial and some non‑commercial taking, possession and processing of marine plants in State waters is managed. They create licence classes and endorsements, geographic and seasonal closures, caps on certain licences and processors, reporting duties and penalties. The Minister and the Secretary make closures, endorsements and authorisations (rules 7, 12, 24, 29). Commercial harvesters, processors and their assistants bear compliance costs, record‑keeping obligations and risk fines for breaches (rules 36–37, Schedule 1)."},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"The legislation appears focused on its original purpose of regulating the marine plant fishery. The scope covers licensing, harvesting restrictions, processing requirements, and record-keeping, which aligns with a standard fisheries management framework. There is no evidence of significant scope creep beyond the original intent of managing commercial marine plant harvesting in Tasmanian waters."},"complexity_factors":["24 defined terms in the interpretation section, including scientific classifications (genus, family, order) for algae","Four distinct licence classes with different rules, endorsements, and restrictions","Multiple geographic zones defined by precise coordinates (Undaria zone, Granville Harbour area, Blackman Bay, restricted zone)","Cross-references to external legislation including the Living Marine Resources Management Act 1995 and Fisheries (Penalties) Regulations 2011","Nested exceptions and conditions (e.g., rule 23(1) has three exceptions in subrule (2); rule 32 has an exception for export)","Specific measurement requirements (100kg limits, 50 metre radius requirements, 7-day reporting deadlines)","Dual penalty structure with Grade 2 and Grade 3 penalties referenced from external regulations","Administrative conditions requiring ministerial caps on licence numbers (rules 15, 17, 33(2), 34(3))"],"plain_english_summary":"This legislation sets out the rules for commercially harvesting seaweed and other marine plants in Tasmanian waters. It creates a licensing system for different types of marine plant harvesting, including native seaweed, invasive species like wakame (Undaria), and kelp from specific areas like King Island.\n\n**Who it affects:**\n- Commercial seaweed harvesters and divers\n- Fish processing businesses that handle marine plants\n- People wanting to collect seaweed for personal or small-scale use\n\n**Key things the rules do:**\n\n- **Create four types of commercial licences:** for general marine plants, King Island kelp, the invasive seaweed Undaria (wakame), and other introduced marine plants\n- **Protect native marine plants:** You generally cannot take native seaweed that is still attached to rocks or the seabed. You can only collect it if it has been naturally washed up on shore (\"cast\"), and even then there are strict limits\n- **Control invasive species:** Undaria is treated differently because it's a pest species. Special licences allow its removal from a specific zone on Tasmania's east coast, but there are strict rules to prevent it spreading to new areas\n- **Limit numbers:** Only one licence at a time is allowed for King Island kelp and for Undaria harvesting\n- **Require paperwork:** Commercial harvesters must fill out detailed dockets (tracking forms) recording what they take, where, and when\n- **Set penalties:** Breaking these rules can result in fines, with some offences attracting higher penalties than others\n\n**Why it matters:**\nThese rules try to balance commercial opportunities with environmental protection. Native marine plants provide important habitat for fish and other sea life, so the rules protect living seaweed while allowing collection of dead seaweed washed ashore. The special rules for Undaria reflect efforts to control this invasive species while allowing some commercial harvest of it."},"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"},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/fisheries-marine-plant-rules-2017","history":"/api/acts/fisheries-marine-plant-rules-2017/history","analysis":"/api/acts/fisheries-marine-plant-rules-2017/analysis","conflicts":"/api/acts/fisheries-marine-plant-rules-2017/conflicts","importantCases":"/api/acts/fisheries-marine-plant-rules-2017/important-cases","documents":"/api/acts/fisheries-marine-plant-rules-2017/documents"}}